A traumatic brain injury (TBI) is unlike any other injury. It can change your personality dramatically and leave you incapable of performing once-simple tasks. No two injuries or recoveries are alike, so working with a skilled attorney on your TBI case is important.
At John Foy & Associates, our personal injury lawyers in Atlanta have helped countless clients file claims after motorcycle accidents, slip and falls, and other incidents resulting in brain trauma. Our legal team has the experience and empathy to get you the compensation you need to cover your medical expenses and other losses.
Schedule a consultation with an experienced Atlanta traumatic brain injury lawyer from our firm to get the skilled advocacy you need to get your health and livelihood back in order.
How Do I Know if I Have a Traumatic Brain Injury Lawsuit?
When it comes to brain injury lawsuits, our firm typically sees two types of injuries. The first type of brain trauma occurs due to an obvious incident, like crashing through a windshield or getting hit on the head by a falling object. The other type of head trauma is more complex and usually results from a lower-impact injury.
That’s why it’s critical to communicate openly with your doctor about your condition. Share all your symptoms and why you believe you have a TBI. You’ll also want to provide your Atlanta brain injury attorney with all the information you have. Doing so will allow them to determine if you have grounds for a claim or lawsuit.
If you have numbness, tingling, reoccurring headaches, dizziness, or blurred vision after an accident, let our team know, and we’ll use that information to determine your legal options. If we find that another party’s negligence caused your brain injury accident, you’ll likely have grounds for a suit.
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Common Types of Traumatic Brain Injury Cases We Can Litigate
Each year, 1.5 million people suffer a TBI in the United States. According to the Centers for Disease Control and Prevention (CDC), the top causes of TBIs are falls, assaults, and car accidents. Falls are especially serious for children and people 65 and older.
Whether you’ve suffered a TBI in a mild or severe brain injury in a vehicle accident, trucking accident, or another incident, our team can offer the advocacy you need to win your case. You can count on us to file a strong brain injury claim for incidents involving any of the following factors:
- Open head injury: This type of brain injury occurs when the brain has been penetrated, usually by a bullet or a violent blow from another instrument.
- Closed head injury: When a close brain injury occurs, the skull is not penetrated, but the brain is injured. These injuries generally result from a fall or car accident.
- Deceleration injury: During a deceleration injury, the brain is slammed against the skull, leading to various symptoms.
- Chemical or toxic poisoning: Harmful chemicals, such as pesticides, lead, or carbon monoxide, can penetrate the brain and cause a traumatic injury.
- Hypoxia: Hypoxia, or lack of oxygen, often from a heart attack or stroke, can also result in brain damage.
We’ve found that nursing home falls are a leading cause of brain trauma in older adults. We’ve also helped many young athletes seek damages for brain trauma suffered on the field. If you are a former high school, collegiate, or professional athlete and you’re experiencing dizziness or spells, there is a chance you might have suffered damage to your brain from a sports injury.
Regardless of your age, what type of brain condition you’ve suffered, or how you sustained trauma, our legal team can determine your options and fight for the recovery you deserve.
The Symptoms of Moderate to Severe TBI
Moderate to severe traumatic brain injury symptoms may not be apparent for weeks or months after the initial incident. That’s why paying attention to your symptoms after any accident is important. Common symptoms of TBIs include the following:
- Trouble concentrating
- Recurring headaches
- Memory loss
- Loss of consciousness
- Emotional distress
- The inability to perform everyday tasks
- Balance problems
- Sensitivity to noise or light
If you experience any of the above-listed symptoms after an accident caused by another party, seek medical treatment and contact a traumatic brain injury attorney from our team in Atlanta ASAP. The sooner you act, the more likely you’ll be able to make a significant physical and financial recovery.
What Damages Can I Get for My Traumatic Brain Injury Case?
A catastrophic injury like a TBI can impact your ability to participate fully in your life. You may be unable to keep your job, drive, care for yourself, or even care for your children. Our personal injury attorneys are committed to getting you compensation to pay for your medical attention and any assistance you’ll need after the lawsuit is completed.
We will work to get you financial compensation to cover current and future costs related to:
- Hospitalization, permanent medical care, and other medical costs
- Medical devices
- Physical therapy expenses, if necessary
- Lost wages
- Diminished quality of life
- Emotional distress
- Home caregivers
- Emotional and financial support for family members
- Loss of income
- Property damage repair costs if your car or other belongings were damaged
How We Can Calculate Your Damages
Our law firm’s founder, attorney John Foy, acknowledges that TBIs are “severe debilitating issues that could result in significant claims and huge damages.” That said, we’ll have to calculate the losses you’ve taken on to determine how much you should receive from a claim.
An economist can help us calculate the losses you’re expected to incur so we can put a price tag on your claim. An economic expert can come up with an accurate calculation of losses, allowing for optimum compensation. An economist can also determine if there is hope for recovering lost funds in insurance support or government aid programs.
Finally, economists also study demographic patterns, income sources, and other financial loss factors. Our accident lawyers can use their analysis to build a compelling case for reimbursement that incorporates both short and long-term financial repercussions.
Can Insurance Companies Obtain My Past Medical Records?
Insurance companies can obtain your medical information if you sign a waiver giving them permission. However, we urge you to retain an Atlanta TBI attorney before talking to an insurance company, including your own. An insurance company may use your information against you, so speaking to a skilled lawyer before agreeing to anything is crucial.
Medical records contain private and sensitive data. We can control and monitor any release of information so unnecessary material won’t cloud your case. The insurance company’s goal is to make you sign away your rights with a quick settlement, but we take the steps necessary to get you the best outcome possible.
Agreeing to a quick settlement could stop you from getting the damages you need to deal with new developments in your injury. It’s common for TBI symptoms to reveal themselves over time, so rushing into a quick settlement is a surefire way to go under-compensated. Our team can protect you from dishonest insurers and ensure you get all the necessary damages.
What if the Insurance Company Refuses To Pay?
If the insurance company refuses to pay or engages in bad-faith tactics, our traumatic brain injury lawyers in Atlanta can help. First, we’ll contact the insurance company and demand that they provide a fair settlement. We’ll file a personal injury lawsuit against the party responsible for your condition if they don’t.
In Georgia, the statute of limitations for TBI cases is generally two years. However, in specific circumstances, you may have more time or less. Act quickly to meet the deadline is crucial if you wish to take legal action.
While we always want to settle before going to court, we’re not afraid to fight for you. Our office is large enough that we can afford to fight for as long as it takes. Whether your case is resolved at the negotiating table or trial, we’ll work hard to get the payment you need to move forward.
Why Our Firm Is the Right Choice for Your TBI Case
For over 20 years, we’ve committed to practicing personal injury law and fighting for brain injury victims like yourself. We stay on top of changes in the law, abide by state filing requirements, and fight aggressively to maximize compensation.
We’ve got a team of attorneys, legal professionals, economists, and investigators to work on your case. Plus, we’ll do everything possible to find you the best medical care possible to help you recover. Since we are one of Atlanta’s largest personal injury firms with networks throughout Georgia, if you have a problem, we’ll work to get you a solution.
As accident lawyers, we understand the seriousness and intricacies of TBI cases. You only have one chance at recovery, so hiring the right one for you is important. We’re confident that we have what it takes to guide you through the legal process and get the results you need to pay your bills and manage the long-term impacts of your condition.
Talk to Our Atlanta Traumatic Brain Injury Attorneys for Free
If you or a loved one has experienced a TBI, you’ll want to seek legal advice from an experienced attorney. TBIs can result in long-term complications and other disabling issues that may prevent you from doing what you want, making it important to take your case seriously.
Legal counsel is critical in accounting for costs associated with long-term care and treatments resulting from the traumatic brain injury suffered. At John Foy & Associates, we can help you understand your rights and any special laws related to your case. Contact us today for a free consultation to discuss your unique situation and determine if you have grounds for a civil suit.