Car Accidents and Traumatic Brain Injuries: Seeking Compensation

brain injuries from a car accident

Atlanta, the bustling heart of Georgia, hums with the constant movement of vehicles. This sometimes results in car crashes that cause life-changing injuries like a TBI. Traumatic brain injuries can leave victims grappling with physical, cognitive, and emotional challenges.

If you or a loved one has suffered a TBI in an Atlanta car accident, navigating the legal path to compensation can seem daunting. However, our attorneys at the Weinstein Firm are here to help you get justice.

Understanding Traumatic Brain Injuries

A TBI occurs when a sudden impact disrupts the normal functioning of the brain. This can happen from a blow to the head, violent shaking, or even a sudden change in pressure. Car accidents remain a leading cause of traumatic brain injuries, ranging from mild concussions to severe injuries with long-term ramifications.

Symptoms can include headaches, dizziness, memory loss, difficulty concentrating, sleep disturbances, emotional changes, and physical impairments. It is crucial to seek immediate medical attention for proper diagnosis and treatment.

The Legal Framework in Georgia

Following an Atlanta car accident, claiming compensation hinges on proving legal fault. Here are some grounds for legal claims in TBI cases arising from car accidents.

  • Driver Negligence: Speeding, driving under the influence, distracted driving, or failing to yield the right of way are all examples of negligent behavior that can cause accidents and TBIs.
  • Defective Vehicles: Faulty airbags, seatbelts, or other car components can exacerbate injuries in an accident, potentially leading to liability claims against manufacturers or dealerships.
  • Governmental Neglect: If poorly maintained roads or inadequate signage contribute to an accident, claims against responsible government agencies might be possible.

Georgia operates under a “comparative negligence” system, meaning both parties can share responsibility for the accident. You can only recover compensation if you are less than 50% at fault for the accident. If you are 20% at fault, your damage award will be reduced to 80%.

Compensation for Brain Injuries in Car Accidents

People who suffer traumatic brain injuries in car accidents can pursue compensation for various damages. These typically fall into two categories.

car accidents can cause severe head injuries

Economic Damages

  • Medical Expenses: This includes past and future costs associated with medical treatment, rehabilitation, and ongoing care for your TBI.
  • Lost Wages: If your injury prevents you from working or reduces your earning capacity, you can claim compensation for lost income and benefits.
  • Property Damage: You can recover compensation for vehicle damage.

Non-Economic Damages

  • Pain and Suffering: This compensates for physical and emotional discomfort, psychological distress, and reduced quality of life caused by your TBI.
  • Loss of Consortium: If your TBI impacts your relationships with your spouse or family, you may be entitled to compensation for this loss of intimacy and companionship.

If the responsible party’s negligence was especially severe, you may also be able to demand punitive damages. Georgia caps punitive damages at $250,000 in most cases. There are exceptions to this limit on punitive damages such as if a defendant was intoxicated because of alcohol or illegal drugs.

Building a Strong Case

Seeking compensation for a traumatic brain injury is a complex process requiring careful attention to legal procedures and evidence gathering. Here are some key steps to consider.

  • Seek Medical Attention: Prioritize your health and well-being. Document all doctor visits, medical reports, and treatment expenses meticulously.
  • Gather Evidence: Collect police reports, witness statements, accident scene photos, and any available video footage.
  • Consult an Experienced Attorney: A skilled Atlanta car accident lawyer can advocate for you in settlement negotiations with the insurance company and represent you in court if needed.
  • Cooperate with Your Attorney: Provide your lawyer with all necessary information and documentation promptly. Open communication and honesty are crucial for building a strong case.

Call Our Atlanta Car Accident Lawyers Today

While financial compensation cannot erase the impact of a traumatic brain injury, it can significantly ease the financial burdens associated with medical care, lost income, and ongoing needs. It can also provide a sense of justice and accountability for the harm you suffered.

The aftermath of an Atlanta car accident can be overwhelming. Our lawyers are here to help you navigate the legal process and fight for the compensation you deserve. We will advocate for you in settlement talks with the insurance company and represent you in court if needed.

Contact the Weinstein Firm at 770-HELP-NOW for a free case review.

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