Fighting For Victims of Head Trauma in Georgia
A traumatic brain injury (TBI) occurs when an external force causes brain dysfunction. This can result from a violent blow, jolt, or penetration of the skull that disrupts normal brain activity. TBIs range from mild concussions to severe brain trauma that leads to permanent disability or death.
Even a “mild” brain injury can cause significant cognitive, emotional, and physical impairments. In many cases, symptoms may not appear immediately, making it crucial for victims to seek prompt medical evaluation after any head trauma.
If you suffered a TBI in an accident caused by another person or entity, discuss your case with one of our brain injury lawyers at Van Sant Law. Our team may be able to help you. We can sign up your case electronically to protect your safety. Alternatively, we can visit you at your home if you prefer.
If you sustained a brain injury in an accident caused by someone else, talk to one of our attorneys at Van Sant Law. Our brain injury attorneys assist individuals throughout Georgia from offices in Atlanta, Alpharetta, Athens, Cumming, Duluth, Lawrenceville, and Gainesville.
How to Establish Liability for Brain Injuries
Determining liability for a traumatic brain injury involves understanding how and why the injury occurred. Many cases are based on the legal theory of negligence, which means that the person or entity responsible for your injury failed to meet a required duty of care.
Establishing negligence is essential for pursuing compensation, and it typically involves proving the following elements:
- Duty of care. The defendant must have had a legal duty to exercise reasonable care to prevent harm. For instance, drivers owe other motorists the duty to drive safely and follow traffic laws.
- Breach of standard of care. The defendant failed to meet the standard of care that a reasonable person would have exercised under similar circumstances. This breach could involve reckless driving, failing to maintain safe premises, or violating safety regulations.
- Causation. The injured party must demonstrate that the defendant’s actions, or lack thereof, directly caused their traumatic brain injury. Without the defendant’s negligence, the injury would not have occurred.
- Damages. Finally, the victim must show that they suffered damages due to the defendant’s negligence. In brain injury cases, damages typically include medical bills, lost wages, pain and suffering, and long-term rehabilitation costs.
Common Types of TBI
There are several forms of traumatic brain injuries, each varying in severity and impact. Common types include:
- Concussion: The most frequent type of TBI, caused by a blow or jolt to the head. Concussions can lead to headaches, dizziness, confusion, and memory loss.
- Contusion: A bruise on the brain tissue resulting from direct impact. Severe contusions may require surgery to relieve pressure.
- Diffuse Axonal Injury: Caused by strong rotational forces that tear brain structures. This type often leads to coma or long-term cognitive damage.
- Penetrating Brain Injury: Occurs when an object pierces the skull and enters the brain. These injuries are often catastrophic and life-threatening.
- Coup-Contrecoup Injury: When the brain is injured on both the side of impact and the opposite side, due to a strong collision or fall.
Each type of TBI requires specialized medical attention, and the long-term effects can differ dramatically depending on the location and severity of the injury.
The most common causes in Atlanta include:
- Motor Vehicle Accidents: Car, truck, and motorcycle crashes are a leading cause of TBIs, often resulting from high-speed collisions or rollovers.
- Falls: Slips, trips, and falls are especially common among older adults and workers in construction or industrial jobs.
- Sports and Recreational Accidents: Contact sports, cycling, and recreational activities can result in concussions or more serious brain injuries.
- Workplace Accidents: Workers in high-risk industries may sustain head injuries from falling objects, equipment malfunctions, or slips and falls.
- Violence or Assault: Gunshot wounds, physical assaults, or shaken baby syndrome can cause severe and permanent brain damage.
If your brain injury was caused by someone else’s careless or reckless behavior, you may have a valid personal injury claim.
The Process for Filing a TBI Claim
Filing a TBI claim requires a careful approach, as these injuries often involve significant medical expenses, long-term care, and lasting impacts on quality of life.
Listed are the main steps involved in filing a claim:
- Assess your case. The first step in the TBI claims process is determining whether you have grounds to file a claim. This assessment involves evaluating how the injury occurred and whether someone else’s negligence, recklessness, or intentional actions contributed to the injury.
- Determine the damages you suffered. In a TBI case, you can seek compensation only if you have incurred losses or expenses due to the injury. Identifying all your damages is crucial to building a strong claim.
- File a claim with the insurance company. Once you understand your damages, the next step is filing a claim with the at-fault party’s insurance company. The claim will include a demand for compensation based on your medical expenses, lost wages, and other damages.
- File a lawsuit if necessary. If negotiations with the insurance company do not result in a satisfactory settlement, your next option may be to file a lawsuit in court. At this stage, your attorney will prepare your case for trial, where a judge or jury will decide the outcome.
Filing a TBI claim can be a daunting process, especially when you are dealing with the physical, emotional, and financial aftermath of a serious injury. We can handle all aspects of your claim so you can focus on your recovery. From building a solid case to negotiating with insurers and advocating for your rights in court, we work tirelessly to pursue just compensation.
Why Choose Van Sant Law?
Our firm is committed to helping injury victims and their families secure justice. We understand the complexities of brain injury claims and fight tirelessly against insurance companies that try to minimize your recovery. When you work with Van Sant Law, you can expect:
- Compassionate, client-focused representation
- Thorough investigation and evidence collection
- Access to top medical and expert witnesses
- Aggressive negotiation and litigation strategies
- No fees unless we win your case
Long-Term Effects of Brain Injuries
Brain injuries can have devastating and long-lasting effects that impact nearly every aspect of a victim’s life. Depending on the severity of the TBI, long-term effects may include:
- Cognitive Impairments: Trouble with memory, attention, problem-solving, and decision-making.
- Physical Disabilities: Weakness, paralysis, chronic pain, or loss of coordination.
- Emotional and Behavioral Changes: Personality shifts, aggression, anxiety, depression, or emotional instability.
- Speech and Language Problems: Difficulty understanding or communicating clearly.
- Sensory Problems: Hearing loss, vision impairment, or sensitivity to light and sound.
Treatment options may include:
- Emergency medical care to stabilize the patient
- Surgery to remove clots, relieve pressure, or repair skull fractures
- Physical and occupational therapy
- Cognitive rehabilitation
- Speech and language therapy
- Psychological counseling
Recovery from a TBI can take weeks, months, or even years. In some cases, full recovery may not be possible—but financial compensation can help you access the best available care.
