One of the most devastating injuries that can occur is head or brain trauma. It can happen so quickly yet have a permanent and long-term impact on your life. Any impact to the head could cause a traumatic brain injury (TBI), even when the victim seems to recover quickly. Victims of head or brain injuries caused by the negligent actions of others need to be aware of their options. You may be eligible to seek compensation for the treatment and care of your injuries.
Attorney Dwayne L. Brown has over 30 years of experience helping injured victims and their families. We understand the impact that traumatic brain injuries can have on a family. If your injuries were the result of negligence, our Atlanta catastrophic injury lawyer can help you get the compensation you and your family need to recover physically, emotionally, and financially. Call the Law Office of Dwayne L. Brown today for a free case evaluation.
Causes and Symptoms of Traumatic Brain Injuries
When the head is jarred or impacted, the brain can move inside the skull. This motion can damage different areas of the brain, causing a variety of symptoms. According to Mayo Clinic, brain injuries may have immediate symptoms such as:
- Unconsciousness
- Seizures
- Headaches
- Dizziness
- Nausea
- Slurred speech
- Blurred vision or sensitivity to light
- Ringing in the ears
- Confusion or problems concentrating
- Sleepiness
- Mood changes or feeling anxious or depressed
With more severe brain injuries, these symptoms may last longer or intensify, such as losing consciousness for hours and headaches growing more painful.
You May Be Unaware You Have Experienced a Traumatic Brain Injury
However, not all TBIs are immediately apparent. The victim may seem to feel fine, yet symptoms occur over the next few days, weeks, or months. Following any strike to the head, you should see your doctor or medical professional as soon as possible. They can run tests to determine the extent of your head injuries.
Untreated, victims could fall into a coma, suffer permanent impaired cognition, or die.
Symptoms May Persist for Months to Years
According to the Centers for Disease Prevention and Control (CDC), TBI causes an estimated 30% of injury deaths in the U.S. Those who survive a TBI can be plagued with a variety of symptoms. Cognitive, emotional, and physical symptoms can continue for months or longer after the injury.
Brain injuries are also notoriously difficult to treat due to the complex nature of the damage. Those with a TBI may need ongoing therapy, medications, and other treatments for many years, or even the rest of their lives.
TBI and Head Injury Accidents
Any impact on the head can cause a traumatic head injury. Certain accident types and activities can result in the victim suffering a TBI. Such accidents include:
- Car accidents are a common cause of TBI. The head is violently jostled and can hit several hard surfaces inside the cab of the car.
- Workplace accidents can result in TBI when construction workers are hit in the head by equipment and falling objects.
- Medical errors during childbirth can cause brain injuries when the newborn is starved of oxygen.
- Slips and falls are another major cause of head injuries.
- Contact sports, such as football, are also a source of many head injuries.
Understanding the cause of your TBI allows us to investigate your accident and identify who is at fault for your injuries. The at-fault party could be another person or business, depending on the circumstances of your case. Once we know who is liable, we can address your requests for compensation from their insurers.
Compensation for Your Medical Care and Losses
When negligence is the key factor causing TBI, victims and their families have the right to pursue compensation to cover medical costs, lost income, permanent injuries and the impact on their quality of life. The severity of your TBI and your prognosis also influences the types of compensation you may claim and the value of your settlement agreement. A concussion may be a minor TBI, but your recovery could last months, requiring testing and treatment from multiple specialists.
The types of compensation in personal injury cases like a traumatic brain injury are typically categorized as economic and non-economic. Economic damages are fixed losses that have a set financial value attached to them. Non-economic losses represent your pain and suffering, mental anguish and overall quality of life. In your TBI case, you could claim:
- Medical bills for emergency room care, surgeries, and rehabilitative treatments
- Ongoing medical care and nursing services
- Lost income while you were home recovering from your injuries
- Lost earning potential if you can no longer return to work
- Home and vehicle modifications to accommodate your condition
- Pain and suffering, such as emotional distress and mental anguish
- Loss of consortium for the adverse changes in your relationships
- Loss of enjoyment if you can no longer do the hobbies and activities that once brought you happiness
- Disability
Our Atlanta traumatic brain injury attorney can calculate all the losses in your case and the compensation you may need in the future. Knowing the value of your losses, we can effectively negotiate with the insurance companies, ensuring you get the care necessary for your needs.
Call the Law Office of Dwayne L. Brown now for a free case evaluation.
Statute of Limitations Sets the Deadline in Your TBI Lawsuit
The statute of limitations is a legal deadline to file a lawsuit. In personal injury cases, it begins on the date of the accident and ends after two years, per O.C.G.A. § 9-3-33. There are exceptions that may shorten or lengthen that deadline, but it’s always a good policy to contact an attorney as soon as possible if you are considering hiring one.
Part of the reason you want to speak with an attorney as soon as you can is to protect your right to file a lawsuit. If this deadline passes, you may be unable to file a lawsuit, and your right to have a court decide on your accident injury case could be lost. Most personal injury lawyers use the threat of a lawsuit during settlement negotiations. Considering the high cost of such ventures, most insurance companies would rather settle out of court than face the legal fees and possible court award.
Another reason you should contact an attorney before this deadline is the time it takes to build a claim. Two years will go by fast. The sooner you contact an attorney the sooner they can speak with witnesses before their memories change or send spoliation letters to companies to preserve evidence.
How We Handle Atlanta TBI Claims
A traumatic brain injury claim can be an incredibly difficult process, and you already have enough on your plate. Your only goal right now should be your healthy recovery. To us, you and your needs come first. We provide a client-first focus to every case we handle.
When our Atlanta brain injury attorney manage a claim, you can count on us to do the following:
Start With a Free Consultation
We provide you with a free consultation. You can talk to us and tell us how your accident happened. This is where we start developing a personal relationship with our clients. What we feel makes us better than other brain injury lawyers near you in Atlanta is when our lawyer and clients work together as a team.
Thoroughly Investigating Your Accident
From gathering key documents, like the police report and medical records, to speaking with witnesses, our legal team will investigate your accident and compile the evidence that proves negligence in your case. We will take photographs of the accident scene, review dashcams and traffic cameras, even collect financial records so that we can build your case and pursue a fair settlement.
Negotiating With the Insurance Companies for a Fair Settlement
We do not advise accepting any settlement offer from the insurance companies without first having a lawyer review your case. The reason we say this is the initial settlement offer is often woefully insufficient to cover even your basic medical care. Without a thorough investigation into your accident and medical prognosis, you could be leaving substantial money out of your settlement agreement.
Our Atlanta TBI lawyer understands the tactics employed by the insurance companies. Armed with a comprehensive case file, we can effectively negotiate for your fair compensation.
We Will Be Ready to Take Your Case to Trial if Necessary
If we cannot reach a fair settlement agreement with the insurance companies, then we’re prepared to take your case to court. In fact, we prepare your case for court from day one.
Expert Testimony Is a Powerful Asset in Your Claim
A key component to our success is the testimony from our experts. Our experts include:
- Financial advisors who can assess the economic impact your injuries will have on your life.
- Medical providers who can explain your injuries, prognosis, and quality of life.
- Accident reconstruction specialists who can demonstrate how your accident occurred and identify the at-fault party.
Call the Law Office of Dwayne L. Brown For a Free Consultation
If you or a close family member has suffered a head or brain injury from a vehicle or workplace accident, contact the Law Office of Dwayne L. Brown in Atlanta. We also handle TBI caused by medical malpractice or premises liability issues. Your first consultation is free, so call our office today to learn more about your legal options.
