Helping Virginians Rebuild After a Catastrophic Injury

A catastrophic injury is a severe injury with long-term or permanent effects on work, daily life and independence. Correll Law Firm handles catastrophic injury claims in Virginia, including those arising from car crashes, truck crashes and commercial vehicle crashes. The firm also handles traumatic brain injury, spinal cord injury and wrongful death matters. This page explains how these claims work, so you can decide whether speaking with a lawyer makes sense for you. You may wish to weigh your options before deciding anything.

What a catastrophic injury means and who this page is for

A catastrophic injury is one that changes a person’s health, work and independence for a long time, or for life. The term is not a single medical test. It describes harm that does not heal quickly and can affect a person’s life for years.

This page is for two groups. The first is people hurt badly in a crash. The second is families who lost a loved one in one. The firm handles car accidents, truck accidents, commercial vehicle accidents, catastrophic injuries, traumatic brain injury, spinal cord injury and wrongful death matters.

If you are still making sense of what happened, the sections below can help you sort out your questions.

Crashes the firm handles: car, truck and commercial vehicle

The firm handles claims from passenger car crashes, large truck crashes and crashes involving other commercial vehicles. Each type can cause severe injuries. Each can also raise different questions about who may be responsible.

A car crash often involves two drivers and their insurers. A truck crash can involve more parties. Depending on the facts, these may include the driver, the trucking company, a freight broker or the vehicle owner.

Crash reporting is a separate duty. Virginia requires a driver involved in a crash with injury or death to stop and report it to police immediately (Va. Code §§ 46.2-371, 46.2-894). The two-year period is the deadline to file a lawsuit, not to report a crash (Va. Code § 8.01-243). If you are able, write down what happened and note any witnesses while the details are fresh.

Brain and spinal cord injuries: what a claim can cover

A traumatic brain injury or spinal cord injury can change how a person thinks, moves, feels and works. Both are severe injury types the firm handles.

Traumatic brain injuries can be mild or severe. They may occur together with broken bones, burns or limb loss, a pattern called polytrauma (VA brain injury awareness page). Spinal cord injuries are classified by injury type, by level, and by whether the injury is complete or incomplete. Effects can include changes in movement, sensation and automatic body functions (Reeve Foundation spinal cord fact sheet).

A claim may address losses such as medical care, rehabilitation, lost income and reduced earning ability, and help needed with daily living. Which losses apply depends on the facts. The firm does not diagnose injuries. Treating doctors and other medical professionals establish the diagnosis and the long-term outlook, and their records shape how a claim is evaluated.

When a catastrophic crash is fatal: Virginia wrongful death

When a crash causes a death, a Virginia wrongful death claim may be available to the family. The claim is handled through the decedent’s estate, not by family members acting alone.

A Virginia wrongful death action is filed by the decedent’s personal representative within two years of the death (Va. Code §§ 8.01-50(C), 8.01-244(B)), on behalf of the family members the statute protects.

Family members generally do not file the case themselves: the action is brought by the personal representative of the deceased, except that an action for fetal death is brought by the natural mother; if the natural mother dies, or is or becomes a person under a disability as defined in § 8.01-2, such action may be initiated or maintained by the administrator of the natural mother’s estate, her guardian, or her personal representative qualified to bring such action.

Virginia wrongful death damages cover the family’s sorrow, mental anguish and loss of the decedent’s companionship, guidance and care; lost income and services; medical expenses from the injury; funeral expenses; and, for willful or wanton conduct, punitive damages (Va. Code § 8.01-52).

How a catastrophic injury case typically moves forward

Each step depends on the facts of the crash and the injuries.

1. You describe the crash, the injuries and your family situation.
2. Records. With your permission, the firm gathers crash reports, medical records and employment information.
3. Review. Fault and damages are reviewed. Outside medical and accident professionals may be consulted as the facts require.
4. Negotiation. The firm presents the claim to insurers. If talks do not resolve it, a lawsuit may be needed.
5. Resolution. Serious injuries can take a long time to resolve, because the full effects may not be known for a while.

Timing rules matter early. Virginia generally allows two years from the date of injury to file a personal injury lawsuit (Va. Code § 8.01-243(A)); the clock runs from the date of injury, not the date of discovery, with narrow exceptions. Some claims carry notice requirements that run out sooner. A negligence claim against a county, city or town is barred unless a written statement of the claim, including the time and place of the injury, is filed within six months after the claim accrued, though failure to file does not bar the claim if the locality’s attorney, chief executive or mayor, or its insurer, had actual knowledge of it within that time; if the claimant was under a disability when the claim accrued, the tolling provisions of § 8.01-229 apply (Va. Code § 15.2-209). Va. Code § 15.2-209 reads: “Failure to provide such statement shall not bar a claim against any county, city, or town, provided that the attorney, chief executive, or mayor of such locality, or any insurer or entity providing coverage or indemnification of the claim, had actual knowledge of the claim, which includes the nature of the claim and the time and place at which the injury is alleged to have occurred, within six months after such cause of action accrued.”

Fault, punitive damages and what shapes a claim

Fault and punitive damages both turn on the facts of the crash and the conduct behind it. Virginia’s rules on these points are strict, so the details matter.

Virginia follows contributory negligence: if you are found even partly at fault, you may be barred from recovering, with limited exceptions. Talk to a lawyer about your facts.

Virginia allows punitive damages for actual malice, or for willful or wanton conduct or recklessness showing a conscious disregard for the safety of others, capped at $350,000 (Va. Code § 8.01-38.1).

Driver conduct, vehicle records and witness accounts can shape which evidence matters most in a given crash.

How Correll Law Firm handles these cases

The firm’s offices are in Winchester and Harrisonburg. The firm handles these cases for people across the Shenandoah Valley and Virginia. That work extends to people in Richmond, Henrico County and elsewhere in Virginia.

The practice areas on this page are car accidents, truck accidents, commercial vehicle accidents, catastrophic injuries, traumatic brain injury, spinal cord injury and wrongful death. The firm can explain how each of these areas may apply to your facts.

It gives you a chance to ask questions and learn how the firm approaches your situation before you decide anything.

Frequently asked questions