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Brain Injury

Atlanta Attorneys Assisting Victims of Head Trauma 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 a brain and spine injury lawyer at 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, your head injury lawyer can visit you at your home if you prefer.

Brain Injuries

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.

Liability for Brain Injuries

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.

Comparative Negligence

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.


My Loved One Never Lost Consciousness. Could He or She Still Have a Brain Injury?

Yes. A traumatic brain injury can occur even when a victim does not lose consciousness. In fact, a brain injury can be severe even if it is not apparent on CT scans, MRIs, or other imaging studies. Victims may experience a range of symptoms, from a decrease in cognitive ability to physical impairments. In addition, victims of head injuries may have altered behavioral responses or may exhibit different emotional reactions. 

Who Has the Right to Bring Legal Action When a Traumatic Brain Injury Occurs?

Ultimately, anyone who suffered a brain injury because of another party’s negligence, or another party’s recklessness or carelessness, has the right to file a legal claim for damages. In addition, certain immediate family members may be able to file lawsuits on behalf of injured loved ones when victims lack the capacity to advocate for their own rights. It does not matter whether the head injury was sustained in a motor vehicle accident, in a workplace incident, in a premises liability accident, or other circumstances.  

What Kind of Recovery Should I Expect After a Traumatic Brain Injury?

Every head injury is different. Some traumatic brain injury victims will experience full recoveries, while others will have permanent disabilities impacting them for the rest of their lives. In some situations, a traumatic brain injury can lead to degenerative brain diseases such as Alzheimer’s, dementia, and Parkinson’s disease. A variety of factors can impact a victim’s prognosis, including age and overall health condition, as well as the severity of the brain injury sustained. If you or a loved one suffered a traumatic brain injury, it is important to make and attend doctor’s appointments and examinations for a period of time after the injury, and to follow medical advice and recommendations for treatment. 

What Are the Most Common Symptoms of Traumatic Brain Injuries?

There are several common symptoms that could indicate someone has suffered a TBI. These may not manifest immediately, so it is important to obtain medical treatment regardless how you are feeling right after the incident occurs. The most common symptoms include:

  • Confusion
  • Dizziness
  • Extreme fatigue
  • Blurred vision
  • Dilated pupil(s)
  • Vomiting and nausea 
  • Slurred speech
  • Difficulty walking
  • Numbness or weakness of the face or one side of the body
  • Convulsions or seizures
  • Loss of consciousness

What Can Cause a Traumatic Brain Injury?

Most traumatic brain injuries are caused by falling. However, brain injuries can also occur as a result of an automobile accident, an assault, or even contact sports. Any type of violent shaking, whiplash, or impact to the head can result in a TBI. These types of jarring forces can prove too much for the body’s natural cushion around the brain. In minor head injuries, victims may suffer concussions which, while serious, are more likely to heal relatively quickly without long-lasting damage. Unfortunately, serious hemorrhaging or tearing of the brain tissue can occur in more severe incidents. 

Is There a Time Limit to File a Brain Injury Claim?

The statute of limitations in Georgia for filing most types of personal injury claims, including brain injury claims, is two years from the date of the underlying accident or event. However, there are certain scenarios under which the time limit to recover compensation is shorter. Talking to a skilled head injury lawyer as soon as possible can help you protect your legal rights to obtain the compensation you are entitled to under Georgia law. 

What Type of Compensation Am I Entitled to Receive for a Brain Injury?

The amount of compensation you may be able to receive after a head injury depends largely on the nature and extent of your injuries and the expenses you incurred (and will likely continue to incur) as a result of the injury. Your head injury attorney can help you understand what your brain injury claim may be worth. The initial and ongoing medical costs associated with traumatic brain injuries can be exorbitantly expensive. In addition, head injury victims are often unable to work for at least a period of time and may need long-term, in-home care. 

Will the Responsible Party Have to Pay My Medical Bills? 

If another person’s negligence, carelessness, or reckless behavior resulted in your brain injury, that person is liable for paying your medical expenses and other associated losses. Your head injury attorney will work closely with you to understand the facts and circumstances surrounding your injury and will fight to hold the liable party financially responsible. 

Contact a Brain Injury Lawyer in Atlanta

If you sustained brain injuries in an accident caused by someone else, you should talk to a traumatic brain injury attorney 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.

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From the first time I called them to the current status of my case, has been by my side through it all. I would like to thank everyone in Van Sant Law for answering any questions that I have in a timely manner. I can personally say, Everyone in deserves recognition for being honest, hard working, ethical, logical, dedicated people. The only reason I rated them 5 stars is because it would not let me go higher! Hilary
I was in a car accident with a tractor trailer two years ago and David Van Sant came highly recommended for someone I could talk to about the situation. Best decision I've ever made! He fought for me in ways that was truly amazing. David and his crew worked so hard to come to a great conclusion on my case. Thank you David, Michael and everyone in the office. Mary
Attorney David M. VanSant is one of the best injury trial attorneys here in the Atlanta area. They are precise and unique in their approach. When I had my car accident, my whole world was turned upside down, but with Attorney VanSant and his team of professionals dedication and quality of service, my life is back on track. Let the VanSant team handle your case! You're in good hands. Crystal