Serving Fairmont Injury Victims After Serious Car Accidents and Brain Injuries

Serving Fairmont Injury Victims: Brain Injury and Car Accident Claims

Yes, a brain injury from a car accident can support a personal injury claim in West Virginia. If you were hurt in a traumatic brain injury car accident in Fairmont, West Virginia, you may have questions about symptoms, medical records, and time limits. Big Bubba Injury Law serves Fairmont and Marion County, along with other communities across the state. This page explains what to expect, in plain terms.

What a Traumatic Brain Injury From a Car Accident Is

A traumatic brain injury (TBI) is a brain injury caused by a blow, jolt, or other outside force, and it can range from a mild concussion to severe brain damage. The Administration for Community Living lists automobile accidents as a cause of TBI. In a crash, the head can strike the steering wheel, a window, or the dashboard. A TBI can happen without losing consciousness and without any visible head wound.

Injuries range from mild concussions to serious damage. Doctors may describe a contusion, which is a bruise on the brain. Diffuse axonal injury means tiny nerve fibers are torn or stretched across the brain.

Mild does not mean harmless. Any head injury after a crash deserves a medical check, even when the person feels fine at first. A TBI can also affect a person’s job, family life, and daily routine.

This page is for drivers, passengers, pedestrians, and family members in Fairmont and Marion County. If you are dealing with a brain injury after a car or truck crash, the information here applies to you.

What Brain Injury Symptoms Can Appear Late?

Some brain injury symptoms show up right away. Others can appear days or weeks after a crash. Early signs often include:

• Headache
• Dizziness
• Confusion
• Nausea
• Sensitivity to light or noise
• Trouble concentrating

Family members may be among the first to notice changes in an injured person. These include changes in memory, mood, sleep, or personality. Because symptoms can be delayed, early medical evaluation matters. The Brain Trauma Foundation’s prehospital guidelines cover how TBI is assessed and managed.

Get emergency care right away if you notice:

• Repeated vomiting
• A seizure
• A headache that keeps getting worse
• Unequal pupils
• Drowsiness that is hard to wake
• Slurred speech

How Brain Injuries Are Diagnosed and Documented

A brain injury is diagnosed through a medical evaluation and a neurological exam. Providers often use imaging such as a CT scan or MRI. Some brain injuries do not show on standard imaging. Symptoms and testing still matter in those cases.

Neuropsychological testing measures memory, attention, processing speed, and executive function. Executive function means planning and problem-solving.

Keep complete records. Save discharge papers, follow-up visit notes, therapy notes, and a daily symptom journal.

Tell every provider about any past head injury or concussion. An honest history helps doctors. It also keeps the claim accurate. The firm reviews that history with you.

What a Brain Injury Claim Can Cover

A brain injury claim can seek compensation for medical costs, future care, lost income, and the effect of the injury on daily life. Possible areas include:

• Past medical bills, such as emergency care, hospital stays, imaging, and neurology visits
• Future care, such as therapy, medication, and follow-up testing your providers recommend
• Lost wages and any reduced ability to earn income later
• Rehabilitation, including speech, occupational, and cognitive therapy
• Pain, suffering, and loss of enjoyment of life
• Household and caregiving needs when a family member can no longer manage daily tasks

Claims are usually made against the at-fault driver. In some crashes, they may also involve a commercial truck company or another responsible party.

How Long Do You Have to File a Claim in West Virginia?

Most personal injury lawsuits in West Virginia must be filed within two years. The two years run from when the right to sue arises (W. Va. Code § 55-2-12). Wrongful death claims generally must be started within two years after the death, subject to certain exceptions (W. Va. Code § 55-7-6).

West Virginia also limits early settlement talks. For twenty days after an injury, no one may negotiate a settlement with an injured person who is in the hospital or unable to work. Within one hundred eighty days from the date of the personal injury, an injured person may still act by executing a written statement of disavowal and forwarding a copy to the person who violated the section; the settlement, release or statement then may not be admissible in evidence, provided any consideration paid is repaid or returned at that time (W. Va. Code § 55-7-11a).

Steps that help protect your claim now:

• See a doctor and follow your treatment plan.
• Keep receipts, pay stubs, and bills.
• Save the crash report.
• Think carefully before posting about the crash on social media.
• Take time to understand your rights before giving a recorded statement to an insurance adjuster.

How the Firm Handles a Brain Injury Car Accident Case

The firm starts with a free case review, then gathers records and builds the claim step by step. The review is confidential, and you are under no obligation to continue.

1. Case review. The firm hears how the crash happened. It reviews your symptoms and treatment so far. It identifies who may be liable and what insurance may apply.
2. Investigation. The firm gathers the crash report, medical records, and witness information. It may speak with your treating providers about your injury.
3. Building the claim. Medical records, wage records, and a clear account of how the injury affects daily life are organized.
4. Negotiation or lawsuit. Many claims begin with talks with insurers. If a fair resolution is not reached, the firm can file suit before the deadline.

Timelines vary with the severity of the injury, the medical picture, and how the other side responds. No result can be promised.

Crashes with commercial trucks follow added rules. For a commercial motor vehicle that requires a commercial driver’s license, West Virginia caps noneconomic damages against an employer defendant at $5 million for each person injured or killed. 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 engaged in the conduct listed in W. Va. Code § 55-7-32. That cap is not available to an employer defendant that does not have commercial motor vehicle insurance in the aggregate amount of at least $3 million for each occurrence covering the personal injury that is the subject of the action. The cap applies to claims arising after July 1, 2024, and can rise for inflation starting January 1, 2026 (W. Va. Code § 55-7-32).

The firm serves Fairmont and Marion County as part of its statewide practice. It handles car accidents, truck and commercial vehicle crashes, catastrophic injuries, and wrongful death.

Common Questions About Brain Injury Car Accident Claims