If you or a loved one has suffered a TBI or brain injury, you are probably all too aware of just how such catastrophic injuries can invade all aspects of your life. Communication, simple tasks, or even calculations become increasingly challenging. Changes in your expression or mood can leave you feeling as though you are “not yourself.”
The idea of investigating the accident that caused your injuries or chasing down compensation might seem overwhelming. That’s why you need a skilled brain injury attorney in Columbus GA at the Shrable Law Firm to help you out. For additional information regarding your legal options and rights, don’t hesitate to call our personal injury lawyers at (762) 821-0051 for your free consultation.
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How Do I Know Whether I Have a Valid Brain Injury Lawsuit?
You need to communicate with your doctor regarding all the symptoms you are experiencing as well as why you believe that you have a traumatic brain injury.
We usually see 2 types of injuries in lawsuits
- The first one is from an obvious injury such as crashing through a windshield or being hit on the head by a box falling off a grocery store shelf.
- The second type is more complicated and usually comes from a much lower impact injury.
That’s the reason why our team in Columbus, GA, will keep asking you after the accident whether you have any tingling, numbness, reoccurring headaches, blurred vision, or dizziness. It is always important to discuss your issues with your doctor and attorney. Don’t minimize the symptoms simply because you assume they will go away.
What’s the Timeframe to File a Traumatic Brain Injury Lawsuit?
Traumatic brain injury lawsuits, like other personal injury lawsuits, have to be filed within a particular period of time after the injury occurs. The time period for most injuries in Georgia is 2 years. However, brain injuries caused by medical malpractice or that result in a fatality might have different time limits.
When the time limit starts to run and when it expires depends on the facts of each case. Talking to an experienced attorney can help you protect your opportunity for going to court if necessary.
What’s a Traumatic Brain Injury?
Traumatic Brain Injury (TBI) refers to damage of brain tissue, which the result of a blow to the head from a fall, gunshot wound, car crash, or an assault.
Head injuries are of 2 types:
It happens when an object such as a bullet penetrates the skull. Focal impairment is the type of damage that one might experience with an open head injury or it could be something more serious, but this will depend on the bullet’s destructive path or that of a different invasive object in the brain.
A closed head injury occurs after a person receives a blow to the head that violently thrusts their head from side to side or back and forth, which is typical in auto accidents. The movement can tear blood vessels and cause bruising of the brain tissue, which usually results in damaged temporal and frontal lobes.
Recovery can look rather different for people with moderate-to-severe injuries than for people with mild injuries. With regards to mild TBI, victims can fully and quickly recover, but if the injuries are more severe, recovery usually takes months if not years.
Brain injuries are often serious and life-threatening. Careful diagnosis has to be done by brain injury experts. Educational consultants often have to be brought in for special needs.
What Are the Symptoms of a Traumatic Brain Injury?
A person that has suffered a blow to the head might experience some or all of the symptoms immediately after the accident. A doctor should check out the following immediately:
- Nausea, dizziness, or vomiting
- Neck or head pain
- Any period of unconsciousness
- Confusion, disorientation, seizures, or impaired consciousness
Even mild trauma is enough to interfere with memory, which is why you should always see a doctor if any of the symptoms arise in the days or weeks after the accident, even if you don’t clearly remember whether you hit your head or not. Indications of a TBI that might not appear immediately but rather may develop over the course of several days include:
- Fatigue and/or insomnia
- Nausea, dizziness, or vomiting
- Increased or new neck or head pain
- Anxiety, depression, or other changes in expression or mood
- Difficulty concentrating, remembering, or communicating
Like the more immediate indications of a TBI, these symptoms too should be examined immediately by a doctor. They can take weeks or even months to develop in some patients, which is why you should always be aware of the TBI symptoms even if you don’t think that you sustained serious injuries in the accident.
What Are Some of the Causes of Traumatic Brain Injuries?
Brain injury experts at John Hopkins say that there are several causes of head injury in children and adults. However, common injuries occur from falls and car accidents.
The risk of head injury in adolescents is incredibly high and actually two times more frequent in males than in females. Studies also reveal that during summer and spring seasons had injuries occur more frequently when children participate in more outdoor activities such as skateboarding, in-line skating, or riding bicycles.
The time most commonly associated with head injuries is from late afternoon to early evening as well as on weekends. A head injury that occurs in competitive sports such as soccer, football, basketball, and hockey may result in concussion as well as post-concussion syndrome for both children and adults.
If there’s a direct blow to the head or a whiplash-type injury the brain can suffer bruising as well as damage to blood vessels and internal tissue is due to a mechanism known as coup-contrecoup. A coup lesion is a bruise that’s directly related to trauma at the impact site.
When the brain is jolted backward, it can hit the skull on the opposite side thus causing a bruise that’s known as a contrecoup lesion. As previously mentioned, the jarring of the brain against the sides of the skull may lead to tearing of the internal lining, blood vessels, and tissues that may lead to internal bleeding, swelling, or bruising of the brain.
Understandably, such information can be a lot for victims as well as their families to bear. However, because accidents are unavoidable, as hard as you may try, the lawyers at Shrable Firm are ready and willing to help TBI victims as well as their families secure the compensation they are entitled to from the negligent parties.
Over 1.7 million people in the USA develop a TBI every year. Of those, 275,000 are hospitalized, 52,000 suffer fatalities, while 1.365 million receive treatment and are released from an emergency rom.
The following is a rough breakdown of the leading causes of TBI:
- 11 percent from assaults
- 19 percent from accidental collisions with objects
- 20 percent from auto accidents
- 28 percent from falls
However, the number of people with TBI not seen in an emergency department or who don’t receive any care is not known.
What Are Other Categories of Brain Injuries?
Anoxic Brain Injuries
It is a type of brain injury that occurs when the brain lacks sufficient oxygen for a significant amount of time. It can happen due to drowning, choking, or other respiratory system complications. A sustained lack of oxygen causes the death of brain cells.
A concussion occurs when a hit to the cranium bruises the brain. It leads to dizziness, headaches, memory problems, and vomiting.
A skull fracture occurs when the bone surrounding the brain breaks.
It results when there’s a buildup of blood between the brain tissues and the dura. Surgery may be required to treat it.
Diffuse Axonal Injury
A diffuse axonal injury happens when the brain’s long connecting nerve fibers or axons are severed by a disruption of the brain inside the skull.
It may occur when there’s a buildup of blood between the skull and the brain’s top lining (dura). Surgery may also be required to treat it.
The National Institute of Neurological Disorders and Stroke estimates that about 50 percent of severely injured patients with head injuries will require surgery to repair or remove contusions or hematomas. Hematomas are the ruptured blood vessels while contusions are the bruised brain tissues.
The most common problems associated with head injuries, based upon location and severity are problems with:
- Personality changes
Head and brain injuries might not be necessarily apparent immediately after they occur. To suffer a brain injury, you don’t have to be knocked unconscious. If you are in an accident such as a fall, motor vehicle accident or other incident where the head is affected, it is important to seek medical attention immediately.
Can I Receive Compensation for Brain Injury Damages in Columbus?
If your traumatic brain injury was the result of an accident or other incident caused by reckless behavior, another organization or individual may be responsible for compensating you for the injuries you sustained. The pursuit of compensation involves filing an insurance claim or lawsuit in court.
If you are able to prove that it was the negligence of the other party that caused your injuries, you might secure monetary damages to cover the significant costs associated with a TBI. Damages usually cover losses such as:
- Past medical bills, which include bills for doctor’s visits, emergency care, medications, surgeries, as well as other treatments for your brain injury.
- Future medical bills, which include bills for ongoing hospital or doctor care and bills for occupational therapy, physical therapy, and other types of rehabilitation or therapy.
- The value or benefits and wages lost if you are unable to work due to the brain injury.
- Non-economic damages for brain injury-related pain and suffering
If a traumatic brain injury results in a fatality, the available damages will depend on the type of wrongful death action brought. However, between the 2 possible claims, damages are available for the loss of life to the deceased, pain and suffering, funeral and burial expenses, as well as medical bills.
What Challenges Exist in Filing Brain Injury Compensation Claims in Georgia?
Traumatic brain injuries may lead to either permanent or temporary brain damage. Brain injury cases tend to be challenging and unique with the outcomes of lawsuits being hard to predict since every case is different.
Brain injury cases are legally categorized under personal injury, but like other personal injury cases, they aren’t east to fight. It is not easy to identify brain injuries and due to this fact, insurance companies might attempt to deny the claim.
Besides that, the symptoms of brain injury sometimes show up days if not weeks after the accident. In some brain injury cases, the victim might actually have little or no recollection of the events that transpired and this can make it more difficult to establish fault.
Is It Possible for the Insurance Company and the Defendant to Obtain My Past Medical Records?
Insurance companies are legally allowed to obtain all your medical information whether relevant or irrelevant if you sign a waiver to allow this. We strongly advise you to engage us or any other personal injury lawyer before you talk to an insurance provider, including your own. We don’t want any current or future client of our law firm to give out their medical records to anyone, particularly insurance providers, without first seeking our advice.
We will control and monitor the release of any information to ensure that unnecessary material doesn’t cloud our case. If something bad happens to you, your insurance company will be right there to take a recorded statement. The goal is to lead you into signing away your rights with a quick settlement. In all cases, and in particular a traumatic brain injury, you should always take time to allow all the symptoms to reveal themselves.
What If Care is Terminated by the Insurance Company after a Medical Examination?
The Shrable Law Firm will help you. The first step will be to contact your insurance provider to fight on your behalf. After that, we will file a lawsuit against the responsible party. Our goal is always to reach a settlement before going to court. We aren’t afraid to fight for your rights and we have such a large office that we can afford to sustain the fight for as long as it might take.
How Are Brain Injury Cases Handled?
A victim of a brain injury may require ongoing medical treatment and therapy and a lifetime of physical and emotional struggle is possible even with treatment. Our attorneys near Columbus will do a thorough assessment of your situation and provide you with a detailed analysis of the costs.
We will discuss loss of employment costs, medical injury costs, along with other costs that you have incurred. Our lawyers will also analyze future medical expenses as well as future loss of income. We work hard to maximize the amount of compensation that our clients receive.
What’s the Long Term Cost of a Traumatic Brain Injury?
The uncomfortable truth about brain injuries or even other significant medical trauma is that they almost always result in massive medical bills. While the medical system in America can do wonders when it comes to treatment, it is still quite an expensive process. In the absence of compensation offered from a brain injury, you can easily find yourself having to bear the expenses yourself, which is not right.
The lifetime treatment costs for a severe traumatic brain injury can easily exceed $1 million and only a handful of people have the resources to handle such massive costs themselves. But why are brain injuries usually so expensive? Because everything you are and everything you do actually starts with the brain.
If the brain is damaged, you will often be required to re-learn even the most basic tasks. Since the brain is so sensitive and important, treating it requires highly skilled and specialized medical professionals and equipment. Such equipment and professionals don’t work cheaply.
The costs of brain injuries may include:
- Lengthy physical therapy sessions
- Multiple, highly complex surgical procedures
- Expensive prescription medication, which includes painkillers
- A loss of long-term income, which is the result of your inability to work as you did prior to the procedure
- Mental health and other psychological treatments
All these are necessary for you to have any chance of recovering from the brain injury and living a full, healthy life. Unfortunately, they are expensive, and insurance hardly covers it.
Contact a Brain Injury Lawyer in Columbus at The Shrable Law Firm Today!
The Columbus brain injury attorneys at the Shrable Law Firm will help you bear these expensive burdens by helping you pursue the compensation and justice that you deserve as a victim of another party’s negligence.
Don’t let yourself be buried under a mountain of medical bills when it was another party’s mistakes that put you in this unfortunate situation. Contact our personal injury firm today for your Free Consultation. You can eve use our online case form or chat service to submit your information.