Calvin Smith Law - The Injury Lawyers

Atlanta Traumatic Brain Injury Lawyer

Traumatic Brain Injuries (TBIs) typically occur when the brain tissue gets damaged by a fatal blow to the head which can occur as a result of an assault, gunshot to the head, fall or even a car crash. An Atlanta traumatic brain injury lawyer can help you through this process if you have been a victim of a serious injury that caused TBI.

Head injuries can be classified into two; open head wounds and closed head wounds. A closed head injury typically occurs when the head gets hit in such a way that it is violently thrust from side to side or from the front to the back. This commonly occurs in car collisions. The movement that occurs when closed head injuries occur can lead to torn blood vessels in the brain or bruises and abrasions in the brain tissue which usually culminates in the frontal and temporal lobes getting damaged.

On the other hand, open head injuries typically occur when the skull is penetrated for example by a bullet. The most common effect of open head wounds is focal impairment. However, the injuries and effects of open head injuries can be more serious depending on the path of the invasive object that penetrates the skull.

When it comes to TBIs, recovery usually depends on the severity of the injuries. TBI victims who sustain mild injuries can have quick and full recoveries. However, TBI victims with severe injuries can take months and in some instances even years to recover.

All types of brain injuries are serious and they can have debilitating effects. In the case of any TBIs, it is important to get an in-depth diagnosis from brain injury specialists. In some instances, it may even prove necessary to call in academic professionals to help diagnose and come up with treatment modules depending on the type of injury.

Speak to one of our personal injury lawyers in Atlanta and schedule a free consultation today!

Table of Contents

Can You Get Brain Injuries Even if You Remain Conscious After an Accident?

Tribes of research and years of medical studies have proven that it is possible for one to get traumatic brain injuries that are permanent even if one does not lose consciousness after an accident. It is possible for a victim to have severe brain injuries even if all tests such as CT scans and MRI scans show no visible brain damage. Though victims of head injuries do not necessarily lose consciousness after an accident/incident, some of the effects that may be displayed by victims include:

  • Altered behavior
  • Change in an emotional state
  • Impaired physical functioning such as when lowered levels of mobility
  • Low cognitive abilities
  • Diminished levels of consciousness

What Are Some Other Common Types of Brain Injuries?

1. Anoxic Brain Injuries

This refers to an injury that occurs when the brain does not get sufficient oxygen for a certain amount of time. When the brain is starved of oxygen, brain cells usually die. This type of brain injury is commonly found in drowning victims, choking victims and people who have respiratory complications.

2. Concussions

This type of injury usually occurs when the skull cranium is hit and as a result, the brain gets bruised. On getting a concussion, one usually experiences migraines, dizziness, regular vomiting and memory issues.

3. Skull Fractures

This refers to an injury that occurs when the bone that surrounds the skull cracks or breaks.

An x ray scan of a brain injury.

4. Subdural Hematoma

This is an injury that occurs when blood builds up between the Dura and brain tissues. To treat this type of injury, it is usually necessary for the victim to undergo surgery.

5. Diffuse Axonal Injury

This injury usually occurs when the long connecting nerve fibers in the brain (Axons) get severed. This typically happens when the state of the brain in the skull is disrupted.

6. Epidural Hematoma

This type of brain injury can occur when blood builds up between the top lining of the brain (dura) and the skull. A victim suffering from an epidural hematoma usually needs corrective surgery to combat this injury.

According to the National Institute of Neurological Disorders and Stroke, 50% of victims with severe TBIs need surgery to remove hematomas and contusions in the brain. A hematoma is a ruptured blood vessel in the brain while a contusion refers to a bruised brain tissue.

Depending on the location of the head injury, some of the most common problem areas for TBI victims include:

  • Taste
  • Smell
  • Touch
  • Depression
  • Sight
  • Anxiety
  • Personality changes
  • Memory
  • Reasoning
  • Thinking
  • Hearing

It is important to remember that brain injuries may not be immediately visible after an accident/incident. Further, you do not have to lose consciousness so as to get brain injuries. If you are involved in an accident/incident such as a car accident, fall or any other situation where your head is hit or affected, you should ensure that you seek medical attention as fast as possible.

What Are The Main Causes of Traumatic Brain Injuries?

Today, all types of brain injuries and TBIs are considered to be among the most special and complicated medical cases. In case you or your loved one is affected by any type of brain injury or TBI, it is best that you engage skilled lawyers with a wealth of experience in handling similar cases. If you are in Atlanta, Georgia, you can rely on the expertise of our personal injury lawyers. Not only do we have unparalleled experience in dealing with all types of brain injuries, but we also have extensive connections with highly experienced and respected medical staff who can help you in getting quality treatment designed to get you back on your feet as quickly as possible. These experts can also help you create a more formidable case. It is however important to always remember that even with the most proficient medical experts at your beck and call, full recovery after getting brain injuries is never guaranteed.

Brain injuries typically occur when there is trauma to the had that leads to skull or brain damage. Head trauma can be caused by a variety of cases such as:

  • Car crashes
  • Truck collisions
  • Motorcycle/bike accidents
  • Use of defective products
  • Medical errors/malpractice
  • Accidents at construction sites

If you reside around Atlanta, you can rely on our personal injury attorneys if your accident is a result of either of the cases above. For many decades, we have proved our legal proficiency when it comes to representing brain injury victims in Atlanta and surrounding boroughs. Join the league of our many satisfied clients by letting us handle your case.

What Are The Medical Consequences After Sustaining a Brain Injury?

Treating brain injuries can result in exorbitant medical expenses. However, the detrimental effects that victims of brain injuries suffer go far above the financial scope. The pain and suffering that victims of brain injuries suffer are tangible and very significant.

Some of the negative health effects faced by victims of brain injuries include:

  • Constant and painful migraines
  • Loss of mobility and feeling in certain body parts
  • Mental health issues such as anxiety and depression
  • Mood changes including violent shifts in an emotional state
  • Insomnia
  • Nausea
  • Death

As someone who has gotten brain injuries because of the negligence of another person, you are within your rights to seek compensation for the debilitating health effects and the hefty medical expenses that you will accrue when treating your brain injuries. In personal injury law, there is never a guarantee that you will receive the compensation you seek. However, on engaging the highly experienced personal injury lawyers at the offices of Calvin Smith Law, you can be sure that our lawyers will act as your shield and defender during this trying period. As you are recuperating, we will fight tooth and nail with a view of ensuring that you receive fair compensation to enable you to cater to all your medical costs and live comfortably going forward.

What Are The Long Term Costs of Treating Brain Injuries?

Apart from the life-threatening effects of brain injuries, another bad thing about suffering from brain injuries is the astronomical cost of treatment. Though the American medical system is primed to handle brain injury cases, it can still be extremely expensive. If you do not fight to get compensation for your brain injuries, you can end up being saddled with the burden of paying hefty medical bills. This is not right considering that you were just an innocent victim and there is an at-fault party for your injuries.

Treatment expenses for severe TBI injuries can easily exceed the $1,000,000 mark. Very few victims of TBIs have this kind of money lying around should one sustain brain injuries. You may be asking yourself, why is the treatment for TBIs so expensive? It’s simple. Your brain is the foundation of ‘you’. When you sustain severe brain injuries, you are often forced to start re-learning basic things in life. Treatment costs for TBIs are exorbitant since the brain is a very sensitive organ. To get treatment on any part of this organ, you need to hire highly skilled and trained medical specialists who do not offer their services cheap.

Traumatic brain injury hologram.

The total cost of brain injuries typically includes expenses associated with:

  • Very complex surgical procedures which often have to be done multiple times
  • Lengthy sessions with different physical therapists
  • Lost income because of your inability to work as you did before the injuries
  • Purchase of expensive prescription drugs such as painkillers
  • Treatment for mental health disorders and any other psychological disorders as a result of injuries

In order to live a full, healthy and normal life that closely resembles your life before the life-changing injuries, you will need to acquire the procedures outlined above. However, these procedures do not come cheap. Remember that your insurance policy will only offer partial reimbursement for all your treatment costs.

On contacting Calvin Smith Law, our Atlanta based personal injury attorneys can help mitigate the financial burden of your treatment costs by fighting the party that is at-fault for your injuries with a view of getting you justice and full compensation. Do not accept to shoulder the financial burden of your medical expenses alone while there is another party who can be held liable for all your suffering. Simply give us a call and let us get you indemnified.

Major Statistics You Should Know About Traumatic Brain Injuries

In the United States, around 1.4 million people suffer from a traumatic brain injury each year. Of this number, 235,000 people are hospitalized while 50,000 die from their injuries. Below is a breakdown of the common causes of TBIs.

  • 28% of injuries are a result of falls
  • 20% of injuries are as a result of motor vehicle accidents
  • 19% of injuries occur as a result of accidental crashes/collisions with other objects
  • 11% of injuries occur as a result of assaults

How Will I Know If I Have a Traumatic Brain Injury Case?

In case you believe that you are suffering from a traumatic brain injury, it is important that you inform your doctor of all your symptoms. Today, there are two common types of brain injury cases. The first is from obvious accidents/incidents such as getting hit on the head when crashing through a windscreen or being hit by a box falling from a shelf in a grocery store. The second type of case is more complex and usually arises when the head suffers from low impact injury. Identifying the right case to file will depend on the circumstances surrounding your accident. This is why our team of personal injury lawyers will continue asking you to describe any effects you may be feeling after an accident such as dizziness, numbness, blurred vision and recurring migraines.

To help your lawyer and doctors in determining the exact nature and severity of your injuries, it is important that you describe your symptoms in detail without leaving anything out. Even if you think that your symptoms may disappear over time, do not leave anything out when speaking to your doctor and attorney.

How is Compensation for Brain Injuries Determined in Atlanta?

When a person suffers from any type of injury because of an accident or incident that can be attributed to the reckless actions of another party, then the at-fault party may be liable to compensate the victim for all their injuries. To get compensation, the victim can either pursue an insurance claim or file a lawsuit in a court of law.

If you sustain brain injuries and are able to prove that they could have been avoided were it not for the negligent actions of another party, you may be in a position to secure compensation to cover for the costs of all your injuries. In Atlanta, the damages that may be included in a compensation package include:

  • Cost of past medical bills – this includes costs for emergency medical care, visits by the doctor, medication, surgeries and any other types of treatment that you get for your brain injuries.
  • Future medical bills – This includes costs of treatment for ongoing medical care or hospitalization, cost of physical therapy and occupational therapy, rehabilitation expenses and any expenses for any requisite form of therapy.
  • The value of lost wages due to your inability to work as a result of the injuries you sustained.
  • Non-economic damages

This refers to compensation due to the suffering and pain that you get after suffering from a brain injury.

If a person suffers from brain injuries that eventually result in death, the damages that can be gotten will depend on the type of wrongful death lawsuit that is filed. Between the two types of wrongful death claims that can be filed, the major forms of compensation that can be received include;  indemnification for medical expenses, burial expenses, damages for suffering and pain and the accumulated valuation for the lost life.

What Are The Time Limits for Filing Brain Injury Cases In Atlanta?

Just like other types of personal injury lawsuits, brain injury cases have to be filed within a certain stipulated duration of time from the date of the accident/incident that led to the injuries. In Atlanta, the statute of limitations for brain injury cases is 2 years. However, if the brain injuries lead to death or if they were caused by the negligence of a medical specialist, the statute of limitations can differ. The start and end of timing for the statute of limitations usually depends on the facts surrounding each case. In order to ensure that you understand the time limitations for your case and to avoid being locked out of your due compensation and justice because of a technicality, speak to one of our lawyers today by calling (404) 383-7552.

What Is The Process of Filing a Brain Injury Case in Georgia?

Before starting the process of filing a lawsuit, your lawyer should first help you determine if you have a valid case. For a brain injury case to be valid, you must have sustained your injuries because of the negligent, intentional or reckless acts of another party such as a careless medical practitioner or reckless driver.

If you and the at-fault party cannot reach a settlement out of court, your lawyer will then proceed to prepare for a lawsuit. They will do this by speaking with expert witnesses such as medical professionals and other witnesses to your accident who can help shed light on how the negligence of the at-fault party led to your injuries.

If you sustained brain injuries because of medical malpractice, your attorney can engage other professionals to demonstrate that your brain injuries are because of the negligent errors of the at-fault expert. Additionally, the expert medical witness can also offer reliable expert testimony on the treatment and rehabilitation that you will need in the present and future in order to recover. Your lawyer can also call an economic expert to shed light on how your finances were impacted or will be impacted by your injuries.

Is It Possible To Recover Compensation After Sustaining Traumatic Brain Injuries?

Georgia law stipulates that people who sustain any type of brain injuries because of the negligent actions of another person have the right to seek and receive compensation. Negligence usually occurs when one party does not take the degree of care in their actions that are expected from a person in their circumstances.  For example, under the law, a reasonable driver would not drive past the stipulated speed limit. Therefore, a driver who causes an accident while driving above the speed limit is considered to be negligent under the law. Another example of negligence is a store owner who fails to clean a liquid spill in time and as a result, an innocent shopper slips and falls.

Identifying the negligent party in an accident/incident can be a daunting task. For this reason, it is recommended that you speak to your lawyer as soon as you are involved in an incident so that they can review all the facts surrounding the incident and identify the negligent party. If you do not speak to an attorney, you can end up forfeiting your right to compensation since you may not be able to identify all at-fault parties for your injuries.

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Calvin Smith Law - The Injury Lawyers

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