A brain injury in Charleston, West Virginia, can alter your life forever. Many times, these injuries happen because someone else was careless. The people who caused the injury should have to pay for the harm they’ve done.
The Charleston brain injury lawyers at Mani Ellis & Layne, PLLC deeply understand the challenges you face when filing a personal injury claim. With this type of injury, victims might undergo treatment for months or even years, incurring massive expenses.
Since 2007, Mani Ellis & Layne, PLLC, deeply rooted in West Virginia, has dedicated ourselves to advocating for community members suffering from personal injuries. Our commitment is highlighted by our AV Preeminent® ratings from Martindale-Hubbell® and memberships in the Million Dollar Advocates Forum® and Multi-Million Dollar Advocates Forum®, underscoring our success in achieving substantial settlements and verdicts.
If you or someone close to you has suffered a traumatic brain injury, you need a skilled West Virginia personal injury attorney to handle your case. Contact Mani Ellis & Layne, PLLC for a free consultation or call (304) 720-1000 to go over your case.
How Mani Ellis & Layne, PLLC Can Help if You’ve Suffered a Brain Injury in Charleston
The best way to ensure you get the compensation you are entitled to is to retain a skilled brain injury attorney in Charleston, WV. At Mani Ellis & Layne, PLLC, our legal team is committed to defending your rights. We’ll vigorously seek the highest possible compensation, both at the negotiating table and in the courtroom.
Our Charleston personal injury attorneys fight to hold liable parties accountable for the monetary losses, pain, and suffering caused by their negligence. Since our founding, we have recovered hundreds of millions in compensation for our clients. Our West Virginia personal injury lawyers have more than 71 years of combined experience aggressively fighting for clients.
When you hire our top-rated personal injury lawyers in Charleston, WV, you can expect us to:
- Conduct an in-depth investigation to pinpoint the cause of the brain injury.
- Compile evidence to establish fault and responsibility, including collaboration with specialists.
- Manage and submit insurance claims, dealing directly with insurers.
- Assess the case’s value by thoroughly documenting all losses.
- Engage in firm negotiations to secure a settlement reflecting the claim’s full worth.
- Initiate a lawsuit and proceed to court if settlement negotiations don’t result in a satisfactory outcome.
Insurance companies can easily convince you that your claim isn’t worth much. This is how they make money. That’s why it’s critical that you seek expert legal advice before accepting a settlement offer on your personal injury claim.
Contact our law office to schedule a free consultation. Our mission is to help you recover maximum compensation after an accident.
Our Lawyers Handle All Types of Brain Injury Cases in Charleston
Traumatic brain injury (TBI) is a common cause of death and disability in America. In 2022, over seventy thousand people died from brain injuries. In addition, over 221,000 TBI-related hospitalizations were reported in that same year.
The actual number of TBIs is suspected to be far more. That’s because these figures don’t include brain injuries treated by urgent care facilities, family doctors, emergency rooms, and other types of medical providers.
A traumatic brain injury can occur in a couple of different ways. A penetrating or open brain injury occurs when an object breaks through the skull and enters the brain, causing damage at the site of impact.
A closed head injury happens when the head suffers a blunt force hit or when a sharp shake or swift back-and-forth motion makes the brain hit the inside of the skull. This leads to the blood vessels and tissues getting bruised or torn.
Our Charleston Brain Injury attorneys handle cases involving, but not limited to:
- Birth injuries
- Concussions (mild TBI)
- Moderate to severe TBIs
- Diffuse axonal injury (DAI)
- Skull fractures
- Swelling of the brain (edema)
- Bleeding within the brain tissue (intracerebral hemorrhage)
- Subdural hematomas
- Subarachnoid hemorrhage (bleeding in surrounding brain tissues)
- Coup-contrecoup brain injuries
- Oxygen deprivation (hypoxia)
Traumatic brain injuries can range from minor and moderate to severe. Yet, it’s crucial to take every brain injury seriously.
If you sustain a head injury or are in any kind of accident, seek medical attention right away. Quick medical intervention can help prevent a brain injury from turning into a life-threatening situation or causing lasting damage.
Common Causes of Brain Injuries in Charleston, WV
Just about any accident can result in a brain injury. More than 2.5 million people seek medical treatment for brain injuries each year.
The most common causes of TBIs include:
- Assaults and violence
- Bicycle and pedestrian accidents
- Birth injuries
- Boating accidents
- Car accidents
- Construction accidents
- Daycare, school, and playground accidents
- Defective products (product liability claims)
- Fire-arm related suicides
- Medical malpractice
- Motorcycle accidents
- Nursing home abuse
- Slip and fall accidents
- Sports and recreational activities
- Swimming pool accidents
- Truck accidents
- Workplace accidents
Finding out who is responsible for your brain injury is key. To get compensation, you need to show that the other party was negligent, committed an intentional wrong, or engaged in misconduct.
At Mani Ellis & Layne, PLLC, we’ll conduct thorough investigations to pinpoint everyone responsible for your injury. Afterward, we’ll file claims against each identified party to enhance your chances of securing the most favorable result for your brain injury claim.
Short-Term and Long-Term Consequences of a Brain Injury
A brain injury can impact your motor function and cognitive abilities, along with causing psychological and emotional issues. Even with targeted physical and occupational therapy, a brain injury victim may still sustain permanent disabilities.
The possible effects of a brain injury can include:
- Cognitive dysfunctions affecting memory, reasoning, and decision-making abilities
- Complications from seizures
- Emotional disturbances, such as depression, mood fluctuations, challenges with self-control, anxiety, and difficulties in managing social and personal interactions
- Communication problems or speech impediments
- Damage to nerves
- Sensory deficits that may include loss of vision, auditory issues, and changes in smell, touch, or taste
- Blood clots
- Risks are heightened for certain progressive neurological conditions, including Alzheimer’s and Parkinson’s diseases
- Inflammatory conditions within the brain leading to infections
- Stroke
- Coma
The approach to treating a brain injury varies with its nature and severity. Common treatments for brain injuries may include:
- Rest
- Surgery
- Medication
- Counseling
- Rehabilitation therapies
Each treatment is tailored to meet the individual needs of the patient and address the specific challenges posed by their injury.
What Damages Can I Receive in a Charleston Brain Injury Claim?
The costs associated with a brain injury case can be incredibly high, including expensive medical treatment and therapy. However, most victims of brain injuries are eligible to receive compensation for both their economic losses and non-economic damages.
The damages available to you could include:
- Pain and suffering
- Emotional distress
- Mental anguish
- Decreased quality of life
- Loss of enjoyment of life
- Medical expenses
- Long-term care
- The cost of personal care
- Home nursing care
- Occupational and physical therapy
- Disabilities and impairments
- Reduced income or earning capacity
- Out-of-pocket expenses
Your case’s value is determined by the severity of your injuries and the impacts your brain injury has on your daily activities. Our Charleston Brain Injury lawyers consult with financial and medical experts to identify the value of your damages.
How Long Do I Have To File a Lawsuit After Sustaining a Brain Injury in Charleston, WV?
The statute of limitations for the majority of personal injury cases in West Virginia is two years from the date of injury. However, there are exceptions.
For example, the discovery rule modifies the start of the statute of limitations period for filing a lawsuit until the plaintiff becomes aware, or with reasonable diligence should become aware, of three critical elements. These are: the fact that they have been injured, the identity of the party responsible for this injury who failed to act with due care, and the connection between that party’s conduct and the injury.
The legal deadline to file a brain injury lawsuit could be longer or shorter than the general rule. That’s why it’s important to seek legal advice after an injury or accident as soon as possible.
Can I Receive Compensation for a Traumatic Brain Injury if I’m Partially To Blame?
In West Virginia, the law allows for what’s called “modified comparative negligence.” This simply means if you are found to be more than 50% responsible for your injury, you won’t be able to get compensation.
However, if you are found to be less than 51% at fault, you can still receive money, but the amount you receive will be decreased by the percentage of fault that is yours.
Insurance companies are infamous for using this law to their advantage, going to great lengths to search for evidence they can use to turn the blame on you.
For this reason and more, it’s wise to talk with one of our Charleston Brain Injury attorneys prior to talking with an insurance adjuster or any other party about your claim. Our personal injury team will fight unfair contributory fault claims.
How Much Does It Cost To Hire a Brain Injury Lawyer in Charleston, WV?
At Mani Ellis & Layne, PLLC, take brain injury cases on a contingency fee basis. This means instead of paying our lawyers upfront for your legal representation, you pay a percentage of the amount we recover on your claim as our attorneys’ fees.
Essentially, we get paid only if you get paid. If we don’t obtain compensation for you, you owe us nothing in attorney’s fees.
Schedule a Free Consultation With Our Charleston Brain Injury Lawyers
Brain injuries can be overwhelming for victims and their families. Our personal injury lawyers will take care of all aspects of your personal injury case so you can be focused on your recovery.
Reach out to our office to schedule a free case review with a Charleston Brain Injury attorney. We’re here to help you rebuild your life after a traumatic brain injury.
