Brain Injury Attorneys in Atlanta Helping Victims Obtain the Compensation to Which They Are Entitled
Individuals who are the victims of a serious accident, including a slip and fall accident, motor vehicle collision, pedestrian accident, or bicycle accident, may suffer a concussion or other brain injury that can only be diagnosed by a healthcare provider.
Brain injuries—even traumatic brain injuries—are not always obvious on the surface. In fact, the symptoms of these injuries can sometimes take many days or weeks to manifest. Moreover, these types of injuries do not always have visible symptoms, and there may not even be a wound on the person’s head. However, both the short and long-term consequences of a brain injury can be severe and devastating—both for the accident victim as well as the accident victim’s loved ones.
If you or someone you care about has been injured in an accident that was not your fault, you may be eligible to recover monetary compensation for the injuries which you suffered. The Atlanta brain injury lawyers at Brauns Law Accident Injury Firm can review your case and assist you with pursuing a personal injury claim or lawsuit against the at-fault person or entity.
We can also file a claim for damages on your behalf and assist you with pursuing the monetary compensation you deserve for your brain injury. Please give our Atlanta personal injury lawyers a call today to learn more about how we can assist you with pursuing monetary compensation in your case.
Types of Brain Injuries
Brain injuries can lead to both short and long-term symptoms. If you believe that you suffered a head or brain injury in an accident, such as a motor vehicle collision or bicycle accident, the best thing you can do for yourself is to seek medical treatment right away.
Generally speaking, the earlier you obtain medical treatment, the better off you will be. A healthcare provider may examine you and determine whether or not you are suffering from a head/brain injury. If you are, the healthcare provider can start you on the necessary course of treatment for your injury. Some of the most common types of brain injuries that an accident victim may suffer include the following:
Traumatic Brain Injuries (TBIs)
A traumatic brain injury typically results from a strong blow or jolt to the accident victim’s head. These types of head injuries are especially common after a fall accident or a motor vehicle collision. A TBI can cause an accident victim’s brain to move around inside the head and to strike the front and/or the back of the accident victim’s skull. This movement can disrupt the brain’s “internal wiring” and can lead to both short and long-term deficits.
A concussion may happen when an accident victim’s brain suffers a bruise because of an impact to the cranium. They can result often result in victims experiencing dizziness, headaches, memory problems, and sometimes vomiting.
Anoxic Brain Injuries
An anoxic brain injury can happen when the accident victim’s brain is deprived of the oxygen it needs for a long period of time. When the brain does not receive a normal amount of oxygen, brain cells will begin to die.
A skull fracture can result from a strong impact to the accident victim’s head, where one of the bones that surrounds the brain is broken.
Diffuse Axonal Injury
An accident victim may suffer a diffuse axonal injury when the nerve fibers or axons of the brain (i.e. the brain’s internal hardware) are severed. An injury of this kind can result in the accident victim suffering a permanent disability or falling into a coma.
An accident victim may suffer from a subdural hematoma when there is a buildup of blood between the dura (i.e. the upper lining of the accident victim’s brain) and the brain tissue. In some instances, correcting a subdural hematoma may require surgery.
An accident victim may suffer an epidural hematoma when there is a buildup of blood between the dura and the skull. Just like with a subdural hematoma, treating an epidural hematoma may require surgery to correct.
Symptoms of Brain Injuries
The different types of brain injuries mentioned above may come with a variety of significant short and long-term symptoms and deficits, depending upon the circumstances.
Some of the most common symptoms associated with brain injuries suffered in a serious accident include the following:
- Problems with memory or thinking
- Difficulties reasoning through problems
- Problems with sight and/or hearing
- Problems with taste, touch, or smell
- Symptoms of severe anxiety or depression
- Changes in the accident victim’s personality
- Comatose or vegetative state
Given that the symptoms of a brain injury are not always evident right away, it is important that you seek medical treatment as soon as possible after your accident. If you are, in fact, suffering from a head or brain injury, you can begin to receive the treatment you need to start you on the road to recovery.
Common Causes of Brain Injuries
One or more brain injuries can occur after being involved in an accident. If you or someone you love suffers a brain injury in an accident that was caused by another person’s carelessness, recklessness, or negligence, then you may pursue a personal injury claim against the person or persons who caused the accident.
Some of the most common types of accidents that can result in traumatic head and brain injuries include the following:
- Serious motor vehicle collisions involving cars or trucks—especially where a person strikes his or her head on something in the vehicle, such as the headrest or steering wheel
- Slip and fall accidents—especially where the accident victim strikes his or her head on the ground
- Motorcycle and bicycle accidents—even in cases where the accident victim is wearing a helmet at the time the accident occurs
- Sports-related injuries—especially where the accident victim suffers a concussion after striking the ground or being struck by another player
- Medical malpractice—where medical negligence or some other kind of medical mistake results in a complication to the accident victim’s head or brain
If you believe that you or your loved one has suffered a brain injury resulting from someone else’s negligence, then you should contact the Atlanta brain injury lawyers at Brauns Law Accident Injury Firm as soon as possible. We can review your case and take the necessary legal actions on your behalf, allowing you the time you need to recover from your head injury.
Potential Defendants in a Personal Injury Case Arising Out of a Brain Injury
If you or a person you care about has suffered a head or brain injury in an accident that another person caused, you have the right to file a personal injury claim or lawsuit against the negligent person/entity for damages.
In the case of a car or truck accident that occurred because of negligent or reckless driving, for example, you may file a claim or lawsuit against the driver who caused the accident. In some cases, you might even name the driver’s employer in the lawsuit, such as when the driver is operating the vehicle within the scope of his or her employment.
If you suffer your head injury in a slip-and-fall accident, or because of inadequate security on the premises, you may file a claim or lawsuit against the owner of the premises—and/or against the property manager—for negligence.
If you are injured while operating a motorcycle or bicycle, or while you are a passenger on a motorcycle, you may file a claim against the negligent motor vehicle operator who caused the accident that led to your head injury. Sometimes, however, these accidents occur because of road defects and product defects. If the accident occurred because of a road defect, then you may file your claim against the entity that is responsible for road maintenance in the area, such as the city or municipality. If the motorcycle or bicycle was defective, and that defect led to the accident, then you may assert a product liability claim against the manufacturer or distributor.
If your head injury resulted from a sports injury (especially in the case of a student or other young person), you may assert a claim against the coach, school board, or school district responsible for supervising the sporting event. These types of actions are especially common in cases where a coach allows an injured player to return to practices or games too quickly following an injury.
Finally, if you can demonstrate that your head injury stemmed from medical negligence or malpractice, then you may assert a claim or file a lawsuit against the responsible healthcare provider. The Atlanta brain injury attorneys at Brauns Law Accident Injury Firm will determine the identity of all potentially responsible parties and can file a claim or lawsuit against those parties on your behalf.
Filing a Claim for Damages in Brain Injury Cases
The injured accident victim who suffers a head or brain injury is responsible for proving negligence on the part of another party, as well as entitlement to damages. In other words, the accident victim must show that the responsible party acted in an unreasonable manner under the circumstances and that it was this negligent behavior that directly led to the brain injury and related damages.
Head and brain injuries are unique in that they can lead to long-term damages that may impact an accident victim for many months and years to come. For example, the victim of a serious brain injury may have permanent memory difficulties or may lose a sense like taste or smell. Although no amount of money can truly compensate a brain injury victim for such a loss, money is the only means available to try and relieve some of the financial burdens that the accident victim incurs.
Potential damages in brain injury cases include economic and non-economic damages. While economic damages are in place to compensate brain injury accident victims for the economic costs associated with their injuries (e.g., high medical bills, lost wages, and other out-of-pocket financial costs), non-economic damages cover the costs that do not necessarily have a price tag associated with them.
Non-economic damages include compensation for all of the pain and suffering which the accident victim has to endure following an accident, including inconvenience, permanency (i.e. for permanent damages, such as for the loss of one of the five senses), disability, mental anguish, emotional distress, permanent inability to work, and loss of spousal support and companionship.
The experienced Atlanta brain injury attorneys at Brauns Law Accident Injury Firm will work to help you pursue all of the financial recovery to which you are entitled following your head or brain injury. In addition to bringing the necessary claim or lawsuit against the at-fault person or persons, we will advocate for your right to the most monetary compensation available to you under the circumstances.
Atlanta Brain Injury Frequently Asked Questions FAQs
A brain injury results from trauma or force to an accident victim’s head. This head trauma can happen in different types of serious accidents, ranging from motor vehicle accidents to bicycle accidents, slip and fall occurrences, and pedestrian accidents. Victims of these accidents may suffer a traumatic brain injury that has the potential to produce lifelong consequences.
What makes brain injuries difficult to diagnose is that they are not always obvious from the outset. In fact, it may take days or even weeks for visible symptoms to manifest, and an accident victim may not even be aware that he or she is suffering from a brain injury until a long period of time passes. Consequently, one of the most important steps that an accident victim can take is to seek prompt medical attention, most especially if there was a head injury involved in the accident.
If you or a loved one has suffered a head injury in an accident that was caused by another person’s carelessness, recklessness, or negligence, speak with a qualified legal professional as soon as possible. An Atlanta brain injury lawyer can handle all of the legal aspects of your personal injury case while you or your loved one concentrate on recovering from the injuries. In addition to filing a claim or lawsuit against the at-fault party on your behalf, an Atlanta brain injury lawyer can also pursue monetary compensation that will assist you in recovering the damages that you deserve for your head injury.
What are some of the most common symptoms of brain injuries?
Symptoms of brain injuries are sometimes difficult to recognize. However, certain symptoms generally indicate injuries to the head and/or to the brain. The symptoms include problems with reasoning, memory issues, and problems with the senses, including touch, taste, smell, hearing, and sight. In addition, an accident victim who has suffered a brain injury may experience severe anxiety or depression. Victims of brain injuries may also notice changes in their personalities.
In the worst-case scenario, a brain injury may cause an accident victim to fall into a permanent vegetative state, which can later lead to death. Victims of recent accidents who have experienced one or more of these symptoms should immediately seek medical treatment to determine whether or not they are suffering from a serious brain injury.
What are some common types of brain injuries sustained by victims of serious accidents?
Victims of serious accidents can suffer brain injuries that produce both short-term and long-term consequences. Given that brain injuries can be difficult to diagnose, it is recommended that you seek treatment as soon as possible after your accident, so that a knowledgeable healthcare provider can fully diagnose your medical condition and determine whether or not you suffered a head or brain injury in your accident. After performing a physical examination, including imaging studies, a healthcare provider can determine if you suffered an injury to your head, and if so, can render the necessary medical treatment that you need.
Keep in mind that not all head and brain injuries are the same. These types of injuries can vary in their severity and in the consequences that result. Some common types of head and brain injuries suffered by accident victims include:
- Concussions – An accident victim can sustain a concussion when an impact to the cranium causes the accident victim’s brain to bruise. As a result of suffering a concussion, an accident victim might experience severe headaches, memory difficulties, dizziness, and vomiting, among other symptoms.
- Fractures to the skull – A fracture to the skull occurs when one or more of the bones that surround the accident victim’s brain suffer a break. These injuries typically happen when there is a strong blow applied to the accident victim’s head.
- Anoxic brain injury – This injury occurs when an accident victim’s brain is denied over a significant period of time the necessary amount of oxygen that it needs, causing brain cells to die off.
- Hematoma (subdural) – When there is a significant amount of blood buildup between an accident victim’s brain tissues and the brain’s upper lining, the accident victim may sustain an injury called a subdural hematoma. This often leads to surgery.
- Traumatic brain injuries (otherwise known as TBIs) – Some brain injuries occur when there is a strong jolt or amount of force applied to an accident victim’s head. This force can occur when an object strikes the accident victim’s head or when the accident victim’s head strikes something hard, such as the ground. A traumatic brain injury occurs when the accident victim’s brain moves around inside his or her skull, causing the brain to strike either the front or the back of the skull. In the process of this movement, the internal wiring of the brain could become disrupted, consequently affecting the brain’s internal functions.
- Diffuse axonal injuries – These brain injuries occur when the actions or nerve fibers in the brain, which act as the brain’s internal hardware system, are cut. As a result of a diffuse axonal injury, the accident victim may suffer a coma and/or be saddled with a lifelong disability.
How do severe brain injuries typically occur?
The potential causes of a brain injury are almost as numerous as the types of brain injuries themselves. However, one of the most common causes of a severe brain injury is a severe accident. If another person or entity’s recklessness, negligence, or carelessness caused the accident in which you or your loved one suffered a brain injury, then the at-fault person or entity may be liable. The standard for liability is whether or not the at-fault person behaved reasonably under the circumstances that existed at the time of the accident. If the evidence shows that the at-fault person did not behave reasonably, then he or she can be liable for damages resulting from the accident victim’s injuries. This includes brain injuries.
Some examples of accidents that can lead to a head or brain injury include:
- Premises accidents – When an individual suffers a head injury in an accident that occurs on someone else’s property, such as a slip-and-fall accident where the accident victim sustains a blow to the head, a serious brain injury can follow.
- Medical negligence – Health care providers owe a duty to their patients to act in accordance with prevailing medical standards and to provide reasonable medical care at all times. When a healthcare provider is negligent and/or makes a serious medical mistake that results in an injury to the victim’s brain, then the provider may be liable for all of the damages that result.
- Bicycle accidents – Motor vehicle operators have a duty to be on the lookout for bicycle operators who are on or near the road. What a motor vehicle driver negligently strikes a bicyclist, causing the bicyclist to suffer a head or brain injury, then the negligent motor vehicle driver may be liable for the resulting damages.
- Motorcycle accidents – Similarly, when the driver of a car or truck negligently strikes a motorcyclist and brings about injuries, then the negligent motorist may be liable for any and all resulting damages.
- Motor vehicle collisions – Car and truck operators owe a duty of care to all other motorists on the road to operate their vehicles in a careful and prudent manner while driving. Whenever a motor vehicle operator violates a traffic law, such as driving over the speed limit or engaging in distracted driving, and causes an accident, then the at-fault driver can be responsible for any injuries (including brain injuries) that result.
A knowledgeable brain injury attorney in Atlanta can assist you with making a claim against the at-fault person or entity in your case and can help you pursue the monetary damages that you need and which you deserve.
How do I prove that I am entitled to damages for a brain injury?
To demonstrate that you are entitled to recover damages for a brain injury, you must demonstrate that the at-fault person’s negligence caused your accident. To demonstrate negligence, you must show that the at-fault person or entity owed you a duty of care in the first place, that he or she violated that duty of care, and that the accident occurred as a result. In addition, you must show that your brain injury directly resulted from the accident.
If you suffered your brain injury in a motor vehicle collision, for example, you must show that the at-fault driver did something that a reasonable motor vehicle operator would not have done (such as driving a motor vehicle while intoxicated), or that the driver failed to do something that he or she should have done (such as stop at a red traffic light).
In the case of a brain injury that occurred in a motorcycle or bicycle accident, you must demonstrate that the at-fault driver was negligent and/or that a road hazard or defect caused or contributed to your injury. For example, you may allege that a construction company or governmental entity failed to properly maintain the road in a reasonably safe condition at the time of your accident.
Finally, in the case of a slip and fall accident that resulted in a brain injury, you may bring a claim against the premises owner for not maintaining the property in a reasonably safe condition to prevent patrons from falling on the ground.
If you suffered a brain injury as a result of medical complications or some form of medical malpractice, you may allege that the healthcare provider who treated you failed to act as a reasonable healthcare provider would have acted under the same or similar circumstances.
Finally, if you suffered a brain injury because of a defective product that malfunctioned when you tried to use it, you may assert a claim or file a lawsuit against the product manufacturer or anyone else who is in the chain of distribution. For example, you may allege that the product was not designed or manufactured properly, and that these defects resulted in the malfunction that led to your head injury or injuries.
An experienced brain injury attorney in Atlanta can review your accident case and determine whom to bring a claim or file a lawsuit against, depending upon the circumstances of the accident that led to your head injury.
What types of monetary compensation are available in brain injury cases?
Many injuries to an accident victim’s head or brain can result in long periods of medical treatment and, in some cases, lifelong care and rehabilitation. Generally speaking, the more serious the head or brain injury, the more compensable that injury is. Although money is a poor substitute for a debilitating or permanent brain injury, it is the best that can be obtained in a personal injury claim or lawsuit.
Severe brain injuries may result in the need for both economic and non-economic damages. The purpose of economic damages is to satisfy an accident victim’s out-of-pocket costs associated with the injury or injuries from which they suffer. For example, economic damages may compensate an accident victim for the medical bills that he or she incurred, as well as for lost earnings from missed time at work.
In addition to economic damages resulting from a brain injury, an accident victim may pursue non-economic damages in these types of cases. Non-economic damages non-monetary losses that an accident victim may suffer. For example, an accident victim who suffers a severe brain injury may recover compensation for the loss of one of the five senses, pain, mental distress, emotional anguish, permanency, or permanent inability to work. Moreover, a brain injury accident victim may make a claim for loss of spousal companionship and support.
If the accident that led to the brain injury caused particularly severe symptoms, and the at-fault person or persons acted in a particularly egregious manner, then the accident victim may claim punitive damages. The primary purpose of punitive damages is to punish the at-fault person for the injuries and damages he or she caused. These damages go above and beyond the pain, suffering, and inconvenience compensated by non-economic damages.
An experienced Atlanta brain injury attorney can review your case and determine which damages to seek in your brain injury case.
Call Our Atlanta Brain Injury Lawyers Today
If you or someone you love has suffered a head or brain injury in an accident that someone else caused, you may pursue compensation for the injuries that you suffered.
The knowledgeable legal team at Brauns Law Accident Injury Firm will investigate the circumstances of your accident and can file a personal injury claim or lawsuit on your behalf in a timely manner. Our legal team will advocate for your legal rights and do everything possible to help you pursue and recover the damages you deserve for the brain injury which you or your loved one suffered.
To schedule a free case evaluation and legal consultation with a knowledgeable Atlanta brain injury attorney, please call us at (404) 418-8244 or contact us online to learn more.