traumatic brain injury

Are you facing the aftermath of a traumatic brain injury (TBI) and seeking justice? Our dedicated Duluth brain injury lawyer is here to offer a compassionate ear and expert guidance. At our firm, we understand the unique challenges faced by victims in the Duluth area, where slip-and-fall accidents and vehicle collisions are not uncommon.

Navigating the legal landscape can be daunting, but you don’t have to do it alone. Let us shoulder the burden, so you can focus on your recovery while we pursue the compensation you deserve.

Take the first step towards reclaiming your life. Contact us today for a free consultation and let our experienced team fight for the justice and compensation that you are owed. Your journey to recovery starts with a single call.

traumatic brain injury

Understanding if You Have a Valid Claim

Any negligent party can be at fault and liable for damages relating to your brain injury. To have a valid claim, you must prove negligence by demonstrating the following elements:

  • Duty of Care: The defendant must have owed you a legal “duty of care.” This means that they had a responsibility to act in a reasonably safe manner to prevent harm. For instance, a driver on the road has a duty to follow traffic laws and drive safely to protect other road users.
  • Breach of Duty: You must show that the defendant did not exercise reasonable care, thereby breaching their duty. This could involve actions like reckless driving, medical malpractice, or failure to maintain safe premises.
  • Causation: It must be established that the defendant’s action or inaction directly caused your injuries. This often requires medical records, expert testimony, and detailed accident reconstruction to demonstrate how the breach of duty led to your traumatic brain injury.
  • Damages: Finally, your injuries and damages must be measurable. This includes medical bills, lost wages, reduced earning capacity, pain and suffering, and other related costs. Documentation like medical reports, billing statements, and employment records will be vital in proving the extent of your damages.

Negligent parties may include:

  • A doctor or medical professional whose negligent actions resulted in your brain injury.
  • A manufacturer whose defective product is responsible for your brain injury.
  • A driver whose negligent or careless behavior led to an accident resulting in your traumatic brain injury.

Sometimes, the liable party is not easily identifiable right after an accident. For example, if a commercial truck driver loses control and crashes into your car, it may not be completely their fault. After an investigation, it could become evident that the trucking company failed to perform routine maintenance on the truck, leading to a critical failure like brake malfunction.

If you’re unsure about the liable party for your brain injury, our experienced legal team can help. We have the resources and knowledge to thoroughly investigate your case and identify the responsible party.

Damages You Can Recover

If you suffered a TBI in an accident caused by another party, you may have the right to seek compensation for your losses. Victims of traumatic brain injuries often face serious, overwhelming emotional, physical, and financial challenges.

Every traumatic brain injury is different, and each case should be evaluated on an individual basis. However, some losses commonly incurred by TBI victims include several types of damages:

  • Economic damages refers to quantifiable monetary losses. They typically encompass past and future medical expenses, lost income and cost of ongoing care and assistance.
  • Non-economic damages are more subjective losses such as physical pain, emotional distress, loss of enjoyment of life, and loss of consortium. Such damages do not have a specific monetary value and can vary depending on the individual and circumstances.
  • Punitive damages are awarded in cases of extreme recklessness or intentional harm. They serve as a form of punishment to the defendant and aim to deter similar behavior in the future.

How to Get in Touch With Us

We offer various convenient methods for you to reach out, ensuring that you can get the support and answers you need promptly:

Remember, consultation is completely free. Don’t hesitate to contact us today and take the first step towards reclaiming your life.

Brauns Law Firm: Duluth Brain Injury Lawyer

We pride ourselves on delivering exceptional service that goes beyond just winning settlements. While many personal injury attorneys focus solely on the monetary aspect of a case, we believe that outstanding customer service is just as important.

We understand that our clients are going through some of the toughest times in their lives, and we are dedicated to easing their burdens by offering compassionate, comprehensive support.

Unlike other firms, we do more to get you more. We ensure that you are not left alone and overwhelmed by the labyrinth of legal complexities and insurance adjusters who work for the insurers’ benefit. Our mission is to provide you with the guidance you need to focus on your recovery and your family, without the added stress of dealing with claims and negotiations.

Duluth Traumatic Brain Injury

Meet Your Duluth Brain Injury Attorney

David Brauns is the founding partner of Brauns Law Accident Injury Lawyers, PC. He exclusively represents plaintiffs in personal injury cases, which allows him to devote his full attention to helping injured residents in Duluth, Georgia receive fair compensation for their damages.

David started his legal career as an insurance defense attorney, gaining invaluable insight into how insurance companies evaluate and handle claims. He has since leveraged this experience to build a powerful plaintiff’s practice focused on customer service, transparency, and collaborative solutions.

Before becoming an attorney, David was a software engineer. This unique background allows him to bring a process-oriented and quality-driven approach to his legal practice.

He utilizes technology to manage personal injury cases efficiently, employing tools such as practice management software, a standard operating procedure manual, and virtual case files to ensure that every client receives comprehensive and systematic support.

How Our Duluth Traumatic Brain Injury Law Firm Can Help

Our experienced team is dedicated to providing comprehensive support across various aspects of your claim:

  • Recovering Lost Wages: Traumatic brain injuries often result in significant time away from work. We will help you recover lost wages for the period you were unable to work, as well as compensation for any future loss of earning capacity.
  • Assistance with Medical Bills: Medical expenses for TBI can be astronomical, covering emergency care, ongoing treatments, medications, rehabilitation, and assistive devices. We work diligently to ensure that these costs are covered, minimizing the financial burden on you and your family.
  • Emotional Recovery: Emotional and psychological trauma can be severe and long-lasting. Our firm can help you seek compensation for emotional distress and recommend resources for emotional and psychological support to aid your recovery.
  • Dealing with Insurance Companies: Insurance companies often try to minimize payouts by shifting blame or questioning the extent of your injuries. Our legal team is well-versed in countering these tactics. We protect your rights and ensure that you receive the compensation you deserve.
  • Home and Vehicle Modifications: In some cases, TBIs may necessitate modifications to your home or vehicle to accommodate new disabilities. We help you obtain compensation for these essential modifications to improve your quality of life.
  • Future Care and Support: Traumatic brain injuries may require lifelong care and support. We will thoroughly evaluate your needs and help you secure funds for long-term care and assistance to ensure your well-being.
  • Legal Guidance and Advocacy: Navigating the legal system can be daunting, especially when recovering from a TBI. Our attorneys provide clear, compassionate guidance throughout the entire process, from initial consultation to case resolution.

Our mission at is to provide not just legal representation, but comprehensive support that addresses all aspects of your recovery and future well-being. We are committed to fighting for your rights and ensuring that you receive the justice and compensation you deserve.

Important Initial Advice!

If you or a loved one have recently suffered a traumatic brain injury, it is important to take immediate steps to protect your health and your potential compensation claim.

Here are key pieces of advice to follow as soon as you’ve been injured:

  • Attend All Medical Appointments and Follow Expert Advice: Your health is the top priority. Ensure you attend all scheduled medical appointments and adhere to the recommendations and treatments prescribed by healthcare professionals. Not only does this support your recovery, but it also documents the extent and nature of your injuries for your claim.
  • Stay Off Social Media: Sharing details about your injury or daily activities on social media can inadvertently impact your case. Insurance companies often monitor claimants’ social media accounts to find information that can be used against them. Limit your posts and maintain your privacy.
  • Don’t Accept the First Offer from the Insurance Company: Insurance companies may offer quick settlements that are less than what you deserve. It’s essential not to settle too quickly. Consult with an experienced brain injury attorney who can evaluate if the offer is fair and negotiate better terms on your behalf.
  • Be Careful with Language Used in Communications with the Insurance Company: Any statements you make to the insurance company can be used to minimize your claim. Always be cautious and consider seeking the advice of an attorney before discussing your case with insurance representatives.
  • Get in Touch with Duluth Brain Injury Compensation Attorneys: Engaging a dedicated Duluth personal injury lawyer as soon as possible can make a significant difference in the outcome of your case.

We can guide you through every step of the process, ensuring your rights are protected and that you receive the comprehensive support you need during this challenging time.

Deadlines

When it comes to filing a brain injury claim in Georgia, timing is imperative. The state has a specific statute of limitations that dictates how long you have to take legal action following an injury.

Generally, you have two years from the date of the incident to file a lawsuit for personal injuries, including traumatic brain injuries.

This timeframe might seem ample, but it’s essential to act quickly for several reasons:

  • Early engagement with a lawyer ensures that evidence is preserved — the sooner an attorney can start gathering medical records, witness statements, and other pertinent details, the stronger your case will be.
  • An attorney can help you with the complexities of your claim sooner, including dealing with insurance companies and assessing the full extent of your damages.
  • Missing this deadline can result in losing your right to pursue compensation, no matter how severe your injuries are.

Duluth Traumatic Brain Injury

Gathering Evidence

Collecting and preserving evidence as soon as possible after a traumatic brain injury will help build a strong compensation claim.

Here are the key types of evidence you should focus on:

  • Police Documentation: If your injury resulted from a car accident, fall, or another incident that warranted police involvement, obtain all relevant police reports. These documents provide an official record of the event and can detail critical information about the circumstances leading to your injury.
  • Medical Records: Comprehensive medical documentation is essential. Gather hospital records, emergency room reports, diagnosis details, treatment plans, and follow-up care notes. These records confirm the extent of your injuries and the ongoing impact on your health.
  • Eyewitness Statements: If there were witnesses to the event that caused your injury, their statements can be incredibly valuable. Obtain contact information and, if possible, written or recorded accounts of what they saw.
  • Photo/Video Evidence: Visual evidence from the scene of the incident can be compelling. Take photographs or videos of the accident site, any visible injuries you sustained, and situations relevant to the cause of the injury. Security footage from nearby cameras can also be useful.
  • Causes: Brain injuries can result from various situations, including car accidents, falls, sports injuries, and more. Thoroughly document the cause of your injury and consider seeking expert opinions or accident reconstruction to strengthen your case.

We know that getting this detail together after a traumatic event is incredibly challenging, which is why we will do the hard work for you so you or your loved one can focus on recovery. Contact us today for a free legal consultation to find out more.

What Can I Expect to Pay?

We understand that financial concerns can add to the stress of dealing with a traumatic brain injury. That’s why we operate on a contingency fee basis. This means that you don’t pay any attorney’s fees upfront. Our payment is contingent upon successfully securing compensation for you.

The contingency fee model offers several advantages:

  • No upfront costs: You don’t need to worry about paying legal fees out of pocket while you’re dealing with medical bills and other expenses.
  • Aligned interests: Our attorneys are motivated to secure the maximum possible compensation for you since our fee is a percentage of your settlement or award.
  • Risk-free: If we don’t win your case, you won’t owe us any attorney’s fees.

We believe that this model makes high-quality legal representation accessible to everyone, regardless of their financial situation. It allows you to focus on your recovery without the added worry of how to afford legal assistance.

Why Choose Us Over Other Duluth Brain Injury Attorneys?

We distinguish ourselves from other Duluth brain injury attorneys through a combination of exceptional client service, extensive legal expertise, and a proven track record. Our firm’s commitment to individualized attention ensures that each client receives a tailored approach, addressing their unique circumstances and needs.

Unlike larger firms where clients can feel like just another case number, we prioritize personal interaction and open communication, making sure you’re informed and involved every step of the way.

Our attorneys bring a wealth of experience specifically in dealing with traumatic brain injury cases. We collaborate closely with medical professionals, expert witnesses, and accident reconstruction specialists to gather comprehensive evidence and deliver compelling arguments that resonate with insurance companies and courts alike.

Moreover, our firm’s unwavering dedication to ethical representation and client advocacy has earned us a reputation for integrity and reliability. We approach every case with the same level of diligence and tenacity, no matter the size or complexity.

When you choose the Brauns Law Firm, you’re selecting a partner committed not only to winning your case but to supporting you through every phase of your recovery journey.

Locations We Serve

We are proud to extend our services to various locations, providing top-tier legal assistance for traumatic brain injury cases. Our experienced attorneys are ready to support clients in the following areas:

General Information on Brain Injuries

Traumatic brain injuries are a significant concern due to their complex nature and far-reaching consequences. A good understanding of the nuances associated with TBIs can help in preventing them and seeking proper treatment when necessary.

Traumatic Brain Injury Statistics

TBIs can vary from extremely mild to deadly, and this wide variance can contribute to discounting TBIs when it comes to tallying injury significance.

TBIs, in fact, are so common that the Centers for Disease Control and Prevention reports:

  • Traumatic brain injuries are involved in about 30 percent of injury-related fatalities in America.
  • About 1.7 million Americans annually suffer TBIs.
  • About 52,000 of reported TBI victims do not survive each year.
  • An estimated 275,000 brain injury victims are hospitalized.
  • Eighty percent of victims receive treatment in emergency rooms before they are subsequently released.

TBIs: The Signs

Every traumatic brain injury is unique, and every traumatic brain injury is unpredictable. Because TBIs often cause significant psychological, cognitive, sensory, behavioral, and physical damage, it’s necessary to understand and recognize the physical symptoms that are often linked to traumatic brain injuries:

  • Nausea and vomiting
  • Persistent headaches
  • The sudden onset of confusion
  • The sudden onset of sleep disturbances
  • Unconsciousness
  • Overwhelming fatigue
  • Lack of balance or coordination
  • A sudden change in mood or personality
  • The sudden onset of speech disturbances
  • The sudden onset of numbness or weakness

If you’ve suffered a significant TBI, your recovery process very well may include a lifelong battle. The significance of such injuries and their protracted recovery processes not only affect you as the victim but can also affect your family and your support system. It’s impossible to overstate the physical, emotional, financial, and psychological effects of such injuries.

Common Causes of TBIs

Typically, traumatic brain injuries are caused by a significant blow to or a whipping back and forth of the head. In fact, the Mayo Clinic succinctly identifies those accidents that commonly result in TBIs:

  • Taking a fall – When you slip and fall, you are susceptible to traumatic brain injury. While some falls lead to nothing more significant than embarrassment, others can cause significant injuries, including TBIs. This is especially true for both the elderly and the very young.
  • Vehicular crashes – TBIs are often the result of car, motorcycle, and bike accidents. These crashes need not be extreme to lead to considerable personal injury. When your vehicle collides with another—even when moving slowly—the impact can create the necessary conditions for sustaining a TBI.
  • Engaging in school sports – If your children are involved in highly physical school sports, they are prone to enduring TBI-inducing blows. High-impact sports, such as football, have recently received a great deal of national media attention for their brain-injury-inducing potential. Young athletes undeniably face significant risks of traumatic brain injuries, and action-jammed sports offer plenty of opportunities to sustain them.

If you’ve sustained a TBI in any type of accident that was caused by someone else’s negligence, it is your right to obtain experienced legal counsel.

Complications of a Brain Injury

In Duluth, like many other parts of Georgia, traumatic brain injuries remain a concerning public health issue.

According to recent statistics from the Georgia Department of Public Health, TBIs accounted for a significant number of hospitalizations and emergency room visits. In fact, the state of Georgia recorded 29,924 cases of TBI injuries in 2019 alone, illustrating the prevalence and seriousness of these injuries.

Some of the most common causes of traumatic brain injuries in Duluth include:

  • Falls: A leading cause of TBIs, especially among the elderly and young children.
  • Vehicular Accidents: Involving cars, motorcycles, and bicycles, often due to collisions.
  • Sports Injuries: Particularly in high-impact sports such as football, which are prevalent in school athletics programs.
  • Violence: Incidents involving physical assaults can also lead to significant brain injuries.

Duluth Brain Injury FAQs

Every year, roughly 288,000 Americans stay in the hospital for traumatic brain injuries, according to reports from the American Association of Neurological Surgeons. That’s greater than 20 times the number of hospitalizations for spinal cord injuries.

The leading causes of fatal traumatic brain injuries are motor vehicle accidents, suicides, and falls. Most non-fatal TBI injuries stem from falls and motor vehicle incidents, at 35 percent and 17 percent, respectively. Additionally, 17 percent of all non-fatal injuries are a result of a strike or blow to the head or the head hitting against an object.

The direct and indirect costs for these TBI injuries are a massive $76.5 billion.

The Mayo Clinic divides brain injuries into three distinct categories: mild, moderate, and severe. Even “mild” TBIs can require a victim to undergo extensive rehabilitation and might cause permanent impairments.

If you have suffered a brain injury, or even if you simply suspect you suffered a brain injury, seek professional medical care immediately. Symptoms are not always identifiable until later on, but prompt treatment may prevent an injury from worsening. Adhere to your treatment plan and attend all follow-ups.

Just as your physical recovery is important, so too are your legal rights and your financial recovery. Victims of brain injuries incur medical bills, lost wages, limited earning potential, and physical and emotional pain and suffering. We represent clients who are suffering from a brain injury through no fault of their own. Contact Brauns Law Accident Injury Lawyers, PC now and let us put our experience and know-how to work for you.

In a word, yes. A doctor may diagnose your concussion as “mild” because they are rarely life-threatening.

Still, a concussion can have serious consequences, such as:

  • Loss of memory/amnesia
  • Reduced consciousness
  • Neurological effects including loss of vision, change in speech, and muscle weakness
  • Changes in mental health, including slower thinking, trouble concentrating, and disorientation.

In many cases, the nature of the symptoms makes it difficult for TBI sufferers to recognize or acknowledge they are having problems.

There are two principal ways to sustain a brain injury.

Acquired brain injury (ABI): Brought about by lack of oxygen or another internal factor.

Traumatic brain injury (TBI): Incurred through external factors, including:

  • Hitting an object or getting struck by an object
  • Experiencing an abrupt and violent jolt or shake
  • Getting hit by an object that pierces the skull

Traumatic brain injuries are often hard to identify.

For a valid mTBI diagnosis, patients need at least one of the following symptoms.

  • Disorientation
  • Confusion
  • Amnesia of events that happened near the time of the injury

Brain damage from an injury takes place on a near-microscopic level. Consequently, image scans may not pick them up. Doctors might call this nearly invisible damage a microtrauma. A person with microtrauma can suffer very serious symptoms that don’t show up in diagnostic tests. As you can imagine, this can cause confusion about the legitimacy and seriousness of your injuries—and cause disputes with insurance companies.

The treatment you can expect for your brain injury depends on the injury’s severity level, as well as the symptoms you are dealing with. Generally, doctors use three common treatments to address traumatic brain injury:

Medication. Unfortunately, expensive medications can put a strain on your finances.

Depending on the specifics of your brain injury, you may receive prescriptions for one or more of the following medications:

  • Antidepressants
  • Anticonvulsants / Seizure medication
  • Medications for chronic pain
  • Antipsychotics
  • Memory management medication
  • Cognition medication
  • Motor recovery medication

Therapy. Your doctor may recommend therapy to relearn and improve basic skills.

You may have to perform hours of therapy, which may include:

  • Speech therapy
  • Physical therapy
  • Psychological therapy
  • Cognitive Rehabilitation Therapy (CRT)
  • Occupational therapy

These types of therapy call for persistent participation to maximize their effectiveness. Both the physician and the patient must be committed to the process. Therapy works best when you follow it diligently, even if it becomes part of your lifestyle for months or even years to come.

Surgery. For severe cases of traumatic brain injury, doctors often perform emergency surgery. The goal of surgery is to prevent or reduce the likelihood of additional brain damage.

Doctors may start emergency brain surgery to:

  • Relieve swelling or pressure inside the skull
  • Remove a blood clot
  • Repair the skull
  • Drain blood or fluid from an infection or remove abnormal brain tissue through a craniotomy

Patients who undergo emergency TBI surgery can remain in the hospital for three to 10 days. Not surprisingly, the medical costs for surgery and the hospital stay can be very expensive. Even if you have good health insurance, you may still need to pick up a portion of the bills.

That’s why you want one of our Duluth brain injury lawyers in your corner. Our experienced attorneys understand the costs you may face with a traumatic brain injury, both now and in the future. Let our skilled attorneys review your case and begin fighting for the financial compensation you deserve to recover damages. Contact us now to schedule a free initial consultation.

A traumatic brain injury harms the structure of the brain, making it difficult, if not impossible, to function as expected. According to the Centers for Disease Control and Prevention (CDC), a traumatic brain injury affects the manner you think and your perceptions of taste, smell, and other sensations. They can impact your speech and your cognitive abilities making it more difficult to communicate with others. Also, many people suffering from a TBI struggle to control their emotions in social settings.

In the long term, some people can recover from a brain injury and lead normal lives. Others are less fortunate and may never get back full functionality of their brain. They may suffer chronic symptoms from the brain injury, or their symptoms may return many years later. They might require ongoing care and treatment, including home health assistance.

If you’re suffering from a traumatic brain injury, it’s wise to consult an experienced attorney who can evaluate your case and assess financial compensation for damages. The goal of a financial settlement is to remove the financial burden of your situation so you can focus solely on your recovery.

Many times after a mild TBI, the brain works to repair brain tissue and other damage. Combined with medical treatment, many TBI sufferers can heal in a relatively short time.

Moderate to severe brain injuries are not always so fortunate, however. Many times specific parts of the brain can’t repair, resulting in long-term or even a lifetime of damage. To that end, there are several ongoing physical, emotional, and cognitive symptoms of traumatic brain injuries that can last for years to come, including:

Physical symptoms:

  • Fatigue
  • Light sensitivity
  • Headaches / Migraines
  • Seizures

Emotional or cognitive symptoms:

  • Impaired memory
  • Difficulty sleeping
  • Difficulty concentrating or paying attention
  • Aggression
  • Depression / Anxiety
  • Irritability

Other symptoms affecting the quality of life:

  • Diminished desire to participate in activities
  • Higher likelihood of unemployment
  • Higher likelihood of death
  • Difficulty managing finances

Every brain injury is unique. While some patients suffer more serious consequences later in life, a great number of patients improve significantly and often return to near pre-injury brain function levels. Quality healthcare and consistent rehabilitation efforts are key to recovery.

Any negligent party can be at-fault and liable for damages relating to your brain injury.

Of course, you must prove negligence by showing the following:

  • The defendant owed the defendant a legal “duty of care.”
  • The defendant did not exercise reasonable care.
  • The action or inaction of the defendant caused the injuries suffered by the plaintiff.
  • The plaintiff’s injuries and damages are “measurable.”

Negligent parties may include:

  • A doctor or medical professional whose negligent actions resulted in your brain injury
  • A manufacturer whose defective product is responsible for your brain injury.
  • A driver whose negligent or careless behavior led to an accident resulting in your traumatic brain injury.

Sometimes, the liable party is not easily identifiable right after an accident. For example, if a commercial truck driver loses control and smashes into your car, it may not be completely his or her fault. After an investigation, it may become evident the trucking company did not perform routine maintenance on the truck causing a failure of an important component like the brakes.

If you’re unsure about the liable party for your brain injury, contact Brauns Law Accident Injury Lawyers, PC now. We can investigate to determine the at-fault party. We can gather evidence from an accident scene to help reconstruct what happened and how.

We will advise you on the appropriate compensation for damages and seek the most compensation allowable by law. The amount of your compensation will take into account your medical bills, current and future lost wages, reduced earning capacity, pain and suffering, and other damages.

When you contact Brauns Law Accident Injury Lawyers, PC, you’ll talk with a skilled and compassionate Duluth brain injury lawyer with experience handling traumatic brain injury cases. We’ll answer all of your questions and let you know your rights under the law. Also, we’ll outline your options going forward.





Once we begin working together, we’ll launch a comprehensive investigation of your case to determine the exact cause of your brain injury and who should be held responsible for damages.

Additionally, we’ll consult with medical professionals to evaluate the impact of the traumatic brain injury on your life, now and in the future. By working with experts, we can create a detailed description of your medical and personal care requirements and their associated costs.

We will handle all correspondence from the insurance companies. Remember, if you try to handle your brain injury claim on your own, the insurance company will not give you the fair settlement offer that covers the true value of your damages. While insurance company representatives may appear friendly and genuine, their aim is always to make a claim disappear while paying you as little money as possible.

Our goal is always to pursue a fair settlement for full compensation for you that covers all of your losses, such as:

  • Past and future medical bills
  • Lost wages
  • Reduced earning capacity
  • Disability
  • Physical, mental, and emotional suffering
  • Increased risk of future harm
  • Caretaking costs

Reports reveal that 92 percent of all cases reach a settlement, and there is no need to go to court. However, if the insurance company is not willing to negotiate in good faith, we will fight your case vigorously in court.

We work on a contingency fee basis. In other words, you pay nothing unless we obtain financial compensation for you. Please contact us today.