Can You Sue for a Traumatic Brain Injury?

A traumatic brain injury can change your life in an instant. You may be heading to work, running errands, or caring for someone close to you when a sudden impact leaves you confused, in pain, and unsure of what comes next.

At Marcari, Russotto, Spencer & Balaban, we have helped individuals throughout Virginia, North Carolina, and South Carolina navigate the challenges that follow serious head injuries. If your traumatic brain injury occurred in a car accident, a fall, or another preventable incident, we can review your options and support your path toward recovery.

What Is a Traumatic Brain Injury?

A traumatic brain injury occurs when a forceful blow or jolt to the head disrupts normal brain function. These injuries range from mild concussions to severe trauma that affects memory, movement, emotions, and thinking.

Traumatic brain injuries can happen in motor vehicle crashes, workplace incidents, sports activities, or even while completing tasks at home. Symptoms may include headaches, dizziness, mood changes, or difficulty concentrating, depending on the severity of the injury.

Early recognition and prompt medical care play an important role in recovery. After medical treatment, our firm can help you evaluate your legal options and pursue compensation for medical expenses, rehabilitation, and related losses.

Understanding TBI Severity Levels

Physicians commonly rely on the Glasgow Coma Scale and the American Congress of Rehabilitation Medicine criteria to evaluate traumatic brain injuries.

• Mild (mTBI): A Glasgow Coma Scale score of 13 to 15, with a possible brief loss of consciousness lasting fewer than 30 minutes, confusion, or short-term memory issues.
• Moderate TBI: A score of 9 to 12, often involving longer periods of unconsciousness or amnesia and noticeable cognitive changes.
• Severe TBI: A score of 8 or lower, which may involve a prolonged loss of consciousness and significant neurological impairment.

Even mild traumatic brain injuries may lead to lasting challenges with concentration, sleep, or mood. Thorough medical evaluation and documentation help create a clear picture of how the injury affects daily life.

How Does a Brain Injury Happen?

Brain injuries can happen in many situations, often when you least expect them. Common causes include:

• Motor vehicle collisions involving cars, trucks, or motorcycles
• Falls in public or private places
• Sports incidents connected with unsafe conditions or lack of supervision
• Workplace accidents
• Acts of violence

Every situation is unique, but many traumatic brain injuries occur because someone failed to act safely. Our firm helps clients pursue accountability so they can focus on their health and recovery.

What Are the Most Common Types of Brain Injury?

Traumatic brain injuries can affect people in different ways, and understanding the type of injury you suffered can help you explain your experience and pursue compensation for the harm it caused. Common types include:

• Concussion: A frequent type of brain injury that may not show visible signs but can still disrupt daily life.
• Contusion: A bruise on the brain that can occur after a direct impact and lead to ongoing symptoms.
• Diffuse axonal injury: Damage caused by sudden movement that forces the brain to shift inside the skull, often resulting in widespread effects.
• Coup-contrecoup injury: Injuries that occur at the point of impact and on the opposite side of the brain, which may cause broad and lasting challenges.
• Penetrating injury: An injury that happens when an object enters the skull, often leading to significant trauma.

Any of these injuries may impact your ability to work, care for yourself, or live comfortably. When another person’s actions led to the harm, pursuing compensation can help you access the medical care and financial support you need moving forward.

What Are the Symptoms of a Brain Injury?

Symptoms of a traumatic brain injury can appear right away or develop over time. Many people notice changes such as:

• Headaches, dizziness, or blurred vision
• Confusion, fatigue, or memory issues
• Mood changes, irritability, or anxiety
• Trouble sleeping or focusing
• Coordination or balance problems

If you notice these signs in yourself or someone you care about, seeking medical attention quickly is important. Clear medical records not only support your health but can also play a meaningful role if you decide to pursue compensation for the impact of the injury.

Can You Pursue Compensation for a Traumatic Brain Injury?

If your traumatic brain injury happened because someone acted carelessly, you may have the right to pursue a personal injury claim. Many clients come to us after injuries caused by:

• Motor vehicle collisions
• Falls on unsafe property
• Workplace accidents, which may involve workers’ compensation or a personal injury claim against a third party
• Sports incidents linked to unsafe conditions or poor supervision
• Medical errors that lead to head trauma

A claim can help you seek compensation for medical treatment, rehabilitation, lost income, and the emotional and physical toll the injury has taken on your life. Insurance companies often try to limit what they pay, which can be overwhelming when you are already trying to heal.

Marcari, Russotto, Spencer & Balaban can guide you through the process, explain your options, and advocate for the financial support you need as you move forward.

What Happens During a Traumatic Brain Injury Claim?

People often want to know what the process looks like when pursuing compensation for a traumatic brain injury. While every case is different, many claims move through similar steps:

• Initial conversation: You share what happened, how the injury has affected your life, and what support you may need moving forward.
• Gathering information: Your legal team collects medical records, accident details, and other documentation that helps show the impact of the injury.
• Filing the claim: Once the foundation of the case is clear, the claim is formally submitted.
• Information exchange: Both sides review records and other materials connected to the injury.
• Negotiation: Many cases resolve through conversations aimed at reaching a fair settlement.

Throughout this process, Marcari, Russotto, Spencer & Balaban stays attentive to your needs, communicates openly, and guides you through each step so you always understand where things stand.

Should I Accept a Traumatic Brain Injury Settlement?

After a traumatic brain injury, a settlement offer may arrive before you fully understand how the injury will affect your health or daily life. Accepting too early can leave you without the support you need for future care, missed work, or ongoing challenges.

Our personal injury lawyers can review any offer with you, explain what it covers, and help you understand whether the settlement value meets your long-term needs. Our guidance is focused on protecting your well-being and helping you move forward with confidence.

Who Can File a Claim After a Traumatic Brain Injury?

When someone suffers a traumatic brain injury, they are usually the one who files the claim. If the person is unable to act because of the severity of the injury, a guardian or family member may step in to help. In tragic situations where a brain injury leads to a loss of life, the representative of the estate can bring a wrongful death claim for the surviving family.

These situations are emotionally overwhelming, and families often need guidance during these difficult moments. Marcari, Russotto, Spencer & Balaban supports families through the legal steps so they can focus on healing and honoring their loved one.

If I Am Partially at Fault, Can I Still Recover Compensation?

This depends on where the injury occurred.

• In Virginia and North Carolina, contributory negligence rules apply. This means that if you are found to have contributed to the accident in any way, you may not be able to recover compensation.
• In South Carolina, you may still pursue compensation as long as you are 50% or less at fault.

If fault is disputed or unclear, Marcari, Russotto, Spencer & Balaban can help you understand how these laws apply to your situation.

Deadlines for Filing a TBI Compensation Claim

Every state sets a deadline for filing a personal injury claim, and missing that deadline can affect your ability to pursue compensation.

• Virginia: Most personal injury claims must be filed within two years of the injury.
• North Carolina: You generally have three years from the date of the personal injury accident to take legal action.
• South Carolina: Most personal injury claims must also be filed within three years.

These rules can feel confusing when you are already dealing with medical appointments and daily challenges. Marcari, Russotto, Spencer & Balaban can help you understand the timeline that applies to your situation and guide you through the next steps.

When Filing a Lawsuit May Become Necessary After a TBI

Sometimes an insurance claim is not enough to cover the full impact of a traumatic brain injury. You may need to file a lawsuit when:

• The insurer refuses to acknowledge the severity of your injury
• Long-term medical needs or therapy are not included in the offer
• Lost income or reduced earning ability is not fully addressed
• Fault is disputed and communication has stalled

When these challenges arise, it can feel discouraging, especially while you are trying to heal. Marcari, Russotto, Spencer & Balaban can help you understand the next steps and pursue the financial support you need to move forward.

How to Show the Impact of a Traumatic Brain Injury

To pursue compensation for a traumatic brain injury, you need to show how the accident happened and how the injury has affected your life. Helpful forms of documentation may include:

• Medical records that describe the injury and your treatment
• Accident reports or witness information
• Evaluations that show changes in thinking, mood, or behavior
• Employment or wage records that reflect lost income
• Notes or statements that describe your daily challenges

This information helps build a clear picture of what you are facing. Marcari, Russotto, Spencer & Balaban can help organize these materials and present your experience in a way that supports your claim.

Showing the Impact of a TBI Without Visible Imaging Results

Many people are surprised to learn that traumatic brain injuries do not always show up on CT or MRI scans. This is common in mild TBI cases, yet the symptoms can still be life-changing. Confusion, headaches, memory problems, mood changes, and difficulty concentrating may continue even when imaging looks normal.

Because of this, other forms of documentation become important when pursuing compensation. Helpful materials may include:

• Medical records describing your symptoms, diagnosis, and treatment
• Accident reports or witness descriptions
• Notes, messages, or photos that reflect how the injury affected you after the incident
• Evaluations that show changes in thinking or behavior
• Employment records showing missed work or reduced earning ability

These details help show the full impact of the injury, even when scans do not tell the whole story.

Factors That Affect Compensation in a TBI Case

Several factors can influence the compensation available in a traumatic brain injury claim. Every person’s situation is different, but common considerations include:

• Severity of the injury: More serious symptoms or long-lasting effects often lead to greater medical needs and broader life disruptions.
• Length of recovery: Ongoing treatment, therapy, or continued symptoms can increase the financial and personal impact of a TBI.
• Medical expenses: Hospital visits, follow-up appointments, therapy, and other treatment expenses play a large role.
• Impact on work: Time away from your job or a reduced ability to work in the future can affect the overall value of a claim.
• Daily challenges: Changes in mood, memory, energy, or independence can contribute to the non-economic harm caused by a TBI.
• Insurance coverage: The available insurance limits may also influence the outcome of your case.

Marcari, Russotto, Spencer & Balaban helps clients identify these factors and understand how each one affects their claim. Our team communicates openly and guides you through the process so you have the information you need at every stage.

How Can a Lawyer Help with a Traumatic Brain Injury Lawsuit?

Having legal support can make a meaningful difference when you are dealing with the effects of a traumatic brain injury. A lawyer can help by:

• Understanding how the injury happened and identifying who may be responsible
• Collecting the records and documentation needed to support your claim
• Communicating with the insurance company on your behalf
• Guiding you through the steps involved in seeking compensation

Why Work with Marcari, Russotto, Spencer & Balaban

Marcari, Russotto, Spencer & Balaban has supported individuals and families across Virginia, North Carolina, and South Carolina for many years. Our team understands how overwhelming a traumatic brain injury can be, and we work to guide clients through each step of the claims process with care and clarity.

We draw on decades of combined legal knowledge to help clients pursue compensation for the wide-ranging effects of a traumatic brain injury. Our law firm is focused on communication, accessibility, and providing steady support so you never feel alone while navigating your claim.

No Upfront Costs with Our Contingency Fee Structure

Many people feel uncertain about the cost of hiring an attorney after a traumatic brain injury, especially when medical bills and time away from work are creating added pressure. Marcari, Russotto, Spencer & Balaban represents personal injury clients on a contingency fee basis, which means there are no upfront costs for our legal services. You only pay attorney fees if compensation is recovered on your behalf, and you may be responsible for certain case costs or expenses. This arrangement allows you to focus on your recovery while our team guides you through each step of the process.

Testimonials

“I had a wonderful experience with this law firm. They were excellent at communication at keeping me in the loop with everything about my personal injury case. I’d highly suggest anyone needing a lawyer due to a car accident to come to this firm.” — Landon Z.

“Atty Spencer and Halea have been a pleasure to work with. They were so helpful navigating this complicated process and were very communicative throughout.” — Laura M.

“After my accident I was paired with attorney Savannah Parker and paralegal Ashley. They were an incredible team and fought hard for me. Not knowing what to expect, every question was answered and I was informed with every update. It was an amazing experience that I am extremely grateful for. Absolutely recommended!” — Daniel R.

Frequently Asked Questions

What’s the Difference Between a Traumatic Brain Injury and a Concussion?

A concussion is a mild form of traumatic brain injury. Even though symptoms may seem subtle at first, a concussion can still affect your memory, mood, concentration, and comfort. Many people continue to experience headaches, fatigue, or cognitive changes long after the initial impact. If a concussion was caused by someone’s carelessness, you may have the right to pursue compensation for the effects on your health and daily life.

What Should I Do After a Possible Traumatic Brain Injury?

If you suspect a traumatic brain injury, seek medical attention right away. Symptoms may appear slowly, and early treatment is important for your safety. Try to document what you remember about the incident and keep track of any new symptoms. If someone else caused the injury, speaking with an attorney can help you understand your options for pursuing compensation.

Will Insurance Cover My Traumatic Brain Injury?

Insurance coverage varies, and it is common for adjusters to question the seriousness of a brain injury, especially if imaging scans look normal. Medical records, symptom documentation, and consistent treatment often play a key role in how a claim is handled. Marcari, Russotto, Spencer & Balaban can review your insurance policies, explain what may be covered, and communicate with the insurance company on your behalf.

What if My Brain Injury Makes It Difficult to Work?

A traumatic brain injury can make it difficult to return to your job, either temporarily or for a longer period. You may experience challenges with memory, focus, fatigue, or physical coordination. If the injury affects your ability to work, you may seek compensation for lost wages and reduced earning ability. Our team can help you document how the injury has changed your work life and pursue financial support for those losses.

Schedule Your Free Traumatic Brain Injury Case Evaluation with a TBI Lawyer

If you or someone you love is living with the effects of a traumatic brain injury, you do not have to navigate this alone. The team at Marcari, Russotto, Spencer & Balaban can listen to your story, explain your options, and support you as you pursue the compensation you need for your recovery.

Call 855-435-7247 or reach out through our online contact form to schedule a free consultation with one of our personal injury attorneys.