Traumatic brain injuries, or TBIs, happen when an individual suffers a strong blow to the head or strikes their head on a hard surface with a significant amount of force. Some of the most common TBIs include concussions, comas, and diffuse axonal injuries.
TBIs can have devastating short-term and long-term effects, including confusion, disorientation, and memory loss.
If you or a person you love suffered a TBI in a recent accident resulting from someone else’s negligence, you should consult with a knowledgeable Atlanta TBI lawyer right away. The skilled legal team at Atlanta Personal Injury Law Group can investigate your accident circumstances, determine your options, and pursue the compensation you deserve.
For a free case evaluation and legal consultation with a knowledgeable Atlanta TBI attorney, please call us at (833) 285-9467.
Why Should We Represent You in Your TBI Case?
If you or someone you care about recently suffered a TBI due to another person’s negligence, you want the best possible legal team advocating for your rights. The TBI attorneys at Atlanta Personal Injury Law Group can file a claim on your behalf with the at-fault party’s insurance company and pursue favorable settlement compensation. If the insurance company will not offer you a reasonable settlement amount, we can litigate and resolve your case in the state court system.
Our lawyers have recovered millions of dollars on behalf of our injured clients, and we are ready to pursue the compensation you need right away.
Our office is conveniently located at 1900 Century Pl NE, Suite 200A, Atlanta, GA 30345. Let us recover the monetary damages you need for your TBI.
How Much Is My Atlanta TBI Case Worth?
Determining how much your TBI case in Atlanta is worth involves several factors. These factors help with calculating the compensation you may be eligible to receive. The value of a TBI case often depends on the severity of the injury, the effects on your daily life, and the extent of medical treatment required.
- Medical Expenses – One of the primary components of compensation is medical expenses. This includes the cost of emergency room visits, hospital stays, surgeries, medications, physical therapy, and any future medical treatments you may need. TBIs often require extensive and ongoing medical care, which can be very costly.
- Lost Wages – If your TBI has caused you to miss work, you may be entitled to compensation for your lost income. This includes the income you have already lost and any future earnings you may miss out on if your injury prevents you from returning to work – or forces you to take a lower-paying job.
- Pain and Suffering – TBIs can cause significant physical pain and emotional distress. Compensation for pain and suffering addresses the non-economic damages associated with your injury. This type of compensation is more subjective and can vary greatly depending on the specifics of your case.
- Loss of Enjoyment of Life – A TBI can drastically change your ability to enjoy daily activities and hobbies you once loved. Compensation for loss of life enjoyment acknowledges the effect the injury has had on your quality of life.
- Permanent Disability – If your TBI results in permanent disability, you may be entitled to receive additional compensation. This type of damage considers how the injury affects your ability to perform everyday tasks and maintain employment long-term.
- Punitive Damages – In some cases, if the party responsible for your injury acted with extreme negligence or intentional harm, you may be awarded punitive damages. These damages are intended to punish the at-fault party and deter similar future conduct.
To determine the exact value of your TBI case, you should always consult with an experienced TBI lawyer in Atlanta. At Atlanta Personal Injury Law Group, we can evaluate all aspects of your case, gather necessary evidence, and negotiate with insurance companies to pursue the compensation you deserve.
TBI Causes and Locations in Atlanta
TBIs can happen in various ways, and some types of accidents are more likely to cause them. In Atlanta, the most common accidents that lead to TBIs include car accidents, falls, sports injuries, and assaults. Here’s a closer look at each type and where they commonly occur:
- Car Accidents – Car accidents are a leading cause of TBIs. These injuries can happen during collisions involving cars, trucks, motorcycles, or bicycles. High-speed crashes and accidents involving large vehicles like trucks are particularly dangerous. In Atlanta, busy roads like Interstate 285, Interstate 75, and the Downtown Connector are common sites for serious car accidents that can result in TBIs.
- Falls – Falls are another major cause of TBIs – especially among the elderly and young children. These injuries often occur in homes and public places. Slip and fall accidents can happen on wet floors, uneven surfaces, or stairs. In Atlanta, areas with a lot of foot traffic, such as shopping centers, restaurants, and grocery stores, are common locations for fall-related TBIs.
- Sports Injuries – Participating in sports and recreational activities can sometimes lead to TBIs. Contact sports like football, soccer, and hockey have higher risks due to collisions and falls. Even non-contact sports like cycling and skateboarding can result in TBIs from falls or crashes. In Atlanta, sports facilities, parks, and school athletic fields are typical places where these injuries occur.
Successfully Proving an Atlanta TBI Case
To successfully prove the legal elements of a traumatic brain injury (TBI) case in Atlanta, you need to establish four main elements: duty of care, breach of duty, causation, and damages. Here’s how to effectively demonstrate each element:
- Duty of Care – First, you must show that the at-fault party (i.e., defendant) owed you a duty of care. This means they had a legal obligation to act in a way that would not cause harm to others. For example, drivers on Atlanta’s busy roads have a duty to follow traffic laws and drive safely. Property owners, including those in popular areas like Buckhead or Midtown, must ensure their premises are safe for visitors. Establishing that the defendant had a duty to protect you from harm is the foundational step.
- Breach of Duty – Next, you must prove that the defendant breached this duty of care. This involves showing that the defendant failed to act as a reasonable person would have acted under similar circumstances. For instance, if a driver was texting and driving on Peachtree Street or a property owner ignored a hazardous condition at their establishment, they breached their duty. Evidence such as eyewitness testimony, surveillance footage, or expert opinions can help demonstrate this breach.
- Causation – After proving a breach of duty, you must show that this breach directly caused your TBI. This can be one of the most challenging parts of a TBI case. You need to link the defendant’s actions to your injury. In Atlanta, accident reports from local law enforcement, medical records, and expert testimony from neurologists or other medical professionals can be pivotal in proving causation. For example, a doctor may testify that your TBI is consistent with the type of accident you experienced, such as a high-speed collision on Interstate 285.
- Damages – Finally, you need to prove that you suffered damages due to your TBI. Damages can include medical expenses, lost income, pain and suffering, and lost quality of life. Detailed documentation of your injuries and their effect on your daily life is essential. You should keep records of medical treatments, bills, and any changes in your ability to work or enjoy life.
Common Types of Medical Treatment Following a TBI in Atlanta
After suffering a TBI in Atlanta, you may need various types of medical treatment to aid in your recovery and manage symptoms. Here are the most common types of medical treatment for a TBI:
- Emergency Care – Immediate medical attention is vital after a TBI. Emergency care involves stabilizing the victim, assessing the injury, and preventing further damage. This can include monitoring vital signs, ensuring adequate oxygen supply, and performing imaging tests like CT scans or MRIs to evaluate the extent of the brain injury.
- Surgery – In some cases, surgery may be necessary to treat a TBI. Surgical procedures can relieve pressure on the brain due to swelling, remove blood clots, repair skull fractures, or address any other physical damage to the brain. Neurosurgeons at hospitals like Emory University Hospital or Grady Memorial Hospital in Atlanta often perform these critical operations.
- Medication – Medications are commonly used to manage symptoms and complications of TBIs. These can include pain relievers, anti-seizure drugs, and medications to reduce brain swelling or prevent blood clots. In some cases, patients may need medications to address secondary issues like infections or anxiety.
- Rehabilitation – Rehabilitation is an important component of TBI recovery. Rehabilitation programs may involve physical therapy, occupational therapy, and speech therapy to help victims regain lost functions and improve their ability to perform daily activities. Facilities like the Shepherd Center in Atlanta focus on brain injury rehabilitation and provide comprehensive care tailored to individual needs.
- Cognitive Therapy – TBIs can affect cognitive functions such as memory, attention, and problem-solving skills. Cognitive therapy focuses on improving these functions through structured exercises and activities. Neuropsychologists and speech-language pathologists often work with patients to enhance cognitive abilities and develop coping strategies.
- Psychological Support – TBIs can also affect mental health, leading to issues like depression, anxiety, and post-traumatic stress disorder (PTSD). Counseling and psychotherapy can provide emotional support and help patients and their families cope with the challenges of living with a TBI.
The skilled legal team at Atlanta Personal Injury Law Group can seek the compensation you need for your past and anticipated medical costs.
Fighting the Insurance Company in an Atlanta TBI Case
Fighting the insurance company in an Atlanta TBI case can be challenging to do on your own. However, the experienced legal team at Atlanta Personal Injury Law Group can navigate the process and ensure you receive fair compensation. Here’s how we can fight the insurance company on your behalf:
- Gather Comprehensive Evidence – One of the first steps is collecting all necessary evidence to support your claim. This includes medical records, accident reports, eyewitness statements, and expert testimony. We will work with medical professionals to document the extent of your TBI and how it affects your life. Strong evidence is key to proving the severity of your injury and the other party’s liability.
- Accurately Calculate Damages – Insurance companies often try to minimize the amount they pay out by underestimating the value of your claim. We will thoroughly assess all your damages, including medical expenses, lost income, pain and suffering, and future costs related to your injury. By presenting a detailed and accurate calculation of your damages, we can counter lowball settlement offers.
- Negotiate Aggressively – Insurance companies are skilled negotiators, but so are we. We will handle all communication with the insurance company and negotiate aggressively on your behalf. Our goal is to secure a fair settlement that fully compensates you for your injuries and losses. We won’t settle for less than what you deserve.
- Prepare for Litigation – If the insurance company refuses to offer a fair settlement, we are prepared to litigate your case in court. We will build a strong legal strategy and represent you throughout the litigation process. Having a lawyer who is ready to go to trial shows the insurance company that we mean business, often encouraging them to offer a fair settlement to avoid court.
- Protect Your Rights – Throughout the process, we will ensure your rights are protected. Insurance companies may use tactics to pressure you into accepting a low offer or make statements that can harm your case. We will advise you on the best course of action and handle all of the legal aspects so you can focus on your recovery.
Steps to Take Following an Atlanta TBI
After suffering a TBI in Atlanta, it’s crucial to take specific steps to protect your health and legal rights. Here are the most important steps to follow:
- Obtain Incident Reports – Secure a copy of the incident report from the accident. This document provides an official account of what happened and can be essential evidence for your case. For car accidents, obtain a copy of the police report.
- Retain All Documents – Keep all documents related to your injury. This includes medical records, bills, insurance correspondence, and any other paperwork connected to your TBI. These documents help track your expenses and establish the effect of the injury on your life.
- Finish Your Medical Treatment Regimen – Follow through with your medical treatment plan completely. Attend all doctor appointments, therapy sessions, and follow-up visits. This step not only aids in your recovery but also provides a clear record of your medical condition and treatment.
- Consult with an Experienced Atlanta TBI Attorney Right Away – At Atlanta Personal Injury Law Group, we will guide you through the legal process, gather necessary evidence, negotiate with insurance companies, and ensure you receive fair compensation for your losses.
Frequently Asked Questions (FAQs) Answered By Our Atlanta Traumatic Brain Injury Attorneys
For personalized information based on your unique case circumstances, we invite you to contact our team for your free initial consultation. In the meantime, here are some of our most frequently asked questions. If you cannot find the answer you are looking for, reach out to our team of legal professionals today.
How Much Is My TBI Case Worth?
There is no way to accurately estimate how much a traumatic brain injury case might be worth without a thorough investigation. We always calculate a fair settlement value for each client's case as a part of building support for their claims or lawsuits. However, this requires analyzing medical records, interviewing experts, understanding the prognosis, and discussing future care needs.
No two cases are the same. If we represent you, we can calculate a settlement range for your case before we demand compensation from the insurer or take the case to trial. There is no way to accurately determine how much you might recover without receiving more details.
Will My Insurance Payout Cover My Future Care Needs?
Our attorneys handle catastrophic injury cases frequently. We understand how challenging it is to know you or your loved one may need a lifetime of care and support and will have to pay for the related expenses. This is why we are adamant about pursuing compensation for your future medical needs in addition to treatment costs to date.
Future treatment or ongoing care expenses add up quickly. While each injury and recovery differ, some require around-the-clock care. Other TBI victims may need lifts, ramps, wheelchairs, and other adaptive equipment. We know the strain these expenses can put on a family, and we do not believe you should have to shoulder the burden.
When someone’s careless or reckless behavior causes an accident and injuries, they should be responsible for the related expenses, both today and in the future.
Do I Need an Attorney to Recover Money in My Case?
Having a traumatic brain injury lawyer on your side can make recovering compensation in these accidents much easier. An attorney knows how the legal process works, how to build a case, and how to calculate a fair settlement value. Without a lawyer, the victim and their family would have to manage these steps on their own and possibly face a team of lawyers representing the other side.
What if My Loved One’s Injuries Prevent Them From Handling Their Claim?
Traumatic brain injuries often leave victims unable to manage their own affairs. Even in cases when they handle many everyday tasks, they might not have the capacity to make these decisions or understand the legal process.
Our team handles catastrophic injury cases regularly. We know how to approach these cases and what it takes to secure compensation. We help families like yours navigate the process and recover compensation for medical care, ongoing care and support, lost income, and other damages.
How Long Do I Have to Sue?
Generally, state law gives Atlanta TBI accident victims up to two years to begin a lawsuit. However, there are numerous reasons why you do not want to wait long to get started. The sooner our attorneys begin work on a case, the more evidence is available. This could make a significant difference in your case.
Imagine there is a video of a car accident that clearly shows the other driver running a red light. The video is from the surveillance camera at a nearby gas station. However, the system records over these videos every two weeks. Unless we identify this video and get a copy before this happens, this important evidence disappears.
Do I Have to Go to Court to Prove My TBI?
Most cases do not go to trial. They settle out of court with the parties negotiating a settlement agreement that works for both of them. Most victims never have to go to court to recover fair compensation for their injuries.
However, some circumstances call for a lawsuit, trial, and verdict. If our TBI injury attorneys believe it is in a client’s best interests to take their case to trial, we will do so. Sometimes, this is the only way to pursue the compensation they need and deserve for these catastrophic injuries.
Speak with an Experienced Atlanta TBI Lawyer Today
If you or a person you love suffered a TBI due to someone else’s negligence, you have legal rights and options available. The experienced legal team at Atlanta Personal Injury Law Group will fight aggressively for your rights every step of the way and pursue the compensation you need for your TBI and other accident-related losses.
For a free case evaluation and legal consultation with a skilled Atlanta TBI attorney, please call us at (833) 285-9467.
We proudly serve the entire Atlanta area, including neighborhoods like Brookhaven, Druid Hills, Buckhead, Chastain Park, Garden Hills, Piedmont Heights, Midtown, Downtown Atlanta, Grove Park, Inman Park, South Atlanta, East Atlanta Village, West End, and Atlantic Station.