Catastrophic Injuries After a Crash: What Virginia Law Says About Spinal Cord and Brain Injuries

Not every car accident results in a broken bone or a sore neck. Some crashes produce injuries that change a person’s life permanently — damage to the spinal cord that takes away the ability to walk, or trauma to the brain that alters how a person thinks, communicates, and moves through the world. These are called catastrophic injuries, and the legal claims they give rise to are among the most significant in Virginia personal injury law.

Traumatic Brain Injury After a Crash

Traumatic brain injury — commonly called TBI — occurs when a sudden jolt or blow to the head disrupts normal brain function. In vehicle crashes, the head can strike a steering wheel, window, or headrest, or the rapid deceleration of a collision can cause the brain to move violently inside the skull without any external impact at all. The results range from mild concussion to severe and permanent cognitive impairment.

TBI is often invisible in the immediate aftermath of a crash. Emergency responders may find no external wounds, and a crash victim may walk away from the scene feeling disoriented but otherwise physically intact. Symptoms — including memory problems, difficulty concentrating, mood changes, persistent headaches, sensitivity to light, and sleep disturbances — can emerge or worsen over days or weeks. This delayed presentation can complicate both medical diagnosis and legal claims, as insurers may argue that injuries that appear after the initial evaluation were not caused by the crash.

After a crash involving a possible head injury, seeking prompt medical evaluation and following the recommendations of treating medical professionals can be important. Medical records documenting symptoms, evaluations, and treatment may also become relevant when determining the nature and extent of injuries following a collision.

Spinal Cord Injuries and Their Consequences

The spinal cord transmits signals between the brain and the rest of the body, and serious damage can have lasting consequences. Depending on the nature and severity of the injury, a person may experience changes in mobility, sensation, chronic pain, or the need for ongoing medical care and assistance. These injuries can affect a person’s ability to work, maintain independence, and participate in everyday activities.

Car accidents are one of the leading causes of spinal cord injury in the United States. High-speed crashes, rollovers, and rear-end collisions that force the neck and back through violent ranges of motion all carry significant risk of spinal cord damage.

Calculating Damages in Catastrophic Injury Cases

Catastrophic injury claims can involve significant medical, financial, and personal consequences. Depending on the circumstances, evaluating a claim may involve reviewing past and anticipated medical treatment, rehabilitation needs, lost income, changes in earning capacity, and the long-term effects of the injury. Medical records and other evidence may help document the full impact of a traumatic brain or spinal cord injury.

Virginia’s contributory negligence rule can significantly affect catastrophic injury claims. The specific facts surrounding how a collision occurred may play an important role in determining an injured person’s legal options under Virginia law.

If you or a loved one suffered a spinal cord injury, traumatic brain injury, or any other catastrophic harm in a crash in Virginia Beach, Norfolk, Chesapeake, Hampton, Suffolk, Portsmouth, Newport News, or anywhere in Hampton Roads, Breit Law is here to fight for you. With more than 47 years of trial experience, William Breit has pursued full and fair compensation for seriously injured Virginians when insurers try to minimize life-altering losses. Contact us today to discuss your situation.

Map showing the Hampton Roads region of Virginia, including Virginia Beach, Norfolk, Chesapeake, Hampton, Newport News, Portsmouth, and Suffolk.