A traumatic brain injury (TBI) is a penetrating or concussive head wound that causes damage to the brain and disrupts its normal function. TBIs can occur in any accident where the head contacts a moving or stationary object, or a violent force, such as an explosion. The personal injury defense attorneys at Linkous Law, PLLC are familiar with the medical and legal issues involved in TBI cases and present a strong defense to promote the resolution of your case.
In most cases, an injured person needs to prove that you or your business was negligent in order to hold you responsible for their injuries. This means you must have had some sort of duty to act with care toward the person making the claim. That person must prove that you breached this duty, and that their injuries were a foreseeable result of that breach. They must demonstrate that the breach actually led to their injuries. Additionally, they must present evidence of their damages, i.e., economic and noneconomic losses due to the injury. Head injury victims often try to recover damages for:
Our Morgantown attorneys dispute each element of the case against you. We work to prove that you did not cause the injury or that you cannot be held responsible, because you or your business did not have proper notice of the danger that caused the injury. With the help of medical experts, we seek to present alternative evidence of the extent of the plaintiff’s injury. We also consult financial experts to refute the claimant’s alleged economic losses, especially projections of lost income over time. A judgment in favor of a traumatic brain injury plaintiff could easily exceed your insurance coverage, threatening your business or personal finances. We make every effort to reach the smallest settlement possible to protect your assets.
Traumatic brain injury plaintiffs seek huge judgments that could easily exceed your insurance coverage and devastate your company or personal finances. If you or your business is facing a claim alleging a brain injury in West Virginia, Virginia or Ohio, call 304-212-2013 or contact us online to schedule your initial consultation and case evaluation at our Morgantown, West Virginia office.