Sustaining a brain injury, whether due to an auto collision, slip-and-fall accident, or any other traumatic incident, can have devastating and life-altering consequences for the injured victims. Traumatic Brain Injury (TBI) can affect every aspect of a person’s life, from physical and emotional well-being to financial stability. In such challenging times, it’s crucial to understand your rights and seek the assistance of a dedicated Atlanta traumatic brain injury lawyer to help you navigate the legal complexities and secure the compensation you rightfully deserve.
Traumatic brain injuries can result from various accidents, ranging from obvious incidents like head trauma caused by falling objects or car accidents to more common symptoms and subtle cases stemming from low-impact injuries. Regardless of the circumstances, it is essential to consult a medical professional if you experience symptoms such as dizziness, numbness, blurred vision, or any sign of a concussion after an accident, as early diagnosis and treatment can significantly impact your recovery.
To determine the strength of your case, it’s essential to communicate your symptoms thoroughly to both your physician and your Atlanta traumatic brain injury lawyer. Never downplay any symptoms, as they might be indicative of underlying issues that require attention and compensation.
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How Do You Determine If You Have a Brain Injury Case?
First and foremost, you need to make sure you communicate with your physician regarding all your various brain injury symptoms and why you think you may have a TBI. There are two types of brain injury lawsuits. The first is from an obvious accident such as getting hit on the head by a box falling off a shelf in the supermarket or crashing through a windshield. The second one tends to be more complex and often results from a low-impact brain injury. That is why it is imperative to seek medical attention and note any dizziness, numbness, blurred vision, or any other sign of a concussion after experiencing a brain injury victims an accident.
For you to determine if you have a solid case, you need to describe your problems to both the physician and the Atlanta traumatic brain and personal injury lawyer. Don’t minimize any symptoms because you think they will disappear.
What Are The Primary Causes of TBI?
Understanding the primary causes of traumatic brain injuries is crucial for both injured victims and legal professionals. According to the Centers for Disease Control (CDC), assaults, falls, and vehicle accidents are the leading causes of TBIs. Falls and auto accidents, in particular, pose significant risks, with traumatic brain injury cases, especially for children and senior adults. Each year, around 1.5 million individuals suffer traumatic brain injuries in the United States alone, which can be classified into various categories:
Closed Injury
The skull isn’t penetrated, but the brain has sustained an injury, usually from a car accident or fall.
Open Injury
The brain has been penetrated, often by a bullet or any other item.
Chemical or Toxic
A dangerous chemical like lead, carbon monoxide, or pesticide has made its way into the brain.
Deceleration Injury
This is where the brain is smashed against the skull.
Hypoxia
Happens due to a lack of oxygen, usually from a stroke, heart attack, or a water accident.
Medical Reasons
It can be infections, strokes, or tumors.
Moreover, research conducted by The Weinstein Firm has indicated that nursing home falls can be particularly detrimental for seniors, emphasizing the need for vigilant prevention and care in such facilities. Additionally, for young adults, concussions can have lifelong repercussions, leading to symptoms like dizziness, blurred vision, and recurring headaches. If you suspect a brain injury occurred, consulting a medical professional and seeking legal advice is paramount to explore potential legal recourse.
The Symptoms of a Moderate to Severe TBI
TBI symptoms may not be visible for weeks or even months, regardless of whether it is moderate or severe. These symptoms can include dizziness, memory loss, fatigue, recurring headaches, depression, balance issues, seizures, sensitivity to light or noise, emotional outbursts, and difficulty with daily tasks. Recognizing these symptoms and seeking appropriate medical care is crucial, as it can significantly impact your recovery and the potential compensation you might receive.
Are There Any Financial Implications of a TBI?
The symptoms of moderate to severe traumatic brain injuries may not manifest immediately and can remain hidden for weeks or even months. These symptoms can include dizziness, memory loss, fatigue, recurring headaches, depression, balance issues, seizures, sensitivity to light or noise, emotional outbursts, and difficulty with daily tasks. Recognizing these symptoms and seeking appropriate medical care is crucial, as it can significantly impact your recovery and the potential compensation you might receive.
Is it Necessary for Your Lawyer to Have Specialized Knowledge of TBI?
Law is pretty broad and therefore, impossible to grasp and be great at every aspect. That’s the primary reason our team only focuses on personal injury law. We only help people in these types of cases and do so in the state of Georgia. We make it our business to stay abreast of new developments in personal injury law to ensure that we do our best when you seek our services.
The Weinstein Firm has a team of attorneys, legal professionals, investigators, and economists who will all work on your case. We will find the best medical care available to help you get back on your daily routine as soon as possible. We ideally have the necessary resources for personal injury cases in a vast network in Georgia. As a personal injury law firm, we know the seriousness of these cases as well as the intricacies of TBIs. You have only one chance at recovery, and so, it is imperative to have a reputable team on your side.
Can Your Insurance Provider and The Defendant’s Insurance Provider Get Your Past Medical Record?
Yes! Insurance companies have the right to get all your medical information, be it relevant or otherwise, but only if you sign a waiver. That’s why it is wise to consult with our Atlanta traumatic brain injury lawyer before communicating with any insurance company. The last thing you want is to give our medical history to another party without proper advice. That’s because it has the potential to ruin your claim. Insurance companies have a reputation for trying anything possible to avoid paying for damages. They often try to urge you to sign away your rights with a quick settlement, something that might not be adequate for a traumatic brain injury.
It is imperative to take your time and allow the symptoms to reveal themselves, particularly in a TBI. So, get in touch with the Weinstein Firm today for further advice.
What Kind of Compensation Should You Expect?
If you sustain a TBI due to the negligence of another party, then they are liable and can be mandated by the law to compensate you. Pursuing compensation implies filing a lawsuit or an insurance claim.
If you can prove another individual or entity’s negligence led to TBI, then you can be able to get monetary damages to cover the costs. Damages often include losses such as:
- Past medical bills, including emergency care, surgeries, physician visits, medications, and other TBI treatments.
- Future medical bills include ongoing physician or hospital care, physical therapy, and other forms of rehabilitation.
- The value of benefits and wages lost when the TBI leaves you unable to work.
- Damages for pain and suffering related to TBI.
If the accident resulted in death, then the damages depend on the type of wrongful death action. However, the available damages can be for medical bills, funeral expenses, loss of value of life to the deceased individual as well as pain and suffering.
Is There a Statute of Limitations for Traumatic Brain Injuries in Georgia?
As with any other form of personal injury, TBI lawsuits need to be filed within a particular period from the date of the injury. For most injuries, the period is two years. Brain injuries that result from medical malpractice or lead to death, however, have different time limits. The beginning of the time limit and when it expires depends on the case. A reputable Atlanta traumatic brain injury lawyer will be able to help you determine the time limit for your case.
What Happens When The Insurance Company Refuses to Pay for Damages?
Well, this is another situation where our team comes in handy. First, we will contact the insurance provider and attempt to fight the claim. Secondly, we will file a lawsuit against the responsible party. Our primary goal is to help you settle while avoiding going to court, due to the costs and period it takes to reach a judgment. Our law firm is there to fight for you and will use every resource available to ensure that you are not denied the compensation you deserve, no matter how long it takes.
As mentioned earlier, a TBI can change your life dramatically, leaving you in a state where you are unable to do even the simplest of tasks. As such, it is imperative to seek justice, and the best way to ascertain so is by hiring a reputable legal representative. A skilled brain injury lawyer from The Weinstein Firm can assist by investigating the incident that led to brain injury, give advice, prepare a case for you, and fight on your behalf for the compensation you deserve.
Types of Traumatic Brain Injuries
A traumatic brain injury happens when an external force causes brain damage, usually resulting from a violent jolt or blow to the head. While mild cases involve temporary brain cell dysfunction, more serious cases can lead to bleeding, bruising, tissue damage, and other physical injuries to the brain that contribute to long-term issues or death.
The most common types of traumatic brain injuries include:
Open Head Injury:
- Skull fractures derived from a substantial impact on the head
- It can be caused by high-velocity objects such as bullets
- This can be caused by low-velocity objects such as knives
Closed Head Injury:
- Can be caused by auto accidents, falls, work-related accidents, and sports-related accidents
Contact The Weinstein Firm Today!
We work with our clients one-on-one, delivering honest, strategic legal representation and tailor-made solutions to help them. We also negotiate with the insurance companies and never settle for anything less than the full compensation you deserve. Call today at 770-HELP-NOW for your free case review.
