If you or your loved has suffered brain injury or TBI, then you know the catastrophic nature of such injuries, and this impact it is going to have in the different aspects of your life.

You might notice simple tasks, communication, and simple calculations becoming a little challenging. There are also changes in expression or mood that will have you feeling like you are “not yourself.”

You might be overwhelmed with the thought of starting to follow up with the investigation of the accident that led to the injuries. This is why it is a good hire to get the help of a relentless Georgia injury lawyer at Shrable Law Firm who is going to help you with the process.

If you want to find more about your options and rights, give us a call on (229) 518-9209 and you will get a free consultation with our experienced team.

Table of Contents

Do I Have A Valid Brain Injury Lawsuit?

It is important to talk with the doctor in Georgia about any symptoms you might be having and also why you think you might have a traumatic brain injury.

There are 2 types of injuries we usually see in lawsuits;

  • The first one is because of an obvious injury like when someone crashes through the windshield or getting hit on the head by a box that is falling from the shelf of a grocery store.
  • The second is a little more complicated and tends to come from a low impact injury.

This is the reason why we are going to ask you after getting involved in an accident if you feel tingling, numbness, blurred vision, recurring headaches, or dizziness. You always need to discuss these issues with both the doctor and attorney. Never minimize the symptoms you are getting because you keep assuming that they will go away.

The Timeline for Filing a Brain Injury Lawsuit

Just like other personal injury lawsuits, a traumatic brain injury lawsuit needs to be filed within a given period after the injury. Most of these lawsuits usually have a period of two years. There might be different time limits for brain injuries as a result of malpractice or ones that end in a fatality.

The time from where it is counted and expire will depend on the facts of that specific case. When you talk to an attorney, it will help because they explain more about when you need to have the lawsuit filed.

A man with a head injury.

What is a Traumatic Brain Injury?

This refers to the damage of the brain tissue, which can be a result of a gunshot wound, a blow to the head from a fall, car crash, or an assault.

There are 2 types of head injuries;

Open

This is when an object like a bullet penetrates the skull. A type of damage a person can experience when it comes to head injury is focal impairment, or it could end up being something even more serious, but this is going to depend on the destructive path of the bullet or any other invasive object going through the brain.

Closed

This happens when there is a blow to the head of a person and results in a violent thrust of the head back and forth or side to side, which commonly happens during a car accident. This type of movement can cause the tearing of the blood vessels and also bruising the brain tissue, and this leads to the damage of the frontal and temporal lobes.

The recovery will be different from one person to another, but people severing from moderate-to-severe injuries will have a more challenging recovery process when compared to those suffering from mild injuries. Victims of mild TBI can quickly and fully recover, but if it is more severe, then you can expect the recovery process to take months or even years.

Brain injuries tend to be life-threatening. Careful diagnosis needs to be done by an expert. For special needs, educational consultants are usually brought in.

What are the Symptoms of Traumatic Brain Injury?

If a person suffers a blow to the head, they might start seeing the following symptoms after the incident. It is important to visit the doctor as soon as possible.

  • Nausea, vomiting, and dizziness
  • Period of unconsciousness
  • Neck or head pain
  • Confusion, seizures, disorientation, or impaired consciousness

What you might consider mild trauma can end up interfering with memory, which is why it is advised to see a doctor if you start to notice any symptoms days or weeks after the accident, even if you cannot remember whether you hit your head or not. Some TBI symptoms might not appear after the accident but will start to show up over after some time. Some of them include;

  • Nausea, vomiting, dizziness
  • Increase in pain in your head or neck
  • Fatigue and/or insomnia
  • A hard time, concentrating, remembering, or communicating
  • Depression, anxiety, or changes in your mood or expression.

These symptoms need to be treated the same way with symptoms that come immediately, visit the doctor as soon as possible. Some people will start noticing the symptoms weeks or even months, which makes it important to know the symptoms of TBI even if you think you did not sustain any serious injuries from the accident.

What are Common Causes of Traumatic Brain Injuries?

Brain injury experts at John Hopkins say there are many different causes in adults and children. The most common ones are those occurring from car accidents and falls.

There is a high risk of head injury in adolescents, and the frequency of such accidents in males is twice that of females. The spring and summer seasons are when these injuries are more frequent because the children are taking part in activities such as in-line skating, skateboarding, or riding bicycles.

The time that most head injuries are reported is late afternoon to early evening, and also the weekends. Some injuries are occurring in competitive sports such as football, soccer, hockey, and basketball which can lead to concussion and also post-concussive syndrome in both adults and children.

If during the accident there is a blow to the head or a whiplash-type injury which is usually common with car accidents, the brain is bruised and the blood vessels and internal tissue are damaged in what is known as coup-contrecoup. When there is direct trauma on an impact site, it is known as a coup lesion.

A man with a brain injury in a doctors office.

Contrecoup lesion is a bruise that comes up when the brain is jolted backward then it hits the skill on the opposite side. When the brain is jarred against the side of the skull, it can cause the tearing of the blood vessels, internal lining, and tissues, which can cause swelling, internal bleeding, or bruising of the brain.

This information can be hard for victims and the family to bear. Accidents are unavoidable, no matter how much you try avoiding them. At Shrable Firm, we have lawyers who will be there to provide their help to TBI victims and also the family so they can end up with the compensation they deserve from the negligent party.

TBI Statistics

Every year in the US, over 1.7 million people develop TBI. 275,000 of them are hospitalized, 52,000 ends in fatalities and the remaining 1.365 million get treatment and released from emergency rooms.
The causes of TBI can be broken down into the following;

  • 28 % – Falls
  • 20 % – Auto accidents
  • 19 % – Accidental collisions with objects
  • 11 % – Assaults

The number of people who suffer from TBI but have not visited the hospital to get the care needed is not known.

What are Other Categories of Brain Injuries?

Anoxic Brain Injuries

This is a brain injury occurring when there isn’t sufficient oxygen in the brain for a significant amount of time. This can be because of choking, drowning, or complications with the respiratory system. When there is no supply of oxygen to the brain for a long time, it results in the death of brain cells.

Concussions

This happens there is a hit to the cranium resulting in brain bruises. It leads to headaches, dizziness, vomiting, and memory problems.

Skull Fracture

This happens when there is a breaking of the bone surrounding the brain.

Diffuse Axonal Injury

This is a type of brain injury that occurs when the axons or connecting nerve fibers in the brain are severed when the brain in disrupted inside the skull.

Subdural Hematoma

This brain injury happens when there is a buildup of blood between the dura and brain tissues. Surgery might be needed to treat this condition.

Epidural Hematoma

This can happen when there is a buildup of blood between the top lining of the brain (dura) and the skull. Surgery is needed to treat this condition.

The National Institute of Neurological Disorders and Stroke have estimated that about half of people with brain injuries are going to need surgery to remove or repair the hematomas or contusions. Contusions are bruised brain tissues and hematomas are ruptured blood vessels.

There are common problems that have been associated with head injuries, based on severity and location are problems with;

  • Memory
  • Reasoning
  • Sight
  • Thinking
  • Depression
  • Anxiety
  • Personality changes
  • Smell
  • Touch
  • Hearing

You might not even notice head and brain injuries when they occur. You also don’t have to be out unconscious to suffer a brain injury. If you are involved in an accident in the state of Georgia like motor vehicles, falls, or other incidents where your head is affected, you need immediately seek medical attention before doing anything else.

An x-ray of a brain injury

Can I Get Compensation for Brain Injury Damages in Georgia?

If the brain injury was caused by an accident or incident involving reckless behavior by another person or organization, then you can seek compensation for the injuries you have suffered. The process of claiming compensation will involve the filing of the claim or lawsuit in court.

If you can prove that the negligence of another part resulted in your injury, you can end up with monetary damages that are going to cover the costs associated with TBI. Some of the losses covered by damages include;

  • Past medical bills, which include emergency care visits to the doctor, medications, and also the treatment of the injury.
  • Future medical bills, bills for ongoing hospital or doctor care and also physical therapy, occupational therapy, and other forms of therapy or rehabilitation.
  • The value of wages and benefits lost if the person cannot work as a result of the injury.
  • Non-economic damages for pain and suffering related to the brain.

If the brain injury ends up being a fatality, the damages to be awarded are going to depend on the type of wrongful death action filed. Between the two possible claims, the damages will be available for the death of the deceased, funeral and burial expenses, pain and suffering, and medical bills.

Challenges when Filing for Brain Injury Compensation in Georgia

TBI can lead to temporary or permanent brain damage. The thing that has made these types of cases challenging is the fact that the outcome of the lawsuit can be hard to predict because one case will vary from the other.

These cases do not fall under personal injury, but just like personal injury cases, they are a little hard to fight. Identifying brain injuries is not that easy, and this can make it easier for insurance companies to deny the claim.

Symptoms can also start showing up a couple of days or even weeks after the incident. There are some brain injury cases where the victim does not even remember the events leading up to the accident, which ends up complicating the case because establishing fault is not easy.

Can the Defendant and the Insurance Company Obtain Past Medical Records?

The law allows insurance companies to get your medical information whether relevant or irrelevant if you allow or not. It is a good idea to talk to use because having a personal injury lawyer when talking to the insurance company. We are interested in protecting our clients so their medical records are not given to anyone, especially insurance provides, without talking to us first.

We are going to monitor and control the release of information to make sure that unnecessary material is not going to affect the case. If something happens to you, the insurer will be there fast to get a recorded statement. They do this because they want you to sign away your rights through a quick settlement. It is important to take time to allow the symptoms to reveal themselves, especially traumatic brain injury.

What if the Insurance Company Terminates Care After Medical Examination?

We are going to help you. We will start by contacting the insurance provider and fight for you. Once we do that, we will file a lawsuit against the parties responsible. We usually try our best to get a settlement out of court. We are not afraid to fight hard for you because we have a large office that can fight for as long as possible to make sure you get the compensation you deserve.

How Are Brain Injury Cases Handled?

Ongoing treatment might be needed for a victim of brain injury. There is also therapy and emotional and physical struggle a victim has to deal with even when on treatment. We are going to do a though assessment of the situation and break down the costs.

We are going to look at medical injury costs, loss of employment costs and any other costs incurred. We also have a team of lawyers who are going to analyze the future loss of income and also future medical expenses. We are going to try our best to get you the maximum amount of compensation.

The Long-Term Cost of TBI

One thing that is common with these types of injuries is the massive medical bills. The process is very expensive, even though the medical system in America can do wonders in terms of treatment. If you don’t get compensation for the brain injury, you might be forced to bear these expenses, which isn’t right.

The lifetime costs of a TBI can be over $1 million, and only a small fraction of the population has the resources needed to handle these costs on their own. Why are these types of injuries expensive? This has to do with the fact that everything you are and what you do starts with your brain.

If there is damage to the brain, you might have to start re-learning even the basic tasks. The brain is important and very sensitive, which is why highly skilled and specialized medical professionals are going to be needed for the procedures. The equipment used for these types of procedures is usually expensive.

The costs of brain injuries include;

  • Physical therapy sessions over months or even years
  • Multiple and very complex procedures
  • Expensive medication, including painkillers
  • Loss of income in the long term because you cannot work the same way you did before the procedure
  • Psychological treatment and mental health

These are going to be needed if you are to recover from your injuries and live a normal and healthy life. These are expensive, and the insurance is going to hardly cover this.

Contact the Shrable Law Firm Today for a Risk-Free Consultation

Shrable Law Firm has Georgia brain injury attorneys ready to help in bearing the expensive burdens from your brain injury by pursuing justice and compensation you deserve from the negligence of another party.

There is no need to be burdened by the costs of medical treatment when the mistakes of another party put you in that situation. Contact our personal injury firm so you can get started with the Free Consultation. You can also contact us online at any time of the day.