Hurt in a Car Crash and Dealing with a Brain Injury? You Don't Have to Sort It Out Alone

What a Traumatic Brain Injury From a Car Crash Involves

A traumatic brain injury (TBI) is harm to the brain caused by a blow, jolt or penetrating force to the head. Car crashes are one common cause. The Administration for Community Living states that automobile accidents can cause traumatic brain injuries.

TBI covers a wide range. A mild concussion may cause short-term symptoms. A severe injury can cause lasting changes in thinking, movement, mood or independence.

In a crash, the head can hit the steering wheel, dashboard, window or pillar. An airbag can deploy with force. A person can also be thrown, and the brain can move inside the skull. Many brain injuries happen without any visible wound on the head.

This page is for adults hurt in car or commercial truck crashes in Martinsburg and the Eastern Panhandle. It is also for families caring for someone with a brain injury after a crash.

Warning Signs to Report After a Crash

Report every new symptom to a doctor, even small ones. Some brain injury signs are easy to miss.

Physical signs include:

• Headaches that persist or get worse
• Dizziness or balance problems
• Nausea or vomiting
• Blurred or double vision
• Sensitivity to light or noise

Thinking and mood signs include:

• Confusion or feeling foggy
• Memory gaps
• Trouble focusing or finishing tasks
• Slowed thinking or trouble finding words
• Irritability, anxiety or mood swings
• Changes in sleep

Symptoms can start hours or days after a crash. A late start does not mean the crash caused no injury. Keep a written symptom journal. Note the date, the symptom, how bad it felt and what helped or made it worse. Bring it to every appointment.

How Brain Injury Claims Are Documented

The medical record is the foundation of a brain injury claim. It shows what happened to the brain, when it happened, and what care followed.

Records that matter most usually include:

• Ambulance and emergency department records
• Imaging results, such as CT scans or MRI scans
• Neurological exam results, including the Glasgow Coma Scale, a common tool for rating consciousness after head trauma
• Follow-up visits, therapy notes and prescriptions
• Neuropsychological testing, when a provider orders it to measure memory, attention and reasoning

Subtle injuries and late symptoms make records even more important. A gap in treatment can make it harder to connect symptoms to the crash. Consistent care helps.

Your account of the crash also matters. Write down what you remember while it’s fresh. Keep the crash report number, photos and witness names. Tell each provider the same accurate story.

Who May Be Responsible for a Crash on Eastern Panhandle Roads

More than one person or company may share responsibility for a crash. The firm can help you understand who may be responsible in your case.

Possible responsible parties include:

• Other drivers who were careless or reckless
• Commercial truck drivers
• Trucking companies that employed or dispatched the driver
• Vehicle owners and others who controlled the vehicle

Under W. Va. Code § 55-7-13a, recovery in a personal injury or wrongful death case is based on principles of comparative fault, and liability is allocated to each person who proximately caused the damages, including the injured person, in direct proportion to that person’s percentage of fault. Under W. Va. Code § 55-7-13c, your own fault does not bar recovery unless it is greater than the combined fault of all others responsible. If your fault is less than the combined fault of all others responsible, your recovery is reduced in proportion to your share of fault.

Crashes on Interstate 81 and other routes can involve drivers from other states. Federal driver log rules require motor carriers to keep driver records for at least six months from receipt. Asking for those records early helps.

What a Brain Injury Claim May Include

A brain injury claim may seek money for losses tied to the injury. Common categories include:

• Medical costs: emergency care, hospital stays, imaging, neurology, therapy and medicines
• Lost income: missed work and lower earning ability when the injury limits work
• Non-economic harm: losses without a price tag, such as pain and changes in daily life and relationships

For some commercial truck claims, state law limits certain damages. Under W. Va. Code § 55-7-32, in a personal injury or wrongful death case involving the operation of a commercial motor vehicle that requires a commercial driver’s license, the noneconomic damages each injured or killed person can recover against the employer defendant may not exceed $5 million for each occurrence, and this limit applies only to causes of action arising after July 1, 2024. Beginning January 1, 2026, the limit increases each year to account for inflation, but not to exceed 150 percent of the stated amount, and it is not available to an employer defendant that lacks commercial motor vehicle insurance of at least $3 million for each occurrence covering the personal injury at issue. Under W. Va. Code § 55-7-32(d), this section does not apply if the civil action involving a commercial motor vehicle arises from an incident for which an operator or driver is found to have one or more of the conditions listed in that subsection. The statute also makes commercial motor vehicle insurance of at least $3 million for each occurrence a condition of the damages limit in subsection (c), and subsection (d) separately lists situations where the section does not apply, including certain unlawful driving conduct.

If a crash injury causes death, a wrongful death claim may be brought. Damages can include sorrow and mental anguish, lost income and services, care costs and funeral expenses under W. Va. Code § 55-7-6.

How the Process Works From First Call to Resolution

The process starts with a free case review. The firm listens to what happened and reviews your injury details with you.

1. Free case review. You describe the crash, your symptoms and the treatment so far.
2. Evidence gathering. The firm may collect the crash report, medical records, photos, witness details and vehicle data.
3. Documentation. The firm works with your treating providers to build a complete record of your injury.
4. Claim and negotiation. The firm presents the claim to the responsible insurer and works toward a fair resolution, keeping you informed.
5. Filing suit if needed. If a fair resolution cannot be reached, a lawsuit may be filed. West Virginia generally allows two years to bring a personal injury claim under W. Va. Code § 55-2-12. Under W. Va. Code § 55-2-12, personal actions for which no other limitation is prescribed must be brought within two years after the right accrued for property damage or personal injuries, and within one year after the right accrued for any other matter that, in case a party die, could not have been brought at common law by or against a personal representative. For a wrongful death claim, W. Va. Code § 55-7-6 sets its own filing deadline, which is generally two years after the date of death.

Why Martinsburg and Eastern Panhandle Families Contact the Firm

The firm’s only office is in Martinsburg. The firm serves injury victims across Berkeley, Jefferson and Morgan counties in the Eastern Panhandle. The firm is newly established.

The firm focuses on these case types:

• Car accidents
• Truck and commercial vehicle accidents
• Catastrophic injuries
• Traumatic brain injury
• Spinal cord injury
• Wrongful death

The firm explains medical terms in everyday words. It answers direct questions about your case. Assistants and office staff help with records requests, scheduling and communication.

Common Questions About Brain Injury Car Accident Claims

These questions come up often for people with head injuries after a crash.

Your Next Step After a Brain Injury Crash

If headaches, memory lapses or mood changes followed your crash, you do not have to sort out your options alone. Deciding whether to pursue a claim now or later is hard, especially while you are still recovering. The firm can review the crash, your injury and your records with you. Evidence is easier to preserve while it is fresh.

If a crash left you with lasting symptoms and you’re unsure what to do next, reach out through the contact page to request a free case review. You can also tell Bubba what happened there.