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by The Stoddard Firm - July 2nd, 2024
Traumatic brain injuries are catastrophic injuries that can change a person’s life forever. Yet, symptoms of these severe injuries aren’t always immediate. They can show up days, week, or even months after a fall, car accident, sports accident, or other dangerous incident.
If you’ve discovered you suffered a TBI due to another party’s negligence, don’t hesitate to consult with a catastrophic injury lawyer to learn about your possible right to compensation.
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A TBI is a brain injury caused by a bump or blow to the head or violent shaking of the head. It can also be the result of something penetrating the skull and entering brain tissue. Traumatic brain injuries range from mild to life-threatening. Concussions, which are generally considered mild TBIs, are the most common traumatic brain injury. But even though they are mild, concussions left untreated can cause lifelong problems, say medical experts.
TBI symptoms can be delayed based on the part of the brain injured and the power of the impact. A severe blow to the head could cause someone to be immediately knocked unconscious, an obvious symptom of possible TBI. Someone who sustains only a mild blow may not immediately feel anything. But as they go about their business the injury may worsen and the symptoms start to show up. The worse the injury becomes, the more it will impact your life in physical pain, emotional distress, and financial loss going forward.
According to the Mayo Clinic, symptoms of traumatic brain injury can be physical, mental, and sensory. Some symptoms of concussion and mild TBI to watch for include:
The worse the TBI injury, the more severe the symptoms. Signs of a more serious TBI include convulsions and seizures, inability to awaken, dilated pupils, clear fluid draining from ears or nose, profound confusion, and slurred speech.
Because symptoms of TBI don’t always show up right away, don’t wait to see a doctor when you have been in an accident and hit your head, even if you don’t have obvious signs. If you have obvious TBI symptoms following an accident, get emergency medical treatment.
While taking care of your health is most important, you should not delay in getting legal help if you were injured due to the careless actions of another party. TBI injuries are expensive to treat and can last a lifetime. You may be unable to work and feed your family during your recovery. You may need assistance with basic self-care and household tasks.
There is nothing wrong with seeking compensation from the person responsible for your changed life circumstances. When you have already been harmed physically and emotionally, you shouldn’t have to suffer financially as well because of their actions.
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Every TBI is different. Your medical team will determine what the most effective treatment plan is for you. But in general terms and depending on how bad the injury, treatment for TBIs may include emergency surgeries such as for skull fractures or brain bleeding, pricey drugs to control further damage, and extensive rehabilitation to relearn to walk, speak, and perform other everyday life skills.
You may spend significant time in the hospital or in a skilled nursing or rehab facility. Once you are released you may have to undergo ongoing outpatient rehabilitation. When medical bills are adding up, and you cannot work due to injuries, you could find yourself in dire financial straits.
In a personal injury claim for your TBI, you could potentially receive damages to pay for:
If the other party was grossly negligent, you might also seek punitive damages. These damages are meant to punish bad behavior and keep it from happening again.
When you have suffered a life-altering TBI because of the negligence of another party, you can file a claim against them for compensation. For example, if you slipped and fell and hit your head because of spilled water in a store aisle that workers knew about but didn’t clean up or warn shoppers about, you may be able to get payment for your damages through a premises liability claim. If you were in a car accident, you can seek compensation from the driver. Sometimes more than one party may be at fault, depending upon the circumstances.
When you work with our firm, we will investigate the evidence to determine liability and then pursue compensation from all liable parties. We seek maximum results in traumatic brain injury cases.
Often, we are able to negotiate fair settlements with the insurance companies of the at-fault parties. But if the insurer does not make a fair offer, we will counsel you about resolving your case at trial.
We understand the physical and emotional pain you are experiencing after sustaining a TBI. If the evidence shows that you were the victim of another person’s negligence, we will fight to get you the best possible outcome. We can’t change what happened, but we may be able to relieve the financial stress and pressure from your accident.
Contact our Atlanta catastrophic injury law firm to arrange a free, no-obligation consultation with an experienced attorney by calling 470-467-2200.
A dedicated, ethical advocate who takes on major corporations and global insurers with virtually unlimited resources. Known for high-profile cases featured on Courtroom Viewing Network, this attorney is also a sought-after legal educator, teaching at seminars for top bar associations. Trusted by clients and media alike, they work tirelessly to secure justice and deliver results.
Member of the Atlanta Bar Association, the Georgia Bar Association, and the Georgia Trial Lawyers Association
Licensed in Georgia since: 2008
Education: University of Georgia School of Law
Personal injury compensation enables an injured individual to regain the same quality of life they had before the incident. This may entail funds for modifying a home for wheelchair accessibility or offering vocational training for those unable to return to their previous job. It is crucial for compensation to cover lost earnings and cover both past and anticipated medical costs.
We conduct interviews with colleagues, consult with attending healthcare professionals, and engage specialists to ensure we secure comprehensive compensation that aids our clients in re-establishing their life trajectories.
When deciding to hire an Atlanta personal injury lawyer, you need to consider:
1. Who’s at Fault
If you’re in an accident and it’s unclear who’s responsible, seeking advice from an attorney is wise. Insurance companies may attempt to attribute damages to you in such scenarios. An attorney can shield you from counterclaims and cross-claims, safeguarding your rights.
2. The Severity of Injuries Sustained
When facing a lifetime of pain, suffering, and mounting bills, taking chances is not an option. A personal injury attorney is entrusted with averting lifelong financial strain.
3. If You’re Facing Insurance Company Denial or Delay
The intricate laws and procedures surrounding personal injury claims are areas where insurance companies capitalize on individuals’ lack of expertise. A lawyer can provide invaluable assistance in this regard.
It’s possible but not necessarily probable and will likely depend on whether you want your case to go to trial. The majority of cases end in a settlement. Going to trial typically occurs when there are intricate, contentious matters regarding the accident’s cause or the severity of your injuries. Occasionally, defendants may simply be unyielding and unwilling to settle or you may just want more than the insurer believes is reasonable.
It shouldn’t be a shock if your attorney diligently pursues a settlement while also readying your witnesses for trial. A proficient lawyer must be equipped for any scenario. Demonstrating to the opposing party that we’re gearing up for a trial indicates that we’re resolute and not inclined to back down.
Determining all potential parties who could be held liable for a personal injury involves a thorough investigation of various factors. If someone else neglected to exercise reasonable care, they can be held accountable for the resulting injuries, as outlined in Title 51 of Georgia Code of Laws or as outlined in Georgia’s common law.
The individual directly involved in the accident may not be the sole party at fault. For instance, in the case of a drunk driving accident, while the driver may bear responsibility, the person who knowingly provided additional alcohol to an obviously intoxicated individual could also be deemed liable. In other circumstances, an at fault party’s employer is responsible for its employees actions.
Following a personal injury accident, there are critical steps you should take. First and foremost, seek prompt medical attention. Visit the emergency room or call for an ambulance at the accident site. Any delay in receiving medical care could impact your health and the outcome of your personal injury case.
Refrain from discussing your case with the insurance company representing the at-fault party. They may deny your settlement or offer a significantly lower amount than you deserve.
Additionally, it’s crucial for both you and your personal injury attorney to gather as much evidence and documentation as possible. This is vital in establishing that your injuries resulted from someone else’s negligence. Make an effort to collect records and documents related to your case, including medical records, police reports, photographs, witness contact information, and similar items. Once you’ve received medical attention, contact The Stoddard Firm.
Do not say anything! If an insurance company contacts you, refrain from providing any information until you have consulted with your attorney. Insurance companies typically contact accident victims in an attempt to elicit a statement about the incident, which they may use to devalue the settlement.
While you may eventually need to converse with them, seeking guidance from a seasoned legal team is crucial. They will provide clear instructions on what you should and should not disclose to protect the value of your case.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was revised and approved by Attorney Matthew B. Stoddard, who has more than 16 years of legal experience as a personal injury attorney.
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