Virginia Traumatic Brain Injury Lawyer

Even a so-called “mild” traumatic brain injury can be life-altering. If you’ve suffered a concussion in an auto accident and you’re looking for an experienced traumatic brain injury attorney, contact BenGlassLaw today. We have the experience to understand your journey, along with a best-in-class team to support you throughout the entire settlement process.

Proving an invisible injury to a skeptical insurance company

Your brain is what makes you YOU. That’s what makes traumatic brain injuries so devastating for injury victims and their loved ones. While some people make full recoveries, others must deal with physical, cognitive, and emotional challenges for months, years, or even the rest of their lives.

Yet when people suffering from brain trauma turn to the auto or disability insurance company for help, they’re often met with skepticism and denials. Most brain injuries won’t show up on an MRI or CT scan. They may not have physical symptoms that would be obvious to a jury. They are “invisible injuries,” capable of completely upending your life—and yet being imperceptible to anyone who didn’t know you before the accident.

Proving that you have a traumatic brain injury, showing how severely it has impacted your life, and convincing the insurance company to actually compensate you fairly is not a simple process. You may need advanced testing. You may need to gather witness testimony from friends, family, co-workers, and others who can speak honestly about the person you are and the life you live—both before the injury, and after. And your legal team needs to know enough about the science of head injuries to refute the insurance company’s claims.

BenGlassLaw can help.

Why work with our brain injury lawyers?

We have three goals for every traumatic brain injury case. We will help you:

Find the Money

Multiple insurance policies could apply to your situation. We’ll find them and extract as much money from them as possible.

Keep the Money

After your case settles, we negotiate unpaid medical costs, liens, and other debts so you can keep as much money for yourself as possible.

Focus on Recovery 

Brain injuries are life changing. We’ll handle the stress and aggravation of dealing with the insurance company—so you can focus on what really matters.

At BenGlassLaw, we believe in adding value to people’s lives. We’ll never take a case if we don’t think we can get you a better outcome than you could get on your own. We’ll never pressure you into hiring us if it’s not right for you. And we’re always happy to provide advice, recommendations, and information that can help you plan out your next steps, whether you hire us or not.

Client testimonial

After fighting with the insurance company and receiving the denials, we were blessed to be referred to Ben Glass Law firm to help with the long term disability (LTD) insurance denial appeal. I would have never thought of looking out of state for an attorney, but so happy we found them. The entire team is very knowledgeable, professional, and excellent communicators. The communication about the claims and the processes were handled promptly and professionally via telephone and e-mail. They were able to win the appeals process and get the LTD insurance that was owed. They kept in contact with us even step of the process. If we had a question or a problem, they addressed it promptly. TOP NOTCH TEAM!!!

Samantha Oshel

Everyone I have spoken to has been a huge help for me. The staff is kind and professional. If I had a question, I would send an email that was responded to the same day! Mary was great and my main contact. She is very detailed and always helpful to answer my many questions. It is rare to find people that care about my problems. I would recommend Mary and Ben to anyone that needs their services!

C. A Guess Guess

Unfortunately i accidentally looked up the wrong law firm. Fortunately, I was met with a caring, kind, informative staff at Ben Glass Law. They were to helpful and referred me to a lawyer that might be able to answer the questions I have. I am so fortunate to have stumbled across Ben glass law. Not every law firm would be so considerate, informative, and helpful.

Thank you so much for your help Ben Glass Law Firm! It was a pleasure!

William Sarkis

My experience with Ben Glass Law was excellent, especially with Jennifer. She was so helpful and made me feel at ease during our conversation. We need more people like Jennifer and Ben Glass Law.

Princess Crump

I recently found myself in need of a lawyer to help me handle some issues with a long term disability insurance provider. Ben Glass Law has been the best resource I could have ever asked for. Jennifer worked with me to ensure that I got all of the information together and Olivia has kept me informed and helped me understand when I had questions regarding how the process worked. Ben made the time to fully understand all of the information and is working to ensure I have the best possible information as I work through all of my issues. The communication of this team is amazing. I have never met a more professional team.

James Morris

I would like to once again thank Tammy Hineline and Lisa Derco for their patience and expertise when working on an auto injury case for me. They both went above and beyond when even after my case was closed, I called to get some guidance on how to handle an invoice that came in after the fact. They were great and worked with the doctor’s office to get this resolved quickly. They never once complained or said they wouldn’t help me. Ben Glass Law will always be my first call if I need any legal assistance in the future.

Thanks, Tammy and Lisa!

Joanne Stevenson

Joanne Stevenson

Available 24/7

Let us help you tell your story

Brain injury case results

Since 1995, BenGlassLaw has been helping brain injury survivors make great decisions and get great results. Here are just a few past cases:

$450,000

Auto Accidents, Brain Injuries

Fairfax jury award for attorney who suffered a traumatic brain injury after a car accident.

$299,000

Auto Accidents, Brain Injuries

Settlement: We represented a 16-year-old sophomore who sustained two comminuted femur fractures as a passenger in a single-car crash.

$230,000

Auto Accidents, Brain Injuries

Law firm obtains brain injury settlement for client only after having to file suit against State Farm insured in a clear liability case.

$115,000

Auto Accidents, Brain Injuries

Charlottesville, VA car accident verdict

Frequently asked questions

Personal injury claims involving head trauma and brain injuries are almost never simple, and no two people experience the same symptoms (or same lifestyle impact) from a brain injury. If you’re currently dealing with concussion-like symptoms, there’s no substitute for speaking directly with a brain injury attorney, who can provide personalized advice. But if you’re still not sure if you have a case—or just looking for some basic info about your options—feel free to review the FAQs below. 

What are the symptoms of traumatic brain injury after a car accident?

If at any time after a car accident, you experience any of these symptoms, immediately contact your doctor or call 911. This list is not intended to diagnose illness, but to inform you of the common medical complaints from brain injuries.

  • Loss of consciousness
  • Dizziness
  • Headache/migraines
  • Cognitive decline
  • Memory loss
  • Nausea
  • Sleep disturbances
  • Sensitivity to lights/sound
  • Increase of floaters or flashes in vision
  • Changes in behavior or activity level

This is not a complete list of symptoms. There are many more symptoms of brain injuries that may not be well-documented or easily diagnosed.

One important point to understand: symptoms of traumatic brain injuries are not always present or obvious immediately after an accident. Certain symptoms might not develop until days or weeks later. Or, you might not even realize you’ve developed cognitive deficits until you try to go back to work and suddenly can’t do the things you’ve always done.

Carefully monitor your symptoms over the following weeks and months. Don’t settle your personal injury claim until you’ve seen a traumatic brain injury specialist and have either completely recovered or reached maximum medical improvement.

What steps should I take if I suffered a head injury after a car accident?

Here are six important steps to follow: 

Seek Medical Treatment Immediately 

Your health and wellbeing should come first. If you are experiencing symptoms of a brain injury, contact your doctor or call 911. Timely treatment of your injuries is important to your health and important for your car accident claim. 

Report Your Accident and Injuries to Your Insurance Companies 

If you are not at fault for an accident, your car and health insurance policies are supposed to cover you within your policy limits. In simple car accident claims, your insurance company will seek compensation from the at-fault driver’s insurance policy (if they have one). 

Plan to Manage Your Medical Bills While You Wait for a Settlement 

In complex accident cases, particularly traumatic brain injury cases, the victim’s medical bills arrive before they’re finished negotiating with the insurance company. If health insurance doesn’t fully cover the costs, then you may have to pay out of pocket while waiting for your settlement check. Many smart drivers purchase additional coverage under their own auto policy that can pay for medical bills immediately after an accident or in case the at-fault driver doesn’t have enough insurance. This might include personal injury protection (PIP), medical payments coverage (Med-Pay), uninsured motorist coverage (UM), and underinsured motorist coverage (UIM). 

Consult with an Attorney Before You Give Recorded Statements to the Other Insurance Company 

A recorded statement is a summary of the accident, your injuries, and your general condition after an accident. In property-damage-only cases, a recorded statement is a simple statement recalling the details of your accident. However, when an accident involves injuries, a simple statement like “I felt okay after the accident” can be used against you later in your case. 

Carefully Collect All Your Medical Records While You Treat 

Early in the process, the insurance company will request access to your medical records to evaluate your claim. In most situations, you SHOULD NOT allow the insurance company unrestricted access to your most sensitive data. If you have reported symptoms like migraines before your car accident, the insurance company may claim your brain injury was pre-existing. Consult with a personal injury attorney before you grant anyone access to your medical records. 

Keep a Diary to Document Your Brain Injury Symptoms Over Time 

Many traumatic brain injury symptoms get worse over time. Periodic headaches could transition to migraines, or cognition could decline to the point where it affects a victim’s employment. A simple diary of symptoms (coupled with medical records from your doctor) can help your attorney negotiate with the insurance company. 

How can a traumatic brain injury attorney help?

The effects of a brain injury can be subtle. An experienced attorney can help you prove what you’ve lost, and persuasively explain why you deserve significant compensation. 

Here are just a few concrete examples of what your attorney can do on your behalf: 

  • Prove liability in the underlying accident case. (In other words, prove to the insurance company that the car accident, slip and fall, etc. that caused your head injury was someone else’s fault, and that person is responsible for paying for your damages.) 
  • Making sure you get examined and treated by the right specialists. 
  • Making sure you stay on top of your treatment protocols and gather the medical evidence you need. 
  • Making sure you don’t fall for the insurance company’s traps, like giving a recorded statement or settling your claim before you know whether your brain injury symptoms are permanent. 
  • Interview friends, family members, colleagues, and other people close to you who can explain to a jury just how seriously your brain injury has impacted your life, and how much your quality of life has diminished. 
  • Identify all sources of money (insurance policies, personal assets, etc.) from all liable parties that apply to your TBI case. 
  • Calculate and argue for a truly fair settlement from the responsible parties. 
  • Negotiate with medical providers after the case is over to reduce your bills, get rid of liens, and put as much money back into your pocket as possible. 

Do mild traumatic brain injuries get better over time?

The unsatisfying answer to this question is that it depends. Traumatic brain injuries affect each person differently. 

Most brain injury victims who have a mild TBI do fully recover from their symptoms after a period of a few months. However, a significant percentage of TBI victims have symptoms that persist for months, years, or even the rest of their lives. If concussion-like symptoms persist, you may be diagnosed with post-concussion syndrome. 

The “severity” of your initial TBI doesn’t necessarily determine whether you’ll develop post-concussion syndrome. Some people who lost consciousness for a few hours make complete recoveries. Some people who never lost consciousness develop permanent impairments. 

It’s critically important that you seek medical attention, follow up with treatment protocols, and document all your symptoms. The more detailed your record-keeping is, the better your chances of proving your case to a skeptical insurance company. 

The ER didn’t diagnose a brain injury. Could I still have one?

Yes. In fact, a huge percentage of mild traumatic brain injuries go undiagnosed initially, particularly if you didn’t lose consciousness after the crash. 

For the most part, ER doctors aren’t especially concerned about diagnosing brain injuries. They are trained to deal with more urgent problems like broken bones and severe pain, and get your condition to “stable.” (That doesn’t mean brain injuries are less important than broken bones, of course. The long-term consequences of a mild TBI can still be devastating.) 

In the days and weeks following your head injury, pay close attention for any of the signs and symptoms listed above.  

Even better, have someone close to you observe you carefully for at least a few weeks. They should look for signs like mood swings, changes in your personality, forgetfulness, etc. Depending on the nature of your brain injury, you might not be able to tell how much you’ve been affected—but a loved one probably can. 

Can I still have a brain injury even if I didn’t hit my head?

Yes. 

Your brain sits inside your skull, but it’s not held firmly in place. Instead, it’s surrounded by fluid, which provides shock absorption and protection. 

When your head is violently jolted, your brain can slam into the inside of the skull—that’s the root cause of the TBI. Actually hitting your head is not required here.  

For example, people who are in violent rear-end collisions often suffer whiplash, an injury that occurs when the head and neck whip violently back and forth. Many whiplash sufferers are later diagnosed with a TBI, even if their head never hit the dash.