Brain Injury

Traumatic brain injuries can be caused by force, bumps, severe shaking, and penetrations. If you suffered a traumatic brain injury in an accident caused by another person or entity, you should discuss your situation with Van Sant Law. We may be able to help you. Our Atlanta brain injury lawyers represent victims throughout Georgia, and we can sign up your case electronically to protect your safety. Alternatively, we can visit you at your home if you prefer.

Head injuries may be closed or open. With closed head injuries, your skull is not broken. Closed head injuries may include minor concussions but can also include diffuse axonal injury, hemorrhage, edema, and loss of consciousness. With penetrating head injuries, the skull is broken, and an object enters the brain.

To diagnose your brain injury, your doctor will inquire about the circumstances of your injury. You will also be examined for signs of trauma like swelling. Doctors may use imaging tests, such as CT scans or MRI scans. The nature of your brain injury will determine how your doctor treats it. In some situations, medication may be sufficient. When an injury is serious, you may need to be put into an induced coma. Sometimes emergency or scheduled surgeries are needed to stop further brain damage. Rehabilitation may be required. Most people do not have enough savings to address treatment and rehabilitation for catastrophic brain injuries that permanently change a life. A brain injury attorney in Atlanta may be able to help you hold accountable those responsible for your losses.

It can take months or years to recover from a traumatic brain injury. The circumstances under which you sustained a brain injury will determine which theories we should pursue in court. If, for example, you sustained a brain injury in a motor vehicle accident caused by a driver who ran a red light, you will likely need to establish the driver’s negligence. Negligence occurs when someone fails to use the required standard of care, and someone else is injured as a result. For instance, if you were T-boned by a distracted truck driver at an intersection in which you had the right of way, you may be able to establish his negligence.

However, what must be shown in a premises liability lawsuit is different. If, for example, you were staying at a hotel and fell off a hotel balcony with an insecure railing, you may be able to recover damages in a premises liability lawsuit. In that situation, your Atlanta brain injury attorney would need to prove that it is more likely than not that the hotel owner had actual or constructive notice of the insecure balcony railing, yet they failed to repair it or issue warnings.

Georgia follows the rule of modified comparative negligence. The jury will look not only at the defendant's fault for your brain injuries, but also at whether you were partly to blame for them. The defendant and its insurer will look at your conduct carefully to try to establish your negligence. You cannot recover damages if you were 50% or more responsible for your brain injuries. Otherwise, your damages will be reduced by an amount equal to your percentage of fault.

If we can establish liability, you may be able to recover compensatory damages. When brain injuries are severe, your life may be dramatically changed, and it is important to work with an attorney who fully explores and presents all of your losses to an insurance adjuster or jury. Damages that may be recovered include medical bills, surgeries, lost wages, lost earning capacity, loss of consortium, loss of enjoyment of life, around-the-clock care, and pain and suffering.

If you sustained brain injuries in an accident caused by someone else, you should talk to the seasoned personal injury attorneys at Van Sant Law. We assist people throughout Georgia from offices in Atlanta, Alpharetta, Athens, Cumming, Duluth, Lawrenceville, and Gainesville. Call us at 855-GA-INJURY or use our online form.