Atlanta Brain Injury Lawyers Serving Georgia
Our Attorneys Can Help You File a Traumatic Brain Injury Lawsuit
Sustaining a traumatic brain injury (TBI) in an accident has the potential to change your life forever. Along with the physical, mental, and emotional toll a serious head or brain injury can take on you and your loved ones, the financial burden associated with the cost of your medical bills and treatment can have an extremely negative impact on your quality of life.
A brain injury can occur in almost any type of accident that involves a high-impact collision, from car crashes and tractor-trailer wrecks to motorcycle accidents and slip and falls. Whether you suffered a concussion (mild TBI) or a more severe brain injury, understanding what steps to take to recover full compensation for your damages can be confusing and overwhelming.
Insurance companies always want to pay you less than what your claim is really worth, and it can be difficult to calculate the true value of your case since you need to consider the long-term cost of your brain injury. The job of your attorney will be to advocate for your best interests and fight to secure a settlement or verdict that meets your needs not just now, but in the future.
At Gary Martin Hays & Associates, our caring and compassionate legal team understands how serious a traumatic brain injury claim is and what it means to the future of your health and finances. That’s why our Georgia brain injury lawyers take an aggressive stance with the insurance company and work hard to build the strongest possible case on your behalf.
“We had an awesome experience with this law firm. Our settlement was more than expected. Their team was friendly and very informational. Thank you for a great experience.” - Sandy E., ⭐⭐⭐⭐⭐
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FAQs for Georgia Brain Injury Claims and Lawsuits
Find answers to frequently asked questions about brain injury claims in Georgia. Use the links below to navigate:
- What are the different types of brain injuries?
- What are the symptoms of a traumatic brain injury?
- What should I do after a traumatic brain injury caused by someone else’s negligence?
- How do I know if my brain injury qualifies for a claim in Georgia?
- What types of accidents commonly cause traumatic brain injuries in Atlanta?
- How does Georgia's comparative fault law affect my brain injury claim?
- What compensation is available for brain injury victims in Georgia?
- How much is a brain injury lawsuit worth?
- How do I prove negligence in a traumatic brain injury case?
- How can a lawyer help with my brain injury claim?
- What are the long-term consequences of a traumatic brain injury?
- How long do I have to file a brain injury lawsuit in Georgia?
- What if my loved one died from a traumatic brain injury caused by negligence?
- Can I still file a claim if the brain injury symptoms appeared weeks after the accident?
- What should I expect during the legal process for a brain injury claim in Georgia?
- How do insurance companies try to minimize brain injury claims?
- What role does medical evidence play in a traumatic brain injury claim?
- Why is it important to hire a brain injury lawyer?
What are the different types of brain injuries?
If you suffer a blow to the head or your head shakes back and forth with enough force, it can result in bruising, swelling, or hemorrhaging of the brain. Common types of traumatic brain injuries include:
- Concussion (the brain impacts the inside of the skull)
- Brain contusion (brain tissue is bruised)
- Diffuse axonal injury (connective brain tissue is sheered as a result of the brain’s movement inside the skull)
- Coup-contrecoup injury (one side of the brain is damaged due to blunt force trauma while the opposite side is damaged from crashing into the skull)
- Penetrating skull injury (a foreign object penetrates the skull and brain)
- Anoxic brain injury (lack of oxygen to the brain)
Any severe head or brain injury will generally require an immediate trip to the hospital for diagnosis and treatment. To diagnose your traumatic brain injury, a doctor may order a CT scan or MRI. You may also be evaluated through a neurological exam or cognitive test.
Treatment can cover a wide range and will depend on the severity and type of brain injury you sustained. Generally speaking, you may need prescription medication, surgery, physical therapy, cognitive therapy, and/or treatment from specialists following a traumatic brain injury.
What are the symptoms of a traumatic brain injury?
The warning signs of a traumatic brain injury aren’t always immediately apparent. While you may suspect you suffered a brain injury if you were knocked out or lost consciousness, you might still have suffered a brain injury even if you don’t experience symptoms right away. Common signs that you may have sustained a brain injury include:
- Persistent headaches
- Feeling dizzy
- Vomiting or feeling nauseous
- Problems concentrating (e.g., you can’t focus on reading)
- Sensitivity to light
- Slurred speech
- Amnesia or memory loss
- Loss of taste or smell
- Disorientation
- Confusion
- Fatigue
- Ringing in the ears (tinnitus)
- Changes in mood or behavior (depression, anxiety)
If you’re experiencing any of these symptoms, it’s critical that you don’t wait to seek medical attention. You need to be examined by a licensed medical professional to ensure you receive an appropriate diagnosis and treatment.
What should I do after a traumatic brain injury caused by someone else’s negligence?
A traumatic brain injury (TBI) can turn your life upside down in an instant. Acting quickly and deliberately after the injury is critical to protecting your health and legal rights in Atlanta and throughout Georgia. Here’s what you should do:
- Seek Immediate Medical Attention: Even if symptoms seem minor, TBIs can worsen over time. Visiting an Atlanta-area hospital like Grady Memorial or Emory University Hospital ensures you receive proper treatment and creates essential medical documentation for your claim.
- Document the Incident: Take photos of the scene, collect witness information, and obtain any relevant police or accident reports. This evidence will help establish fault later.
- Follow Medical Advice: Strictly adhere to your doctor’s treatment plan, attend follow-up visits, and keep records of your care and expenses.
- Avoid Speaking with Insurance Adjusters: Insurers may contact you soon after the accident to minimize your claim. Decline to give statements without first consulting a lawyer.
- Contact a Georgia Traumatic Brain Injury Lawyer: An attorney can assess your case, guide you through the legal process, and advocate for fair compensation.
Taking these steps promptly can strengthen your case and make a significant difference in the outcome. A brain injury attorney can help you navigate the complexities of filing a claim and pursuing justice.
How do I know if my brain injury qualifies for a claim in Georgia?
Not every brain injury leads to a personal injury claim. To determine if your injury qualifies under Georgia law, consider the following:
- Negligence of Another Party: Did someone else’s actions, such as reckless driving or failing to maintain a safe property, directly cause your injury?
- Proof of Injury: Medical documentation, including diagnostic tests and evaluations from a doctor, must confirm your TBI.
- Causation: Can you link your injury directly to the accident or incident, such as a car crash on I-285 or a slip and fall at a local business in Atlanta?
- Damages Incurred: You must demonstrate financial losses, such as medical expenses, lost income, or ongoing rehabilitation needs.
If these factors are present, you likely have a valid claim. An attorney can help evaluate your situation and build a strong case for compensation.
What types of accidents commonly cause traumatic brain injuries in Atlanta?
Traumatic brain injuries often occur in preventable accidents caused by negligence. In Atlanta and across Georgia, common causes of TBIs include:
- Car Accidents: Crashes on busy Atlanta highways like I-20, I-75, and the Downtown Connector are a leading cause of brain injuries. Sudden impacts during collisions can cause the brain to hit the skull.
- Truck Accidents: Atlanta sees frequent accidents involving large trucks on major routes like I-285 and I-85. The force of these crashes increases the risk of catastrophic brain injuries.
- Slip and Falls: Falls on unsafe surfaces, such as unmaintained floors or walkways in Atlanta businesses, parks, or apartment complexes, can result in TBIs.
- Workplace Accidents: Industries like construction and manufacturing in Georgia often involve hazards like falling objects or unsafe conditions that lead to head injuries.
- Bicycle and Pedestrian Accidents: Atlanta’s growing pedestrian and cycling infrastructure still sees frequent accidents, often involving negligent drivers.
If you’ve sustained a brain injury in one of these scenarios, contacting a lawyer experienced in Georgia personal injury law can help you seek justice and compensation.
How does Georgia's comparative fault law affect my brain injury claim?
Under Georgia’s comparative fault law, your compensation may be reduced if you are found partially at fault for the accident that caused your brain injury. For example, if you are deemed 20% responsible, your total award will be reduced by 20%. However, as long as you are less than 50% at fault, you can still recover damages. A skilled attorney can help minimize any claims of fault against you to protect your compensation.
What compensation is available for brain injury victims in Georgia?
Victims of traumatic brain injuries may be entitled to compensation to address the financial and emotional toll of their injury. This can include:
- Medical Expenses: Compensation for hospital stays at facilities like Grady Memorial or Emory, surgeries, rehabilitation, medications, and future care needs.
- Lost Wages: Reimbursement for income lost during recovery and compensation for reduced earning capacity if you cannot return to your previous job.
- Pain and Suffering: Damages for the physical pain, emotional trauma, and diminished quality of life caused by your brain injury.
- Home Modifications: Costs to make your home accessible, such as installing ramps or other equipment for mobility.
- Loss of Consortium: Compensation for spouses or family members who suffer loss of companionship and support due to your injury.
Every case is unique, and the exact amount depends on the details of your injury and its impact on your life. A Georgia attorney can help ensure all damages are accounted for in your claim.
How much is a brain injury lawsuit worth?
While there is no such thing as a “minor” brain injury, the amount of compensation you’re eligible to recover through a claim will depend on the severity of your injury and the specific details of your case. If you suffer a traumatic brain injury as a result of someone else’s negligence, you may be able to recover compensation for:
- Current and future medical expenses, including doctor bills and the cost of long-term care
- Lost wages
- Loss of earning capacity
- Replacement services (e.g., housekeeping, childcare)
- Pain and suffering
- Loss of consortium
- Diminished quality of life
The true cost of your brain injury can easily add up to hundreds of thousands or even millions of dollars when every current and future expense is calculated. If you don’t know how much your brain injury claim is worth or if you received a settlement offer and you’re not sure if it’s fair, contact a lawyer for help. An experienced attorney can review the details of your case for free and give you an accurate estimate of what you’re legally allowed to pursue in compensation.
How do I prove negligence in a traumatic brain injury case?
Proving negligence is crucial in a brain injury case. To hold someone accountable under Georgia law, you must:
- Show Duty of Care: Establish that the at-fault party had a responsibility to act safely, such as a driver following traffic laws or a property owner maintaining safe premises.
- Prove Breach of Duty: Demonstrate that the responsible party failed in their duty through reckless, careless, or negligent actions.
- Link the Breach to Your Injury: Provide evidence, such as accident reports or medical records, showing the accident directly caused your brain injury.
- Document Damages: Present proof of financial losses, like medical bills, lost wages, and future care needs, as well as intangible losses, such as pain and suffering.
A skilled Atlanta lawyer can collect the necessary evidence and build a compelling case to help you pursue fair compensation.
How can a lawyer help with my brain injury claim?
Brain injury claims require navigating complex legal, medical, and financial issues. An Atlanta lawyer can provide critical support by:
- Investigating the Accident: Collecting evidence such as police reports from the Atlanta Police Department, witness statements, and expert testimony to establish liability.
- Valuing Your Claim: Ensuring all medical costs, lost wages, and emotional damages are accurately calculated.
- Negotiating with Insurers: Handling aggressive insurance companies and pushing back on lowball settlement offers.
- Representing You in Court: If a fair settlement cannot be reached, your lawyer can advocate for you in a Georgia court.
Hiring a lawyer allows you to focus on recovery while they handle the complexities of your case and fight for the compensation you deserve.
What are the long-term consequences of a traumatic brain injury?
The long-term consequences of a TBI can include cognitive impairments, memory loss, difficulty concentrating, and emotional changes like depression or anxiety. Physical effects may include chronic headaches, loss of motor skills, or permanent disabilities. These challenges can significantly impact a victim’s ability to work, maintain relationships, or enjoy life. Proper compensation accounts for these ongoing effects to support long-term recovery and care.
How long do I have to file a brain injury lawsuit in Georgia?
In Georgia, you typically have two years from the date of the accident to file a personal injury lawsuit for a brain injury. This time frame is governed by the state’s statute of limitations. Filing after the deadline may result in losing your right to seek compensation. It’s important to act quickly, as early legal action allows your lawyer to preserve evidence and build a strong case.
What if my loved one died from a traumatic brain injury caused by negligence?
If your loved one passed away due to a TBI caused by negligence, you may pursue a wrongful death claim in Georgia. Compensation can cover funeral expenses, medical bills, and the loss of financial and emotional support. Surviving family members, such as a spouse, child, or parent, are typically eligible to file the claim. Consulting an attorney can help you navigate this process and seek justice for your loved one.
Can I still file a claim if the brain injury symptoms appeared weeks after the accident?
Yes, you can file a claim even if TBI symptoms appear weeks after the accident, as delayed symptoms are common with brain injuries. Medical documentation linking your symptoms to the original incident is crucial for building your case. Timely medical evaluations and consultations with a lawyer can ensure your rights are protected and your claim is handled effectively.
What should I expect during the legal process for a brain injury claim in Georgia?
The legal process for a brain injury claim typically involves investigating the accident, gathering evidence, and filing a claim with the responsible party’s insurance. Your lawyer will negotiate for a fair settlement, but if an agreement cannot be reached, they may file a lawsuit and represent you in court. Throughout this process, you can expect to provide documentation, participate in discussions, and work closely with your attorney. Having legal representation simplifies this process and ensures your best interests are prioritized.
How do insurance companies try to minimize brain injury claims?
Insurance companies often attempt to reduce payouts by using tactics such as:
- Disputing Liability: Claiming their policyholder wasn’t responsible for the accident, even in clear cases of negligence.
- Downplaying Injuries: Arguing that your brain injury is less severe than diagnosed.
- Shifting Blame: Suggesting you were partially or fully responsible for the accident, which can reduce compensation under Georgia’s comparative fault rules.
- Delaying Claims: Prolonging the process to pressure you into accepting a lower settlement.
An experienced attorney can counter these tactics, ensuring your rights are protected and your claim is valued fairly.
What role does medical evidence play in a traumatic brain injury claim?
Medical evidence is crucial in demonstrating the severity of your brain injury and its impact on your life. Records from diagnostic tests, doctor evaluations, and treatment plans establish a clear connection between the accident and your injury. This evidence supports your claim for damages, including medical costs, lost income, and pain and suffering. Working with an experienced attorney ensures that all necessary medical documentation is gathered and presented effectively.
Why is it important to hire a brain injury lawyer?
Hiring a lawyer promptly after a brain injury is essential because:
- Evidence Is Time-Sensitive: Physical evidence, eyewitness accounts, and police reports are easier to collect immediately after the accident.
- Deadlines Apply: Georgia’s statute of limitations gives you two years to file a claim, but acting quickly ensures your case is strong.
- Insurance Companies Act Fast: Insurers may try to secure statements or settlements that harm your claim.
A lawyer protects your interests from the start. By contacting an Atlanta brain injury lawyer early, you can focus on healing while your attorney builds the strongest possible case for fair compensation.
Let a Brain Injury Attorney Be Your Voice for Justice
In a perfect world, you wouldn’t have to fight for the compensation you deserve after sustaining a traumatic brain injury. The reality is insurance companies are in business to make money, even if it’s at your expense. That’s not right, and it’s a big reason why we take pride in representing brain injury victims and their families.
Find out what our dedicated legal team can do for you. If you decide to hire us, we offer a Zero Fee Guarantee. That means we work for you on a contingency fee basis, and you pay nothing unless we win your case. Contact us today for a free, no-obligation consultation.
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