Brain & Head Injuries
TBI Contributes to About 30% of All Injury Deaths.
Traumatic brain injury (TBI) is a major cause of death and disability in the United States. It occurs when one receives a blunt force strike to the head.
Brain and Head Injury Lawyers Serving Georgia
Brain and head injuries can have catastrophic consequences with immediate, significant, and permanent impacts on your life. The changes can be economic and non-economic. The economic changes include significant lost wages and the need for ongoing medical care including neurological assistance, cognitive rehabilitation, and vocational retraining. The non-economic damages are shown by the horrible effects of a brain or head injury on both you and your loved ones on a daily and permanent basis.
Brain and head injuries result from numerous traumatic events including:
- truck wrecks
- car wrecks
- battery (involving negligent security)
- product liability
Brain and head injuries have consistent symptoms frequently shown by the following:
- memory loss
- ringing in ears
Our team has the necessary experience to focus on ensuring you obtain all of your damages due to your head or brain injury including future medical expenses and lost wages which may run into the millions of dollars. In addition, we will ensure that the insurance company is well aware of how the injury has affected you and your loved ones through medical testimony as well as witnesses closest to you who have seen the dramatic impact on your life.
What is a Traumatic Brain Injury?
A traumatic brain injury, also called a TBI, is a type of injury that disrupts normal brain function. Traumatic brain injuries are usually caused by a bump, blow, jolt, or other trauma to the head. Approximately 1.7 million people in the United States suffer a traumatic brain injury every year, according to the US Centers for Disease Control and prevention. Sadly, approximately 52,000 people who suffered a traumatic brain injury died from their injuries. Brain injuries are notoriously difficult to diagnose because some symptoms may appear immediately after an accident, while other symptoms do not appear for days or even weeks.
The Types of Brain and Head Injuries We Handle
There are two primary forms of traumatic brain injuries, open and closed head injuries. Open head injuries happen when an object pierces a person’s skull and enters their brain, causing tissue damage. Closed head injuries occur from blunt-force trauma to the head. For example, in a car accident, a person’s head may be slammed against the back of the seat, causing a closed head injury. Both open and closed head injuries can severely damage someone’s neurological, cognitive, emotional, and mental functioning. Attorney James Rice has extensive experience representing clients in brain and head injury cases, including those suffering from brain injuries caused by:
- Car, truck, and motorcycle accidents
- Birth injuries and medical malpractice
- Workplace accidents
- Slip and fall accidents and other premises liability cases
What Do I Need to Prove to Win a Brain Injury Lawsuit?
If you have been injured in an accident and have been diagnosed with a brain injury, you may be entitled to compensation through a personal injury lawsuit. In Georgia, victims of personal injury accidents have a right to seek compensation from the individual or company whose negligence caused their injuries. For example, suppose an employee in a grocery store saw a pool of water on the floor where customers commonly walk. A customer then slipped and fell on the floor, resulting in a moderate traumatic brain injury. In this case, the victim would have the right to bring a lawsuit against the grocery store for failing to keep their property reasonably safe for customers.
The plaintiff who brings a personal injury lawsuit needs to prove several different elements to recover compensation for their injuries. First, the plaintiff must prove that the defendant owed them a duty of care to act reasonably under the circumstances to prevent harm to others. For example, doctors have a duty to provide medical treatment using the standard of care established by the medical community. Drivers owe everyone else on the road a duty to drive reasonably under the circumstances. Property owners owe their guests and customers a duty to keep their promises reasonably safe.
The plaintiff will need to show that the defendant breached their duty of care by acting unreasonably. For example, if a driver was texting while driving and swerved into another driver, causing a head injury, the distracted driver breached their duty of care. The plaintiff will need to prove that the defendant’s breach caused the accident that resulted in their head injury or traumatic brain injury. Finally, the victim will need to show that he or she has suffered economic or non-economic damages from their brain injury.
The Use of Medical Experts in Brain Injury Cases
Brain injury cases can be among the most difficult types of personal injury lawsuits. Brain injuries are complex and every patient will have different symptoms. In order to succeed in brain injury lawsuits, the plaintiff will need to use expert witnesses. Attorney James Rice has extensive experience using expert witness testimony to obtain multimillion-dollar verdicts. He routinely works with medical experts to demonstrate that the accident caused his clients’/ head injury. Medical experts will carefully review your medical record to decide whether the defendant caused your brain injury.
The Compensation Available in a Brain Injury Lawsuit
When a plaintiff can prove that the defendant’s breach of duty caused their brain injury, the victim can recover compensation. In Georgia, there are two main types of compensation available for personal injury victims — economic and non-economic damages. Economic damages include damages that are easily quantifiable. Non-economic damages are more challenging to estimate.
Compensation for Medical Expenses and Loss of Income
For many brain injury victims, medical bills represent the largest portion of their damages. Traumatic brain injuries can result in a patient needing ongoing medical care for the rest of their life. Plaintiffs are able to claim compensation for any of their past medical bills related to their traumatic brain injury. They can also claim damages for the medical bills they will incur going forward. Medical bills include doctor’s visits, rehabilitation, hospitalization, occupational therapy, durable medical equipment, and in-home care cost.
Many traumatic brain injury victims suffer ongoing symptoms such as pain, dizziness, fatigue, and limited cognitive abilities. The symptoms frequently make it impossible for TBI patients to return to work. Plaintiffs cannot see compensation for all of the time they have been unable to earn wages due to their brain trauma. They can also see compensation for damage to their future earning ability.
Compensation for Pain and Suffering Caused by Your Head Injury
Traumatic brain injury victims can pursue compensation for non-economic damages. They are eligible to pursue compensation for any lasting physical and emotional pain they have endured due to their brain or head injury. Plaintiffs can also pursue compensation for loss of enjoyment of life and loss of consortium. When someone passes away due to a traumatic brain injury, their family can pursue compensation in a wrongful death lawsuit. If successful, they can obtain compensation for lost wages, funeral expenses, and other damages caused by their loved one’s death.
Contact an Atlanta Brain and Head Injury Attorney Today
If you or your loved one have been injured in an accident that has caused a traumatic brain injury or another head injury, you need an experienced attorney on your side. Rice McGowan has helped many Atlanta residents just like you recover the compensation they deserve. Contact us today to schedule your free initial consultation.