Initial Steps a Virginia Traumatic Brain Injury Lawyer Will Take
In these cases, the initial steps taken with a Virginia TBI lawyer are crucial. An attorney will begin by working with the client or the client’s family as soon as possible. There are certain types of issues that an attorney wants to preserve immediately, starting at the beginning of the case. This may include determining liability, initial damages, and causation for the injuries.
In a TBI case, the attorney will also want to establish the baseline that the accident was causally-related to the injuries suffered by their client. As far as the history of similar injuries, it is important to establish that the injuries suffered are related to the negligence of the at-fault party.
Initial Consultation
At the intial consultation the attorney will want to let the client know how the process works, what to expect as far as timelines, what to expect as far as communication between the parties, and what each role is of the party. Typically, after initial consultation, if the client decides to retain the attorney and the attorney decides to take the case, the attorney may provide the client with additional information, such as a homework assignment. The homework assignment may be about the individual’s background information, contact information, medical provider, and things of that nature.
Assessing Damages
After the initial steps conclude, an attorney will begin assessing the damages. A wide variety of damages may be appropriate, depending on the circumstances of the case. Typically, damages are made in three categories:
- Special damages are damages related to the individual’s appeal that are quantifiable, such as medical wages, medical bills, lost wages, or other known claims.
- General damages may include the typical category of pain and suffering. These non-monetary damages are unique to the individual and vary by case.
- Punitive damages punish the wrongdoer or the irresponsible party for their actions. Punitive damages are only available in certain categories of negligence claims, so it is important to discuss with your attorney about whether or not punitive damages would be available in your case. Punitive damages in Virginia have certain caps, as well.
When assessing these types of damages, the attorney must look at the injuries that were sustained, the likelihood for their recovery, the time period as well as the likelihood of a full and complete recovery regarding the person’s ability to return to their normal lifestyle. An attorney must also determine whether or not future damages such as lost wages, future medical bills, or future pain and suffering will likely be a part of the case. These factors are crucial to establish immediately, and should be one of the first steps taken after contacting a TBI lawyer.
Benefit of An Attorney
A traumatic brain injury can alter an individual’s life forever. One of the most serious categories of personal injury cases, it is crucial that the affected individual and their family get in contact with an experienced TBI lawyer immediately. If you or a loved one has suffered a traumatic brain injury due to the negligence of another, an attorney can help guide you through the best course of action for your particular case. The right lawyer can assist in providing the care, strength, and determination it takes to conquer a TBI case.
