Charleston Brain Injury Lawyer

Skillfully assisting West Virginia residents with head injury claims

Head injuries can range from minor bumps or bruises to traumatic brain injuries that have lifelong impacts. Common head injuries include concussions and skull fractures. They may be closed, in which the skull is not broken, or open, in which an item usually penetrates the skull and enters the brain. Brain injuries may not be readily apparent and are often difficult to diagnose. However, head injuries are among the most common causes of disability and death in adults, and as such, it is critical to receive competent medical treatment immediately. If you sustained a head injury, the skilled brain injury lawyers at Calwell Luce diTrapano PLLC in Charleston can explain your legal rights and explore your options for recovery.

Common causes and types of head and brain injuries

Head and brain injuries typically occur because of an impact, such as a blow to the head, or other physical trauma, such as shaking or tumbling. Many head and brain injuries stem from motor vehicle accidents, sports-related impacts, falls, and physical assaults.

Some of the most common head and brain injuries are:

  • Hematoma — When a clotting of blood occurs outside blood vessels in the brain, pressure can build up inside the skull and may lead to permanent brain damage.
  • Hemorrhage — A head injury can lead to uncontrolled bleeding, known as a hemorrhage. Side effects of hemorrhages often include headaches and vomiting.
  • Concussion — One of the most common types of head injuries is a concussion. This is caused by impact to the head that causes the brain to hit the inside of the skull. Repeated concussions can cause permanent brain damage.
  • Diffuse axonal injury — This type of injury damages the brain cells, making them unable to function. It can lead to swelling of the brain, which can cause additional damage, permanent brain damage, or even death.
  • Edema — Edema is swelling, which is very serious when it occurs in the brain. Pressure building up in the brain can cause your brain to press against the skull.
  • Fracture — In some situations, the impact is so severe that it causes bones in your skull to break.

Our lawyers are skilled at careful analysis of causation and severity for each of these injuries, with a view toward building a strong claim for full and fair recovery.

Statute of limitations for brain injuries in West Virginia

You have a limited amount of time to file a brain injury claim, so it is important that you act promptly. Under West Virginia law, you have two years from the date of the injury to file a lawsuit. If your child suffered a brain injury due to medical negligence and your child was under the age of ten (10) at the time of such injury, then the action must be commenced within two years of the date of the injury, or prior to your child’s twelfth birthday, whichever provides the longer period. If the minor was not injured due to medical negligence, the statute of limitations for personal injury claims causing a brain injury does not go into effect until the minor’s eighteenth birthday. Contacting Calwell Luce diTrapano PLLC promptly will ensure that you are not time-barred and that you will have sufficient time to prepare your case.

Why you need an experienced brain injury lawyer for filing a lawsuit

Brain and head injury claims are often complex cases that involve complicated medical information and evidence. At Calwell Luce diTrapano PLLC, lawyers experienced with head and brain injury cases will launch an investigation into the factors that contributed to your brain and head injury in order to identify potential defendants and to determine if you have a viable claim. We gather all available evidence, including medical records, photos of an accident scene, and witness statements to support your claim. Wherever possible, we will aggressively litigate your claim in court to compensate you for medical expenses, lost wages, and pain and suffering.

Consult our Charleston head and brain injury attorneys to pursue compensation for your claim

For more information from experienced head and brain injury attorneys, call Calwell Luce diTrapano PLLC at 800-876-5529 or contact us online to schedule an appointment.