Experienced Virginia TBI Attorneys

Suffering a traumatic brain injury (TBI) is different from other types of personal injuries because damage to brain cells does not heal, unlike broken bones or skin cells. As a result, a TBI, even a mild one, can have a devastating and lasting effect. If you or a loved one suffers any type of head injury, no matter how mild it seems, seek professional medical attention immediately. Even if you think a head injury is minor, get medical help right away.

Traumatic brain injuries can be silent and deadly. Any head trauma is cause for serious concern, and the worst part is that people who are injured might not even know they have a traumatic brain injury until it is too late. TBI has long been known as the “silent epidemic” because, for decades, it was difficult for medical professionals to diagnose the issue correctly. With modern knowledge and technology, doctors know a lot more about brain injuries now than they did, even as recently as the 1990s. The earlier you seek treatment, the better your chances are for recovery.

The kind and compassionate Montagna Law traumatic brain injury attorneys in Virginia understand the difficulties you might face after sustaining a TBI. Call our law office at 757-622-8100 or contact us online to get help in receiving the compensation you deserve for your injury.

How Montagna Law’s Virginia Traumatic Brain Injury Attorneys Can Help Your Case

Having an attorney by your side is crucial in any personal injury case, especially if you’ve suffered a traumatic brain injury. In such cases, you need a lawyer who understands the long-term impact of brain injuries and has experience handling these complex claims. Proving seen and not yet seen deficiencies and impairments can be challenging. TBI victims will also benefit from a law firm that can help them deal with insurance companies to help them obtain compensation.

Our experience in personal injury law and our commitment to securing compensation for medical expenses, lost wages, and pain and suffering go a long way in our ability to negotiate with insurance companies. We create a personalized legal strategy for each of our clients, as everyone’s case is different.

Contact us to set up a free case evaluation to learn more about your rights after a traumatic brain injury accident.

Why Work With Montagna Law’s Traumatic Brain Injury Attorneys

Montagna Law’s experienced traumatic brain injury attorneys can help you recover the compensation you deserve. It also means many of our clients refer us to their friends and relatives.

Our Client Testimonials

“Mr.Montagna was an absolute pleasure on the phone and in person! My friend recommended me to him and I couldn’t have been happier with my decision! Grace was also such a delight to hear from, she always had the best attitude! Mr. Montagna went above and beyond to make sure I would be treated fairly and with that being said if I could give him and Grace 10 stars, I would! Thank you to Montagna law for helping me feel valued!” — Anita C.

“My Attorneys at Montagna Law provided me with good sound legal advise with my case. If you need help with your case give them a call and see if they can help you.” — Michael D.

“These guys were great. Big ups to Danielle who kept me in the loop and was so kind. The lawyer was like a shark who had my best interest in hand. He treated me better than my own employers did. If I’m ever in need of legal assistance again, my first call will be to Montagna Law.” — Linda M.

Montagna Law TBI Case Results

• $2 million for a family after a commercial truck killed their father. The trucking company claimed he “darted into traffic.” We proved faulty brakes.
• $1.5 million for a harbor worker’s widow after a preventable shipyard fall. Employers blamed “employee error” until we exposed rotten guardrails.
• $1.25 million for a woman killed by a distracted driver. The defense argued she “had pre-existing conditions.” Our medical timeline proved otherwise.
• $1 million for a longshoreman’s family after equipment failure. Vessel owners stated that the maintenance was “adequate.” We found 3 years of ignored repair requests.

What Makes Montagna Law Traumatic Brain Injury Attorneys Different From Other Lawyers?

At Montagna Law, our team has been the trusted advocates for individuals with injuries in Hampton Roads for over 50 years. What does that mean for you?

Imagine having attorneys who listen and take the time to understand your unique situation thoroughly. That’s our standard. We pair real compassion with a fierce determination to fight for you. Think of us as your dedicated neighbor-attorneys: we’ve helped local injury victims recover over $30 million, backed by more than 85 heartfelt five-star reviews from clients who felt truly seen and supported.

And when it comes to dealing with insurance companies? Our attorneys don’t back down. We push relentlessly because we believe you deserve every single penny you’re owed.

Montagna Law’s Experience With Wrongful Death Claims

Losing someone you love because another person cut corners or acted carelessly is a pain that words can’t capture. At Montagna Law, we don’t just handle your legal case; we walk beside you through the anger, confusion, and sleepless nights. This work isn’t transactional — it’s personal. We remember your loved one’s name, honor their story, and fight for the justice your family deserves. For over 50 years, our team has been a steady presence for grieving families, recognized in local courts for its relentless preparation and compassion that runs deep. You won’t pay unless we recover for you. Whether your path leads to settlement or trial, we’ll help turn painful “what ifs” into meaningful steps forward.

• Medical reports feel like a foreign language.
• Future bills loom without your loved one’s income.
• Insurers may classify your loss as “unavoidable” or “pre-existing”.
• You just need someone who gets that this isn’t about money—it’s about answers.

We dig deeper than most because wrongful death cases demand it:

• Reconstructing accidents down to skid marks and safety logs.
• Partnering with doctors to prove negligence caused fatal harm.
• Calculating lifetime impacts—from lost wages to a grandchild’s college fund.
• Preparing every case as if it’s heading to trial (which makes insurers take notice).

Traumatic Brain Injury Statistics

Traumatic brain injuries are internal or external. Bumps, blows, jolts to the head, or skull penetration usually cause external brain injuries. Birth defects, strokes, and aneurysms often cause internal brain injuries. Regardless of the type or cause, brain injury is life-changing and often permanent. According to the U.S. Centers for Disease Control and Prevention (CDC), every year in the United States:

• More than 1.5 million Americans experience TBI
• 230,000 individuals are hospitalized with TBI and survive
• Over 50,000 traumatic brain injury cases are fatal
• Somewhere between 80,000 and 90,000 people experience the onset of long-term disability

Despite these alarming statistics, some individuals overcome the challenges. Not only do many survive a traumatic brain injury, but they are also able to recover. The personal injury lawyers at Montagna Law want to spread awareness and knowledge about this serious and life-changing condition.

What Are the Primary Types of Traumatic Brain Injuries?

The CDC estimates that 5.3 million Americans currently suffer a permanent TBI-related disability, and the latest CDC data indicates numbers are growing. Leading causes of TBI include:

• Falls: 35.2%
• Motor vehicle accidents: 17.3%
• Struck by/against: 16.5%
• Assault: 10%
• Unknown/other: 21%

When it comes to traumatic brain injuries, much like no two brains are alike, neither are the types of brain injuries. Unfortunately, several types of TBIs can cause life-altering changes in an instant.

Concussion

A concussion is usually a mild TBI, typically caused by a blow, bump, or jolt to the head or rapid shaking of the head. There is no such thing as “just a concussion.” Always take a concussion seriously.

Diffuse Axonal Injury

Shearing (tearing) on the brain’s connecting nerve fibers (axons) causes diffuse axonal injury (DAI). The condition is a serious type of TBI and can lead to a person falling into a vegetative state.

Edema

Edema occurs when the brain (or head) experiences swelling. While swelling is a body’s reaction to an injury, when it occurs in the brain, it is serious because the skull cannot accommodate the swelling, or it interferes with fluid circulation. Sometimes, surgery is necessary to relieve pressure.

Hematoma

A hematoma is bleeding occurring in the brain that can lead to the formation of a blood clot, creating a buildup of blood and pressure that can cause brain damage.

Hemorrhage

Hemorrhaging in the brain is when uncontrolled bleeding occurs and can lead to irreversible brain damage.

Skull Fracture

Skull fractures occur when an external object breaks the bone due to a severe impact that the skull cannot absorb.

Contusions

Contusions are bruises on the brain caused by bleeding. They are often serious and can lead to permanent injury or the necessity of surgery.

Coup-Contrecoup

Coup-contrecoup TBIs are when the brain experiences a hard impact and the brain (or skull) “slams” into the opposite side, causing injury to both halves of the brain.

Brainstem Injuries

Damage to the brainstem can impact heart regulation, body temperature control, eye movement, breathing, blood circulation, swallowing, and consciousness.

What Steps Should I Take Immediately After a TBI-Causing Accident?

If you have a traumatic brain injury, you may not be able to take steps to help your case after an accident. However, if you are able, we recommend doing the following:

• Call first responders
• Allow emergency medical technicians to check you over
• Take photos of the accident scene
• Obtain contact information from others involved in the wreck and from witnesses
• Obtain the other driver’s vehicle information, including the year, make, and model of the vehicle, and the vehicle registration information
• Seek medical attention as soon as possible
• Contact a Virginia TBI lawyer

In addition to the actions you should take, there are some you should not take.

• Never discuss your case with any insurance company, even your own. Leave that to your attorney. You can report the case, but give only your name, the date and location of the wreck, and your attorney’s contact information.
• Do not post on social media — even minor things, such as enjoying dinner with your family. Insurance companies troll social media and will use what you post to attempt to deny your claim or offer you a pittance.

How Are Traumatic Brain Injuries Defined Medically?

Medical professionals categorize TBIs as mild, moderate, and severe. They classify about 80% of TBI cases as mild, but do not let the “mild” designation fool you. These injuries, which include concussions, can still cause serious injury or permanent disability.

If a person experiences a loss of consciousness during an accident, take it very seriously. Seek medical treatment immediately because the longer a person is unconscious, the more serious the traumatic brain injury might be. Never dismiss any symptoms, including dizziness and other seemingly mild symptoms.

What Are the Symptoms of a Traumatic Brain Injury?

The symptoms of a traumatic brain injury can vary widely.

For mild TBIs, you may have additional symptoms (in parentheses for moderate-to-severe TBIs):

• Headaches (persistent or headaches that get worse)
• Nausea or vomiting (repeated)
• Drowsiness
• Fatigue
• Dizziness
• Loss of balance
• Speech issues (slurred speech)
• Blurred vision
• Ringing in your ears
• A bad taste in your mouth
• Changes in your ability to smell
• Light or sound sensitivity
• Loss of consciousness for up to a few minutes (from several minutes to hours for moderate to severe TBI)
• Confusion or disorientation (profound)
• Concentration or memory issues
• Mood swings (becoming agitated, combative, and exhibiting other unusual behavior)
• Depression
• Anxiety
• Difficulty sleeping or sleeping more than normal

Additional symptoms for moderate or severe TBIs that you usually do not see if you have a mild TBI include:

• Convulsions
• Seizures
• Dilation of one or both pupils
• Clear fluid draining from the ears or nose
• Inability to wake up
• Fingers and toes feeling weak or numb
• Loss of coordination
• Coma

The symptoms of TBI may not surface until weeks, days, months, or longer after the injury, especially if the injured person is a child, since their brain is still developing.

What Are the Long-Term Effects of a Traumatic Brain Injury?

The long-term effects of TBI will depend on the location of the head injury. It is also unfortunately common for TBI victims to suffer more than one type of TBI, which also further impacts their long-term outcomes.

For instance, injury to the frontal lobe (including the forehead) can affect reasoning, problem-solving abilities, judgment, impulse control, planning, and other executive functioning skills. Injury to the left side of the brain can lead to problems with speech, comprehension, and logic, while injury to the right side of the brain can result in visual processing deficiencies and the inability to perform routine or familiar tasks.

Balance Issues

Individuals suffering from TBI often have difficulty with motor skills, including balance. The inability to balance oneself puts a person at risk of falling or hitting their head, causing further injury.

Dizziness

The dizziness that can accompany a TBI can lead to everyday problems, causing a decrease in the quality of life.

Eyesight Issues

Traumatic brain injuries causing eyesight issues affect the actual ability to see (including blindness), but they also affect the ability to perform eye movements, such as downgaze or convergence. Eyesight problems can negatively impact everyday activities, ranging from reading the pages of a book to driving.

Fatigue

People suffering from TBIs tend to tire easily, and this fatigue affects their stamina, meaning victims often cannot work long days, struggle in the classroom, or suffer from an inability to stay awake for extended periods.

Headaches

Recurring and persistent headaches often accompany TBI, causing disruption in everyday life, which can lead to distress and ongoing suffering.

Long-Term Memory Loss

Long-term memory loss from TBI can be temporary or permanent. In these cases, the person has difficulty remembering past events or people. It can also affect the ability to remember how to perform tasks or recognize common words.

Short-Term Memory Loss

Short-term memory loss from TBI occurs when a person forgets events that have recently happened. Essentially, your brain never stores conversations, things seen or heard, and other events in short-term memory. For example, injured people may not remember individuals they have met, whether they have eaten, or where they were going.

Mood Swings

Many people who have a loved one suffering from a TBI describe them as a “different person” from before the injury. A person may experience unusual mood swings or display behaviors deemed inappropriate in social or professional situations, depending on the nature of the injury and where it occurred in the brain.

Paralysis

Some TBIs result in paralysis because the injury has disrupted the brain’s ability to communicate with muscles. Interrupted signals prevent the muscles from receiving the brain’s direction.

Seizures

TBIs often cause seizures, or abnormal brain electrical activity, which are hard to predict. Many brain injury victims have a higher risk of seizures for the rest of their lives. Seizures can vary in severity, with some hardly noticeable and others leading to severe seizures.

Speech and Language Problems

Depending on the area of the brain injured, some people struggle with the ability to speak or pronounce sounds, or cannot extract the words to speak even if they know what they want to say; this disconnect can dramatically impact the ability to engage in everyday conversations.

The long-term effects of TBI are often difficult to assess; most people will find their injury changes at various stages of their life, either for better or worse. TBI victims often struggle with permanent damage, behavioral, or cognitive changes — all of which can affect their ability to do tasks or negatively impact their relationships and other interactions requiring social skills.

What Kind of Settlement Can a Virginia Traumatic Brain Injury Attorney Help You Secure?

Depending on the severity of your injuries, you could recover economic and non-economic damages. Sometimes referred to as special damages, economic damages have a monetary value, while general damages (non-economic damages) do not.

You could recover:

• Medical expenses, current and future, including prescriptions, additional surgeries, various therapies, and accessibility modifications for your home
• Lost wages
• Loss of future earning capacity
• Pain and suffering, including emotional distress
• Loss of consortium and/or companionship
• Loss of quality of life

How Do You Prove a Traumatic Brain Injury?

To prove a TBI, you must have medical evidence, including medical records, neurological exams, brain scans, expert testimony, and personal accounts from victims and family members.

An experienced brain injury lawyer can help retrieve records from medical facilities, obtain police reports, and take depositions of any witnesses.

What is the Statute of Limitations for Filing a Traumatic Brain Injury Claim in Virginia?

In Virginia, the Commonwealth places a two-year statute of limitations from the date of an accident. The rule implies that the clock begins to run as soon as the injury occurs. This is why it is critical to seek treatment as soon as possible to ensure the injury is well-documented.

How Do Insurance Companies Typically Handle Traumatic Brain Injury Claims?

Insurance companies are in business to make a profit. Any claim they pay cuts into their bottom lines. Therefore, they will employ every tactic possible to reject your claim. If their initial tactics fail, they may attempt to offer you a minimal settlement, hoping you will accept it and “go away.” Tricks they use often include:

• Delaying claims
• Using what you say against you to place the blame for the accident on your shoulders
• Trolling social media, looking for reasons to deny your claim or assign blame to you
• Downplaying injuries
• Insisting that the most they can pay is some menial amount

Can I Still File a Claim if My Traumatic Brain Injury Symptoms Appear Days After the Accident?

Yes. Some TBIs, especially mild traumatic brain injuries, may not present symptoms immediately. Delayed symptoms do not disqualify a claim. However, it is imperative that you document all symptoms and when they started, and take timely legal action.

How Long Does the Legal Process Take for Traumatic Brain Injury Cases in Virginia?

The legal process for TBI cases varies with each individual. Many factors can affect the timeframe, including the insurance company involved and the severity of your injuries. If an insurance company forces you into litigation because it refuses a fair and reasonable settlement, that can increase the amount of time it takes to conclude your case.

The timeline includes:

• Notifying the insurance companies involved
• Obtaining evidence, including medical records
• Investigating the accident
• Drafting a demand letter
• Waiting for the insurance company’s response to the demand letter
• Negotiations
• Filing a lawsuit

What if My TBI Leads to Permanent Disability or Reduced Earning Capacity?

If your TBI leads to permanent disability and reduced earning capacity, your attorneys can seek damages for lifelong medical care, vocational rehabilitation, and loss of future income. You may also receive additional compensation for pain and suffering and loss of quality of life.

What if My Loved One Suffers From a Traumatic Brain Injury and Cannot Advocate for Themselves?

You have several legal options for family members who cannot advocate for themselves because of a TBI, including seeking guardianship, filing a claim on behalf of an incapacitated loved one, and verifying that they receive proper medical care and financial support.

An experienced personal injury attorney can guide you through the process to ensure you can take care of your loved one for the rest of his or her life.

Sensitive and Professional Traumatic Brain Injury Attorneys in Virginia

If you or a family member has suffered any kind of head injury, it is important to speak to a personal injury attorney as soon as possible.

The Virginia traumatic brain injury attorneys at Montagna Law are ready to fight on your behalf to help you or a loved one regain health and recover. Please do not hesitate to contact us. Our Virginia brain injury lawyers are ready to help you pursue compensation for medical bills, lost income, rehabilitation, and long-term care needs.

To request a free consultation from one of our Virginia traumatic brain injury attorneys, call our legal team at 757-622-8100 or use our online contact form.