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Legal claim may depend on source of Virginian's brain injury

A brain injury, regardless of the severity, will undoubtedly be a traumatic event for a Virginia family. An injured victim will likely require medical care and miss time from work, which can be costly. Fortunately, such victims may be able to obtain legal damages to help pay for the costs associated with a brain injury.

In order to obtain damages following a brain injury, a victim, or his or her family, will likely need to bring a legal claim. The type of legal claim that is appropriate will depend on the cause of a Virginian's brain injury. For example, a medical malpractice action may be the appropriate avenue to seek damages for brain trauma that occurred as a result of a birth injury or due to a toxin-related illness. Such a legal case will focus on how a medical provider failed to provide a patient with the appropriate standard of care and subsequently contributed to his or her brain damage. Alternatively, a personal injury legal action may be appropriate for a brain injury that occurred as a result of a motor vehicle accident or due to another's intentional acts of harm or negligence, such as an injury that occurred from a physical fight.

Regardless of whether an individual pursues a medical malpractice action or a personal injury action, it is imperative that he or she complies with Virginia's statute of limitations requirements. Following an injury, a victim has a limited amount of time in which to file a lawsuit. Generally, a legal action for either personal injury or medical malpractice must be brought within two years from the date that the injury occurred. The time limit for filing a medical malpractice action may be extended in certain cases, however, such as if fraud or intentional misrepresentation prevented someone from discovering the injury in the two year time period.

If a Virginia resident or his or her loved one has suffered a brain injury, he or she may be able to obtain legal compensation. An experienced Virginia attorney may be able to offer more specific guidance regarding available options and statute of limitations requirements.

Source: FindLaw, "Brain Injury Lawsuit FAQs," accessed Oct. 16, 2016

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