WHEN IT GETS SERIOUS, CALL BERRY LAW.

The VA defines a Traumatic Brain Injury (TBI) as brain damage that happens when an outside physical force, such as a blast wave, a fall, or a car crash, causes an injury. Unlike other injuries, the VA evaluates a TBI claim based on how its long-term effects, known as residuals, impact your daily thinking, emotions, and physical ability, rather than focusing on how severe the first injury was. For a successful claim, a qualified medical professional or VA examiner must provide the official diagnosis and document the current residual symptoms.

No, not wearing a helmet does not automatically prevent you from recovering injury damages, but it can be used against you in court. In states with comparative negligence laws, like Nebraska and Iowa, the fact that you were not wearing a helmet can be used by the defense as a major argument. While it does not stop you from getting money for your overall claim, the insurance company may argue that your financial award should be lowered because your choice not to wear protective gear directly caused or worsened your head, face, and brain injuries. The jury could assign a percentage of fault to you for not wearing a helmet, which would then reduce your final compensation award based on the state’s negligence rules.

You may want to appeal your Effective Date if you believe the VA assigned a date that is later than the one supported by your records. A correct Effective Date can increase the amount of back pay you receive.

A wrongful death claim seeks compensation for economic and non-economic losses suffered by the surviving family. Recoverable economic damages include all medical bills incurred before death, costs for the funeral and burial, and the loss of future financial support the person would have provided to their dependents. The claim also covers non-economic losses like the loss of the deceased person’s companionship, comfort, and parental guidance. It is important to note that, under some state laws, surviving relatives cannot claim money for their own separate emotional trauma, but only for the losses derived from the deceased. The goal is to compensate the family for their loss.

The statute of limitations for child injuries can be complex and differs from standard adult timelines. In many jurisdictions, the clock for filing a lawsuit is "tolled," or paused, while the victim is a minor. This means the legal deadline to file might not begin to run until the child reaches the age of majority (18 or 21, depending on the state). However, relying on this delay can be a mistake. Evidence can disappear, witnesses' memories fade, and the sooner you initiate a claim, the stronger your position will be when negotiating with insurance companies. Because the rules vary significantly by location and specific circumstances, it is critical to consult with an experienced attorney as soon as possible to understand exactly when the legal deadline applies to your specific case.

A VA Effective Date is the date your disability compensation begins. It is important because it determines how much retroactive compensation, or back pay, you may receive.