Whether sustained in a car accident, motorcycle accident, or a slip and fall, brain and head injuries can have the potential to cause long-term mental and physical difficulties. Brain injury victims who were harmed by the wrongdoing of another person or company may seek damages. The experienced Atlanta brain injury lawyer at Bethune Law Firm has helped countless victims of serious injuries collect compensation.
If you have suffered a brain injury due to someone else’s misconduct, you are entitled to file a lawsuit and recover compensation. The experienced brain injury lawyer at Bethune Law Firm can help you and your family seek justice. Contact the Bethune Law Firm today to discuss your brain injury claim and decide on the best way to seek compensation for your injury.
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Falls and Traffic Accidents Are Common Causes of Brain Injuries
Centers for Disease Control and Prevention data indicates that traumatic brain injuries are one of the leading causes of injury and death in the United States. These injuries contribute to about 30 percent of all injury deaths, which numbered 50,000 in 2010. Falls caused 40 percent of brain injuries, making them the leading cause of this type of injury. Traffic accidents caused about 14 percent of brain injuries.
A traumatic brain injury is typically the result of a jolt, bump, or blow to a person’s head that disrupts his or her normal brain function. A traumatic brain injury (TBI) can be caused by or during the below types of accidents:
- Slip and fall
- Car accident
- During an assault
- Motorcycle accident
- Falling object
- Truck accident
- Dog attack
- A construction site incident
- Any kind of accident that impacts or pieces the head
What Are the Symptoms of a Brain Injury?
Some of the most common symptoms of a brain injury include:
- Loss of balance
- Problems with concentration and memory
- Loss of consciousness ranging from several seconds to a couple of minutes
- Being disoriented, confused, and dazed, but not experiencing a loss of consciousness
- Mood swings
- Vomiting or nausea
- Sensory problems, including ringing in the ears, blurred vision, or a strange taste in the mouth
- Sound or light sensitivity
- Feeling of anxiety or depressions
- Difficulty sleeping
- Sleeping more often
- Profound confusion
- Slurred speech
- Unusual behavior and agitation
- Loss of coordination
- Inability to wake up
- Numbness or weakness in the toes and fingers
- Dilation or either one or both pupils
- Clear fluids that drain from the ears or nose
If you live in Atlanta, Georgia and you have suffered a brain injury due to another person’s negligence, you should seek the assistance of a dedicated attorney as soon as possible.
Why You Need to See a Doctor After a Head Injury
Some people may not realize that they have suffered a brain injury until sometime after a traumatic event. If you have been struck in the head or received a head injury, it is important to immediately seek medical attention. Not only is the medical attention vital for your wellbeing, but the information that your doctors discover is important to the success of your brain injury case in Atlanta, Georgia.
How Is Fault Proven in a Brain Injury Lawsuit?
Georgia residents who have suffered a head injury in a car accident, pedestrian accident, or another incident may file a negligence lawsuit. To prevail in such a suit, the victim must prove that the defendant breached a duty of reasonable care owed to the victim. If this breach caused the victim’s injuries, the defendant can be held liable.
For example, all drivers on Georgia roads must drive with reasonable care. A person who texts and drives has breached this duty. If this driver causes an accident that harms someone, the driver will be liable for that person’s injuries.
In other instances, such as a slip and fall, a brain injury victim might file a premises liability lawsuit. To prevail in a premises liability lawsuit, the victim must prove that the property owner knew or should have known of an existing dangerous condition and did not fix the condition or warn others of it. If this dangerous condition caused the victim’s injury, the property owner may be liable.
Falling merchandise is an example of a dangerous condition. If the property owner knew or should have known about precariously stacked merchandise but didn’t do anything to fix it, he could be liable if the merchandise fell and gave a customer a head injury.
How Can a Brain Injury Lawyer Help My Case?
There are several reasons to work with an experienced brain injury lawyer in Atlanta.
If you have experienced head trauma, your brain injury lawyer will first determine whether or not you have a valid claim. For a case to be valid, you must have suffered a brain injury as the result of another party’s intentional, reckless, or negligence act, such as a drunk driver.
Negotiating With Insurance Companies
A traumatic brain injury can be classified as severe, moderate, or mild. When evaluating such claims, insurance companies may try to classify the injury as mild. While some injuries are certainly more severe than others, it is not acceptable for an insurance company to downplay the significance of your injury.
Attorneys that have experience with such claims are able to deal with insurance companies and will work to develop a solid plan to get fair compensation for your injury. Even if your brain injury appears minor at first, you risk developing drastic personality changes or a serious disability.
It is worth noting that a mild traumatic brain injury is sometimes difficult to diagnose or treat, and many symptoms of both mild and moderate injuries are subtle and not so easy to detect with routine tests. In some instances, mild injuries can go undiagnosed for a number of months.
If the relevant parties fail to reach a settlement, your case will have to go to trial, and your brain injury lawyer will work with the necessary medical professionals and witnesses to tell how the court how the other person caused your brain injury.
Medical experts will assist with showing the jury how your brain injury was caused by the negligence or even the malpractice of another party. Further, the brain injury experts may give testimony at the trial regarding your rehabilitation and treatment in the future. Sometimes, an economic expert is used in such cases to explain the financial value of your loss of earnings.
What Compensation Can Victims Collect for a Brain Injury?
In either a negligence or premises liability lawsuit based on a brain injury, victims can get damages from the defendant. These damages reimburse the brain injury victim for medical bills, lost wages, and other direct costs of the accident. Additionally, victims who experienced pain and suffering or emotional distress can potentially collect compensation for those injuries.
When it comes to these types of claims, each case is different, and you and your family could be entitled to receive financial compensation under Georgia law for the below damages:
Loss of Future Earning Capacity and Lost Wages
If you have suffered an injury to the brain as the result of another party’s negligence or wrongdoing, you may be awarded compensation for any work that you have missed while you recover from the incident. Also, if the injury reduces your ability to carry out the necessary functions of your job, you may be entitled to damages for your diminished earning capacity.
In this kind of lawsuit, you may receive financial damages for past, present, and future medical expenses, and you may eligible for compensation to cover the expenses of rehabilitation and in-home care.
Loss of Consortium
If you are married, your spouse may be able to claim for loss of consortium, which is aimed at compensating him or her for being deprived of the benefits of a familial relationship.
Pain and Suffering
Victims of a brain injury in Atlanta, Georgia may be entitled to claim compensation for their emotional suffering and physical pain caused by the injury. This can include lifestyle changes, a reduced quality of life, and even chronic headaches and pain.
In cases of particularly malicious or reckless conduct, the court might award punitive damages which are aimed at punishing the negligent party and discourage other people from engaging in similar behavior.
Contact an Atlanta Brain Injury Lawyer Today
If you have suffered a brain or head injury because of someone else’s wrongdoing, you have rights. Georgia law gives you the option of filing a lawsuit to recover compensation for your injuries. Atlanta brain injury lawyer Terrence R. Bethune has dedicated his career to seeking justice for those harmed due to the careless or intentional acts of others.
Our brain injury lawyer can evaluate your claim, and help you decide the best way to seek compensation for your brain injury claim. To schedule a free consultation, call 1-800-INJURED or fill out our contact form.
Whether your brain injury is the result of a sporting incident, car accident, workplace injury, an act of violence, or even an accident involving a defective product, our law firm can assist with your claim and if a settlement cannot be reached out of court, we are prepared to go to trial to seek fair compensation. Contact the experienced brain injury lawyer at Bethune Law Firm for an appointment.