West Virginia Traumatic Brain Injury Lawyers
By J. Brandon Shumaker and J. Tyler Slavey · Slavey & Shumaker PLLC · Morgantown, WV · Last updated November 9, 2026
Table of Contents
A traumatic brain injury can change how a person thinks, remembers, works and relates to family, sometimes with few visible signs. Some injuries are obvious from the start. Others, especially concussions, are dismissed as “just a bump on the head” until problems with memory, concentration, mood or sleep make it clear that something is wrong.
Slavey & Shumaker PLLC helps people with brain injuries and their families throughout the State of West Virginia, including Monongalia, Preston, Marion and Harrison Counties. For other life-changing injuries, see our serious injury page.
1. What Is a Traumatic Brain Injury
A traumatic brain injury is damage to the brain caused by an outside force, such as a blow or jolt to the head or an object penetrating the skull. In the findings for its school sports concussion law, the West Virginia Legislature explained that a concussion is “caused by a blow or motion to the head or body that causes the brain to move rapidly inside the skull” (W. Va. Code § 18-2-25a(a)(2)).
| Type | What it generally means |
|---|---|
| Concussion (mild traumatic brain injury) | The most common type. It can happen with or without loss of consciousness, and symptoms can last days, weeks or longer |
| Moderate and severe traumatic brain injury | Often involves longer loss of consciousness, bleeding, bruising or swelling in the brain, and may require surgery and long rehabilitation |
| Penetrating brain injury | Caused by an object that breaks through the skull and enters the brain |
The severity of the injury on the day it happens does not always predict how a person will recover. Every case depends on the medical evidence.
2. Common Causes of Brain Injuries
Sudden stops and impacts can injure the brain even when the head does not strike anything. See our car accident and truck accident pages.
Riders and people on foot have little protection. See our motorcycle, bicycle and pedestrian pages.
Slips, trips and falls caused by hazards a property owner should have fixed. See our premises liability page.
Falls from heights and falling objects, including claims against negligent third parties. See our workplace injury guide.
Rollovers and collisions can cause serious head injuries. See our ATV and UTV accident page.
3. Symptoms That Are Easy to Miss
Brain injury symptoms do not always appear right away, and the injured person may not recognize them. Family members are often the first to notice changes. Common symptoms include:
- Headaches that do not go away or get worse
- Trouble remembering, concentrating or finding words
- Dizziness, balance problems or blurred vision
- Sensitivity to light or noise
- Sleep changes, fatigue or trouble getting through a work day
- Irritability, anxiety, depression or personality changes
Anyone with a head injury should be evaluated by a medical provider, and new or worsening symptoms should be reported promptly. This page is general information, not medical advice.
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4. Proving a Brain Injury Claim
Insurance companies often dispute brain injuries, especially concussions, because the injury may not show up on a scan and the symptoms can be blamed on other causes. Building a strong claim usually involves:
Emergency records, follow-up visits and specialist care create a timeline that connects the symptoms to the accident.
A normal CT scan or MRI does not always rule out a concussion. Neurologists, neuropsychologists and rehabilitation specialists may document deficits through other evaluations.
Family members, coworkers and employers can describe how the person functioned before the injury and what changed afterward.
Missed work, reduced duties, lower grades or job loss can show the real effect of the injury.
Writing down headaches, memory lapses and other problems as they happen helps doctors and supports the claim.
5. Who May Be Responsible
Depending on the facts, responsible parties may include a negligent driver, a trucking company, a property owner, a contractor or equipment maker, or another party whose carelessness caused the injury. You can recover as long as your share of fault is not greater than the combined fault of everyone else responsible, and your recovery is reduced by your percentage of fault (W. Va. Code § 55-7-13c(c)). West Virginia generally holds each defendant liable only for its own percentage of fault (§ 55-7-13c(a)), but a defendant whose impaired driving was a proximate cause of the damages is jointly and severally liable (§ 55-7-13c(h)(1)). See our drunk driving crash page.
Helmet rules can come up in these cases. West Virginia requires motorcycle riders and passengers to wear a protective helmet (W. Va. Code § 17C-15-44(a)), and insurers may argue that a missing helmet made a head injury worse. For bicycles, the law requiring helmets for riders under 15 provides that a violation is not admissible as evidence of negligence or in mitigation of damages in a civil case (§ 17C-11A-6). How these rules apply depends on the facts of each case.
6. Compensation After a Brain Injury
| Category | Examples |
|---|---|
| Medical expenses | Emergency care, hospital stays, surgery, therapy, rehabilitation, medication and future treatment |
| Lost income | Missed wages and reduced ability to earn in the future |
| Care and support | In-home care, assistance with daily activities and other needs caused by the injury |
| Noneconomic damages | Pain and suffering, mental anguish and loss of enjoyment of life |
Because a brain injury can affect a person for years, we work with medical and economic professionals when needed to estimate future care and lost earning capacity. When punitive damages are allowed, the plaintiff must prove the required conduct by clear and convincing evidence, and the award may not exceed the greater of four times the compensatory damages or $500,000 (W. Va. Code § 55-7-29(a), (c)). When a brain injury causes a death, the family’s claim is governed by the wrongful death statute; see our wrongful death page.
7. What to Do After a Head Injury
See a provider right away and follow up, even if you feel fine at first.
Tell your doctors about headaches, memory problems, mood changes and sleep problems, even if they seem minor.
People close to you may notice changes you do not.
Keep medical bills, work records, photographs and the names of witnesses.
Most personal injury lawsuits must be filed within two years after the right to sue accrues (W. Va. Code § 55-2-12(b)). A child’s claim generally may be brought within the same period after the child turns 18, but never more than 20 years after the right accrues (§ 55-2-15(b)). A parent’s own claim, such as for a child’s medical bills, may have a different deadline, so confirm early.
8. Why Choose Slavey & Shumaker PLLC
Our attorneys, J. Tyler Slavey, J. Brandon Shumaker, Scott B. Harris and Kasey Libby, take the time to understand how a brain injury has changed a client’s life, gather the medical and personal evidence that insurers tend to overlook, and pursue full compensation for future needs as well as past losses. No lawyer can guarantee a result. You can read what past clients say in our more than 100 Google reviews.
9. Frequently Asked Questions About Traumatic Brain Injuries
Talk With a West Virginia Brain Injury Lawyer
Slavey & Shumaker PLLC, 174 Chancery Row, Morgantown. Serving clients throughout the State of West Virginia, including Monongalia, Preston, Marion and Harrison Counties. The consultation is free, telephone consultations are available, and you pay no fee unless we recover.
This page is provided for general informational purposes about West Virginia law and is not legal advice. Reading it does not create an attorney-client relationship. Every case depends on its own facts, and past results do not guarantee a similar outcome.