Traumatic Brain Injury | Virginia
Living with a brain injury after a crash? Start with your recovery, and get clear answers.
Correll Law Firm represents people with serious brain injuries from car and commercial truck crashes, from the Shenandoah Valley to Richmond and Henrico County.
Published October 21, 2026
A traumatic brain injury is damage to the brain caused by a blow or sudden jolt to the head. Many people call it a head injury. If you or someone you love was hurt this way in a car or truck crash, a traumatic brain injury lawyer can help you understand your options. Correll Law Firm represents people in these cases.
What a Traumatic Brain Injury Means After a Car or Truck Crash
Crash-related brain injuries range from mild concussions to severe damage that can change a person’s life.
During a crash, the head can strike a windshield, steering wheel, window or other hard surface. The brain can also move hard inside the skull, even without a direct hit. That force can damage brain cells and the connections between them.
The TBI factsheet from MSKTC describes brain injury care in stages, from emergency treatment through rehabilitation. Recovery often takes time and more than one kind of care.
Doctors describe several types of brain injury:
- Concussion: a jolt that briefly disrupts how the brain works.
- Brain contusion: a bruise on the brain tissue.
- Diffuse axonal injury: tearing of nerve fibers spread through the brain, often from rapid twisting or shaking forces.
- Penetrating injury: an object breaks through the skull and enters the brain.
The brain can be hurt with no visible wound on the head. A person may seem alert at the scene and still have a serious injury.
Not sure what your next step is?
Talk it through with Correll Law Firm — we can walk you through how a situation like yours is usually handled and what your options are.
Warning Signs That Need Prompt Medical Care
Get emergency medical care right away if head injury symptoms are severe or getting worse.
Watch for these warning signs:
- A headache that gets worse or does not go away
- Repeated vomiting or nausea
- Confusion or trouble staying awake
- Slurred speech
- Seizures
- Weakness or numbness in the arms or legs
- New memory problems, or changes in mood or behavior
Medical providers decide diagnosis and treatment. Keep a written log of symptoms, appointments and missed work. Dates and details help your care team, and they can matter later if a claim is filed.
What the Firm’s Traumatic Brain Injury Representation Covers
The firm represents people hurt in brain injuries from car, truck and commercial vehicle crashes, and families in wrongful death cases.
- Car accidents: collisions with other passenger vehicles, and single-vehicle crashes.
- Truck and commercial vehicle crashes: large truck and commercial vehicle collisions, which may involve more than one party.
- Catastrophic and spinal cord injuries: serious injuries that occur alongside a brain injury.
- Wrongful death: cases where a death is caused by the wrongful act, neglect, or default of any person or corporation, including a crash-related brain injury that leads to a death.
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. The deadline appears in Va. Code § 8.01-244.
Correll Law Firm has a Winchester office and a Harrisonburg office. It represents people from the Shenandoah Valley, Richmond, Henrico County and across Virginia.
How a Free Case Evaluation Works, Step by Step
- Share the basics. Tell the firm when and where the crash happened, who was involved, and what treatment you’ve received.
- Bring records you have. Police reports, discharge papers and imaging reports help the review.
- Discuss possible claims. The firm explains the questions that need answers, such as fault and medical needs. It does not predict an outcome.
- Decide your next step. You may choose to continue or to stop there.
If you move forward, the firm starts gathering records and evidence. Every matter depends on the facts.
Virginia Rules That May Affect a Brain Injury Claim
Virginia sets a filing deadline for injury lawsuits and requires drivers to report injury crashes.
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. Under Va. Code § 8.01-243(A), unless otherwise provided in that section or by other statute, every action for personal injuries, whatever the theory of recovery, shall be brought within two years after the cause of action accrues (Va. Code § 8.01-243).
Some claims carry notice requirements that run out sooner. For example, a negligence claim against a county, city or town is forever barred unless a written statement of the nature of the claim, including the time and place of injury, is filed within six months after the cause of action accrues, unless the claimant was under a disability when the cause of action accrued, in which case the tolling provisions of § 8.01-229 apply; failure to file it does not bar the claim if the attorney, chief executive, mayor, or an insurer had actual knowledge of the claim within those six months (Va. Code § 15.2-209).
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, 8.01-243). The two-year period is the deadline to file a lawsuit, not a deadline to report a crash. The reporting duty appears in Va. Code § 8.01-243.
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). The cap appears in Va. Code § 8.01-38.1.
About Correll Law Firm’s Brain Injury Work
Correll Law Firm handles traumatic brain injury matters from its Winchester and Harrisonburg locations.
The firm focuses on injuries from car accidents, truck accidents and commercial vehicle accidents. It also handles catastrophic injuries and wrongful death matters.
Brain injury claims often rely heavily on medical records. The firm reviews those records alongside the crash facts. The firm does not have offices in Richmond or Henrico County, but it represents people from those areas.
Not sure what your next step is?
Talk it through with Correll Law Firm — we can walk you through how a situation like yours is usually handled and what your options are.
Frequently Asked Questions About Brain Injury Claims in Virginia
Do I need a traumatic brain injury lawyer to see a doctor?
No. Medical care comes first, and you may wish to talk with a lawyer about your legal options.
Can a concussion from a crash be serious?
Yes. A concussion is a form of traumatic brain injury, and it can still need medical evaluation.
What if I was partly at fault?
Virginia follows contributory negligence: if you are found even partly at fault, you may be barred from recovering, with limited exceptions (Contributory negligence bars recovery in Virginia). Talk to a lawyer about your facts.
Do federal testing rules apply after a commercial truck crash?
Federal rules can require testing after certain commercial truck crashes. Under 49 C.F.R. § 382.303, an employer must stop trying to give an alcohol test after eight hours.