Atlanta Traumatic Brain Injury Lawyer

Dedicated and Trusted Traumatic Brain Injury Lawyer in Atlanta, GA

Your skull carries precious cargo, and its solid bone material is highly effective at protecting the brain from many types of trauma. However, a violent blow to the head or penetrating injury can cause serious injuries, and data from the US Centers for Disease Control and Prevention (CDC) reveals the risks. Every year, there are around 64,000 deaths related to traumatic brain injury (TBI), while more than 223,000 victims are hospitalized for these injuries annually. The severity and implications of TBI can vary widely, but victims often sustain serious physical, financial, and emotional losses.

At Wetherington Law Firm, our esteemed Atlanta Traumatic Brain Injury Lawyers specialize in advocating for individuals who have suffered life-altering TBIs. Our dedicated legal team possesses the expertise and compassion needed to navigate the complexities of traumatic brain injury cases. We are committed to fighting for the maximum compensation our clients deserve, covering medical expenses, lost wages, and pain and suffering.

With a thorough understanding of Georgia’s legal system, our attorneys are well-equipped to provide top-notch representation that delivers results. Whether your injury was caused by a car accident, a workplace incident, or any other form of negligence, trust Wetherington Law Firm to champion your rights and secure the justice you are entitled to. Contact us today for a free, no-obligation consultation, and let our experience be the guiding force to reclaiming your life after a traumatic brain injury.

Accidents and TBIs

A TBI includes any type of trauma that affects how the brain works, so the harm could range from a minor concussion to critical brain damage. A violent impact could lead the brain to move inside the skull, causing bleeding, bruising, and other trauma. TBIs are often the result of:

• Car accidents due to motorists who speed, drive drunk, run stop lights, and fail to yield;
• Truck crashes, lead to extreme impacts because of the size differential between vehicles;
• Motorcycle Collisions: Especially when the rider suffers a secondary impact after being tossed from the vehicle;
• Pedestrian and bicycle accidents, which are covered by traffic crash laws even though the victim was not an occupant of a motorized vehicle;
• Slip and falls and other accidents that occur because of dangerous conditions on property;
• Defective products that are dangerous because of flaws in design, manufacturing, or labeling;
• Medical malpractice and birth injuries; and
• Many other accidents.

Liability in Personal Injury Claims

Though many types of accidents can lead to TBI, they are generally the result of negligence. Under this theory of liability, you must prove certain essential elements to recover compensation, including:

1. The other person or entity had a duty to exercise reasonable care when acting, so as to avoid causing a risk of harm to others.
2. That party breached this duty of care through unsafe acts.
3. The breach of duty was the direct cause of the accident in which you suffered TBI.
4. You sustained losses because of your TBI.

Extreme Losses and Complications from TBI

With a minor concussion, an accident victim may only require basic medical treatment followed by rest at home. Serious TBIs can cause long-term complications, permanent disability, and other losses. The nature of the injuries varies based upon the level of trauma, area of the brain affected, the overall physical health of the victim before being hurt, and many other factors.

For instance, a victim may experience:

• Memory loss;
• Cognitive challenges;
• Headaches and dizziness;
• Extreme fatigue;
• Seizures;
• Changes to vision and hearing;
• Problems with balance, coordination, and motor skills;
• Reduced language skills; and,
• Mood swings, depression, and angry outbursts.

With serious TBI, a person may also sustain paralysis in different parts of the body. Together, these symptoms and complications could lead to loss of independence, since the victim must rely on others for care and basic tasks.

Legal Help with Seeking Damages

When you have solid evidence to prove negligence, you may qualify to recover compensation for your medical costs, pain and suffering, emotional distress, and many other losses. Our Atlanta traumatic brain injury attorneys at Wetherington Law Firm, P.C. will assist with all necessary tasks, including:

• Conducting an investigation and gathering evidence related to fault;
• Reviewing your medical records regarding the TBI diagnosis, treatment, long-term brain damage, and related factors;
• Completing all forms to file a claim with the at-fault party’s insurance company;
• Attempting to negotiate an agreement to settle with the insurer; and,
• Filing a lawsuit in court if the insurance company refuses to pay fair damages.

Compensation Claims for Traumatic Brain Injury Victims in Atlanta

Navigating the aftermath of a traumatic brain injury (TBI) in Atlanta requires specialized legal knowledge and expertise. Victims of TBI typically face numerous challenges, including significant medical expenses, ongoing rehabilitation costs, lost income, and profound emotional distress. Compensation claims for TBI victims are designed to alleviate these financial burdens and provide a measure of justice for the suffering endured.

In Atlanta, TBI compensation claims can cover various damages:

Medical Bills: Immediate and long-term medical care costs, including emergency treatment, surgeries, medications, and medical devices, are claimable. Future medical expenses are also considered for ongoing care needs.

Rehabilitation Costs: Traumatic brain injuries often require extensive rehabilitation. Compensation can cover physical therapy, occupational therapy, speech therapy, and other rehabilitation services necessary for recovery.

Lost Wages and Earning Capacity: TBI can result in taking time off work or may prevent a return to work entirely. Claims can seek to recover lost wages and future loss of income due to reduced earning capacity.

Pain and Suffering: TBI victims often endure physical pain and psychological trauma. Compensation for these non-economic losses recognizes the profound impact of the injury on the victim’s quality of life.

Loss of Enjoyment: Traumatic brain injuries can impede one’s ability to partake in hobbies and activities once enjoyed, leading to compensation for loss of life enjoyment.

Punitive Damages: In cases of egregious negligence, punitive damages may be awarded to punish the wrongdoer and deter similar conduct in the future.

Establishing a successful compensation claim in Atlanta hinges on proving that another party’s negligence or intentional act caused the victim’s injury. Wetherington Law Firm, adept in handling TBI cases, works closely with medical experts, life care planners, and financial consultants to accurately assess the full extent of damages and build a compelling case.

The Statute of Limitations for Filing a TBI Claim in Georgia

In Georgia, the statute of limitations sets a legal time frame within which victims of traumatic brain injuries (TBI) must file a compensation claim. It is crucial to be aware of these deadlines as failing to file within the designated period can result in the loss of the right to seek compensation for your injuries.

For most personal injury claims in Georgia, including TBI cases, the statute of limitations is generally two years from the date of the injury. This means that TBI victims have two years from the date of the accident or incident that caused their brain injury to initiate a lawsuit against the parties responsible for their damages.

However, there are exceptions to this rule that can either shorten or extend the time limit:

1. Discovery Rule: In some instances, the injury might not be immediately apparent. When a TBI is not discovered right away, the statute of limitations may begin from the date the injury was discovered or should have reasonably been discovered, rather than the date of the accident.
2. Minor Plaintiffs: If the person who suffered the TBI was a minor at the time of the injury, the statute of limitations typically does not begin to run until they reach the age of 18. This can extend their window to file a claim until their 20th birthday.
3. Mental Incapacity: If the TBI victim is deemed mentally incompetent as a result of the injury, the statute might be tolled until the incapacity is lifted.
4. Tolling Agreements: In some cases, the parties might agree to extend the statute of limitations through a tolling agreement.

Schedule a Consultation with Experienced Traumatic Brain Injury Lawyers in Atlanta, GA

If you or a loved one has suffered a traumatic brain injury (TBI) in Atlanta, securing legal representation is a key step towards obtaining the compensation you deserve. At Wetherington Law Firm, our experienced TBI lawyers are ready to provide the support and guidance you need through this challenging time.

During your consultation with us, you will receive a comprehensive case evaluation where our TBI attorneys will meticulously review the specifics of your incident and weigh the likelihood of a successful claim.

We will lay out your legal alternatives, guiding you through the filing process in Georgia, and discuss the important documentation needed, the statutory timeline, and the various stages you will encounter as we advance your case towards securing the compensation and justice you deserve.

Book a free consultation today!

FAQs for Atlanta Traumatic Brain Injury Lawyers

What constitutes a Traumatic Brain Injury for Legal Purposes?

For legal purposes, a traumatic brain injury (TBI) is generally defined as an injury to the brain caused by an external mechanical force. This force can lead to temporary or permanent impairments of cognitive, physical, or psychosocial functions, and may or may not be accompanied by a decreased or altered state of consciousness.

In the context of personal injury law, TBI is often categorized by the severity (mild, moderate, severe) and the nature of the symptoms that manifest as a result of the injury. Here are some factors that commonly constitute a TBI for legal claims:

• Cause of Injury: TBIs are typically associated with events like motor vehicle accidents, falls, sports injuries, assaults, or being struck by or against an object. The legal claim must establish a link between the incident and the brain injury.
• Medical Diagnosis: A medical professional must have diagnosed the TBI, typically using assessments such as Glasgow Coma Scale, imaging tests like CT scans or MRIs, or neuropsychological evaluations.
• Evidence of Injury: Legal proceedings usually require evidence of the injury, often in the form of medical records, expert testimony, and diagnostic imaging. This evidence must demonstrate that the brain has suffered an injury leading to impairment.
• Impairments: The impairments resulting from a TBI can be physical (like headaches, seizures, or coordination issues), cognitive (such as memory problems, difficulty concentrating, or confusion), emotional/behavioral (changes in mood, depression, or irritability), or any combination thereof.
• Direct Consequence: There must be a clear causation that the impairments or disabilities are the direct result of the TBI caused by the accident or event, rather than a pre-existing or unrelated condition.
• Impact on Daily Life: The TBI must have a significant impact on the victim’s daily life, including their ability to work, perform household tasks, engage in social or leisure activities, and maintain relationships.
• Negligence or Fault: For a successful legal claim, it must be demonstrated that another party’s negligence or intentional wrongdoing was responsible for the incident that caused the TBI. This involves proving that the at-fault party owed a duty of care to the victim, that the duty was breached, that the breach caused the injury, and that damages resulted from the injury.

How do I Know if I Need an Traumatic Brain Injury Lawyer?

To ascertain the need for an Atlanta traumatic brain injury (TBI) lawyer, consider the following indicators:

1. Incident Involvement: If you’ve sustained a TBI as a result of an accident, assault, or other incident that wasn’t entirely your fault, legal counsel can help determine liability and pursue compensation.
2. Severity and Impact: TBIs can cause significant physical, emotional, and cognitive impairments. If your injury has led to substantial medical treatments, lost wages, or a change in lifestyle, a skilled attorney is crucial in securing the required financial support for your recovery.
3. Insurance Challenges: When dealing with insurance companies that are reluctant to offer fair settlements or deny claims related to TBI, a lawyer experienced in such cases can safeguard your interests and push for the rightful compensation.
4. Navigational Difficulties: The legal system is complex. If you’re unfamiliar with how to prove negligence or file a legal claim within the statutes of limitation, legal expertise is invaluable to guide you through the process and uphold your rights.
5. Considerable Expenses: Faced with mounting medical expenses and potential long-term care costs, a TBI lawyer can advocate for you, ensuring that financial compensation covers both immediate and future medical and rehabilitation needs.

If your situation matches any of these criteria, an initial consultation with our TBI attorney can enlighten you about your legal options and the feasibility of pursuing a claim. With a TBI lawyer’s guidance, you can focus on recovery while they handle the legal intricacies, striving to obtain the compensation you rightfully deserve.

Are all Traumatic Brain Injury Cases Resolved in Court?

No, not all traumatic brain injury (TBI) cases are resolved in court. In fact, the majority of TBI claims, similar to other personal injury cases, are usually settled outside of the courtroom for several reasons:

• Settlement Agreements: Many TBI cases are resolved through negotiations between the plaintiff’s (injured party’s) attorney and the defendant’s insurance company or legal representation. If both parties can agree on compensation that is satisfactory to the victim, the case can be settled without going to trial.
• Mediation and Arbitration: Alternative dispute resolution methods, such as mediation and arbitration, are often employed to find a middle ground. These processes are less formal than a court trial and can lead to a binding resolution.
• Cost and Time Efficiency: Court cases can be expensive and time-consuming for both sides. Settling before trial can save considerable amounts of money and time, which can be particularly important for plaintiffs who need immediate financial relief for medical expenses and lost income due to their injuries.
• Risk Management: Trials come with an inherent risk as the outcome is uncertain and in the hands of a judge or jury. Both parties might decide that the surety of a settlement is preferable to the unpredictability of a trial verdict.
• Privacy: Settlements can often be kept private, whereas trial proceedings are public record. For this reason, individuals and companies may prefer settling to avoid public scrutiny or disclosure of sensitive information.
• Defendant’s Perspective: Defendants may choose to settle to avoid the potential of being found liable in a court case, which could result in a larger award for the plaintiff and set a precedent for future cases.

Can I Afford a TBI Lawyer in Atlanta if I’m Already Facing Medical Bills?

Yes, you can typically afford a TBI (traumatic brain injury) lawyer in Atlanta even if you are already contending with medical expenses. Our personal injury lawyers, including TBI attorneys, work on a contingency fee basis.