Common Causes for Brain & Spinal Cord Injuries
Most people who suffer a traumatic brain or spinal cord injury are the victims of a serious accident, often at the hands of a negligent third party. When someone else's negligent or reckless actions lead to a serious accident that causes you or someone you love to suffer a traumatic brain or spinal cord injury, you have the right to pursue full compensation to cover medical expenses, lost wages, and any additional pain and suffering. Some of the most common accidents that lead to traumatic brain and spinal cord injuries include:
More often than not, these accidents are caused by negligent or reckless behavior that leads to serious injuries. Luckily, there are laws in place that allow victims to hold these negligent parties accountable. With the help of an experienced personal injury attorney, you can file a claim that can help you recover compensation for any injuries you've sustained, medical treatments required, lost wages, and more.
Your Rights According to Virginia State Law
The unfortunate reality for many victims of traumatic brain and spinal cord injuries is that the road to recovery is often long and extremely difficult. Many victims require multiple surgeries, physical therapy, or even in-home care or assistance if they are left with permanent disabilities or paralysis. However, with the help of an experienced brain and spinal cord injury attorney, you can file a personal injury claim against the responsible party's insurance company. Motorists, business owners, and private property owners all have insurance policies in place to protect against such losses. If this step doesn't yield the compensation you need or deserve, you have the option of filing a civil lawsuit against the responsible party in court.
Statute of Limitations
Most states have a period of time during which you are allowed to file a civil lawsuit against another party for compensation following an accident. This period of time — often referred to as the statute of limitations — is two years from the date of the accident. This means that if you were injured on January 1st of 2021, you have until January 1st of 2023 to file a personal injury lawsuit in civil court — regardless of when your injuries were discovered or treated by a medical professional.
Contributory Negligence Rule
The state of Virginia employs what is known as a "contributory negligence" rule. This rule dictates that if the court finds you to have any level of fault in causing the accident, you will not be eligible to receive any compensation. For example, if you were in a car accident and suffered a traumatic brain injury, but the court finds that you were 5% at fault for the accident because you were speeding at the time, you will not be eligible to collect any compensation for your injuries. While this rule can make it more difficult to pursue damages, it does not mean that you cannot pursue a claim. With a skilled and experienced legal team on your side, you can fight to have your case heard as you attempt to prove you were not liable for the accident that caused your injuries.
Work with Experienced Attorneys You Can Trust
At the end of the day, dealing with the challenges of recovering from a traumatic brain or spinal cord injury is hard enough without also attempting to navigate the process of filing a personal injury claim. Luckily, you don't have to face this entire process on your own. With an experienced personal injury attorney working in your corner, you can have peace of mind knowing that you have someone working to protect your rights and advocate for your needs throughout every phase of the legal process.
At Blaszkow Legal, PLLC, our team of seasoned personal injury attorneys is proud to work with injured victims and their families to fight back against the insurance companies so that they can get the compensation they need and deserve. We will do everything we can to help you pursue financial compensation that can cover all of your medical costs, lost wages, and any additional pain and suffering you've been forced to endure. Don't wait. Call or reach out to our firm today to schedule a free case consultation.