Head and brain injuries are common after a car accident in Athens. If you suffered a brain injury from a crash you didn’t cause, you have rights. Georgia law may entitle you to money for your injury costs.
Our attorneys at John Foy & Associates are ready to help. With over 20 years of experience with car accident claims, we know how to fight for what you deserve. We’ll evaluate your case for free, and we don’t get paid unless we win you compensation.
To get your free, no-risk consultation, call (404) 400-4000 or contact us online today.
How to Prove a Traumatic Brain Injury
As the injured person, the burden is on you to prove that:
- The other party was negligent (which is a legal term for carelessness).
- You suffered a traumatic brain injury (and any other injuries).
- The other party’s negligence caused your injuries.
You will need to prove the above statements through documentation and other evidence. Here are some specific examples.
Documentation of the Accident and TBI
After you report a car accident, police will arrive at the scene. Officers should create an accident report on what happened. This report might have details like:
- How the crash occurred
- Who was at fault
- How fast the vehicles were moving
- The direction each car was traveling
- Injuries the officer reported at the scene
You’ll need to get a copy of the accident report for your records. Your lawyer might also work with an accident reconstructionist to recreate the crash. After the accident, you should also see a doctor.
Save copies of all medical bills and records, and if you have medication receipts, save those too. You’ll need documentation to prove your injuries and costs.
Your doctor will order imaging tests like MRIs or CT scans to uncover internal damage. Your records should reflect if your doctor diagnoses at TBI.
Expert and Witness Testimony
If someone saw the accident happen, their witness statements can help your case. They might have seen you hit your head or the injuries you suffered after the crash. A witness can also describe any behavioral changes you had after the collision.
Attorneys will often hire expert witnesses in court, too. Expert witnesses can testify about your condition and the symptoms of your TBI. This testimony helps show how the injury impacts your daily life.
Hiring a TBI Attorney
It’s best to contact a lawyer as soon as possible. Brain injury claims are complicated – they often require strong evidence. Since a brain injury is internal, you will need solid evidence to show how the damage impacts your finances and life.
Our team at John Foy & Associates has seen firsthand the toll a TBI can take. We handle each case with sensitivity and compassion. At the same time, we fight hard for the compensation our clients deserve.
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Damages You Can Claim for a Brain Injury
If someone else’s actions led to your TBI, you can seek compensation. You shouldn’t have to pay for the costs of an accident you didn’t cause. Georgia law allows victims to claim the losses from their injuries.
The medical costs of a TBI are extensive. You might have expenses from:
- Imaging tests
- Doctor visits
- Specialist visits
- Prescription or over-the-counter medicines
- Rehabilitation or physical therapy
- In-home care needs
Medical costs add up quickly after this type of injury. But you shouldn’t have to bear the burden of mounting medical bills and debt. An Athens traumatic brain injury attorney will consider every treatment-related cost you face.
Most accident survivors must miss work as they recover. TBIs can be unpredictable, and you might wait a long time before returning to work. But thankfully, you can include any missed income in your claim.
You can also claim lost earning opportunities like raises or bonuses. If you need to work less or take a lower-paying job, your lawyer will account for that too.
Pain and Suffering
Pain and suffering damages are more complicated. Unlike medical bills and work wages, you cannot prove pain and suffering through bills or pay stubs. Instead, your attorney will show how the TBI impacts your life.
Physical and emotional pain is widespread with brain injuries. You might notice changes in behavior, personality, and mental health. TBIs can also make it impossible to work as you could before.
Talk to a lawyer about pain and suffering damages as soon as possible. If you suffered a TBI, there’s a good chance you’ll have significant emotional injuries.
What Is a Traumatic Brain Injury Claim Worth?
According to the Centers for Disease Control and Prevention (CDC), the lifetime economic cost of a traumatic brain injury (TBI) is around $76.5 billion. That number includes direct and indirect medical expenses. TBIs often require hospitalization, which makes up a large portion of medical bills.
Besides medical expenses, TBI claims should account for pain and suffering, lost income, and vehicle repairs from the accident. Those with a TBI have cognitive impairment and other issues that have high costs, according to the Brain Injury Association of America (BIAA).
A brain injury claim might be hundreds of thousands of dollars or millions of dollars. Survivors and their lawyers should consider all losses resulting from the brain injury. In most cases, the claim amount is very high.
Can You Get Disability Benefits for a TBI?
You might be eligible for Social Security disability benefits if your TBI causes long-term physical and mental barriers. The Social Security Administration (SSA) lists traumatic brain injuries under its neurological disorders section. You can qualify for benefits if:
- You have paid enough Social Security taxes through your work.
- You can no longer work because of your injuries.
- Your condition prevents you from working for at least a year (or is expected to end in death).
Disability benefits are separate from a personal injury claim. Your injury claim seeks compensation from the person who caused your accident. A disability claim requests money from the government because you cannot work.
Our attorneys handle both types of claims. Find out if you qualify for disability benefits during a free consultation today. Like with personal injury claims, we don’t get paid unless we win your case.
Talk to an Athens Traumatic Brain Injury Attorney for Free
After a car accident, you have up to two years to bring a legal case. And you will need that time to build your claim. Call a lawyer today to get the help you need.
To get a free consultation with the Strong Arm, call John Foy & Associates at (404) 400-4000 or reach out online.