Augusta
Traumatic Brain Injury Lawyer

Traumatic brain injuries are not only devastating, but they can also be costly, often requiring years of treatment. However, you don’t have to pay for this treatment yourself. If you or someone you love is suffering from a TBI, you have the right to recover money. Our traumatic brain injury lawyers in Augusta can help.

For more than 20 years, we have helped traumatic brain injury victims and their families navigate the complex and challenging process of recovering money. Let John Foy & Associates give you a free consultation. Call our personal injury lawyers in Augusta and get your free consultation today.

How Our Augusta Traumatic Brain Injury Attorneys Can Help

The Augusta traumatic brain injury lawyers at our law firm are dedicated, experienced, and ready to help you in many different ways. 

Obtaining Medical Records and Evidence 

We can help you get important evidence such as: 

• Medical records
• Police reports
• Witness testimonies 
• CCTV footage 
• Official statements from various experts to support your case

Evidence is critical for both proving negligence and showing the extent of your damages. We will use the evidence we help you gather to ensure that the insurance company doesn’t cheat you out of a fair settlement. 

Calculating Your Damages 

We can calculate all  your economic and non-economic damages. Our team will ensure that nothing gets left out and that all your damages get accounted for. We don’t want you to pay out of pocket for anything.

Fighting on Your Behalf

While you focus on your healing and recovery from your traumatic brain injury, we will handle all the legal work on your behalf. We will talk to the insurance company and all other parties involved for you. In addition, if your claim goes to court, we will represent you and your best interests before the judge and jury. 

How do I Know If My Traumatic Brain Injury Case Is Valid?

In Augusta, injury claims are based on negligence. In other words, the party responsible for your traumatic brain injury breached their duty of care through a negligent action. If this was the case, you have a claim.

In some cases, negligence is obvious. For example, we have worked with crime victims who have suffered a blow to the head. In these types of cases, there is no question that the criminal’s actions caused the injury, and the criminal was undoubtedly negligent. 

But in many cases, you may not even realize that someone was negligent. For example:

• When a baby is born with a brain injury, it’s often from inappropriate use of forceps or suction by the doctor delivering the baby. The parents may not realize that this tragedy was avoidable.
• If you get injured in a fall, you may immediately blame yourself. But this can be a mistake. Falls happen because of a hazard, such as a railing that was too low and a poorly lit staircase. These are cases of negligence.
• Car and truck accidents often involve very unclear circumstances. Even police investigators struggle to figure out who was at fault, let alone whether they were behaving carelessly at the time. In this situation, you can work with an Augusta truck accident attorney.

What makes traumatic brain injuries different from all other injury claims is that they are so severe and life-changing. The impact of the injury can last for years. So, never make the mistake of blaming yourself or chalking it up to bad luck. The best way to find out whether you have a valid claim is to get a professional opinion from an attorney.

What If I Only Have a Mild Traumatic Brain Injury?

Our traumatic brain injury attorneys in Augusta have worked with many clients that suffered from mild TBIs, and we know that these injuries are seldom as mild as they sound. However, from a legal perspective, there are two important questions to ask about any mild TBI. 

Is “Mild” the Correct Designation in Your Case? 

Brain injuries can be subtle, and moderate brain injuries can sometimes get misdiagnosed as mild ones. Insurance companies will always push for a mild designation because it justifies paying less money in your claim. We do not tolerate insurers who underpay patients or marginalize their claims.

Are You Receiving Sufficient Care for Your Mild TBI? 

Mild brain injuries are difficult to treat and hard to live with. Our first goal in every brain injury claim is to make sure you’ve gotten a complete diagnosis from a qualified specialist and that your treatment plan is meeting your needs. 

You may be experiencing subtle signs and symptoms that aren’t clear at first and only become obvious later. You deserve to be listened to and to have your treatment adjusted or extended if needed.

These questions take time to answer. That’s why it’s a mistake to accept a fast offer from an insurance company. You need to have a sense of the true, long-term cost of your injury before you can agree to an amount. We take mild brain injuries seriously, and we will help you get the recovery you deserve.

How Much Compensation Can I Recover for a Traumatic Brain Injury in Georgia?

The Official Code of Georgia Annotated (OCGA) § 51-1-6 allows you to recover money for both your economic losses and non-economic losses. That means that your total financial recovery should be much higher than just the cost of your medical bills. It should include enough extra to address the way your injury affects your life.

As a result, many traumatic brain injury settlements will include:

• Your medical costs
• Missed work time or money for your lost earnings if you can no longer work
• Pain and suffering (including emotional pain and physical symptoms)
• Loss of enjoyment of life, if you are unable to take part in activities you once enjoyed

If you lost a loved one to a traumatic brain injury, you can file a wrongful death claim. This allows you to recover many of the costs above and final expenses and money for your own personal losses.

Financial recoveries for brain injuries tend to be much higher than other types of claims. This is because both the medical costs and the non-economic costs are so significant. As a result, it isn’t uncommon to see traumatic brain injury claims settled for more than $1 million.

You May Also Qualify for Punitive Damages

These damages are designed to penalize the defendant for their extreme recklessness. Although not all personal injury cases meet the criteria for such damages, if a drunk driver caused your brain injury, you could get punitive damages. Our Augusta DUI accident lawyers will review your claim and determine the next steps.

Georgia caps punitive damages, so the maximum amount you can receive is $250,000. However, it’s important to note that this award would be separate from other compensatory damages, such as medical bills and pain and suffering, ensuring that you receive appropriate restitution for the full extent of your losses.

Georgia’s Statute of Limitations for Traumatic Brain Injuries

The statute of limitations under OCGA § 9-3-33 gives you the right to file a claim within two years of the date of the accident that caused your traumatic brain injury. However, even though you have two years to file your claim, that doesn’t mean you shouldn’t take the entire two years. 

If you wait too long, you reduce your chances of getting the maximum amount of compensation available. 

You Pay Nothing If We Lose

Many predatory law firms out there only want to steal your settlement from right under you. This is not true for our firm. Our primary goal will always be to get you compensated for your traumatic brain injury. We know that money can’t fix everything, but we hope that it can give you the closure and capability to move forward and recover. 

There are no risks and no obligations when you get a free consultation from our Augusta traumatic brain injury lawyers. We only get paid if we win your settlement. If we can’t win a settlement for your claim, you owe us absolutely nothing. 

Talk to an Augusta Brain Injury Lawyer for Free

Every brain injury is a potential tragedy. Don’t allow yourself to miss out on your rights as well. Get help from experienced, compassionate lawyers. The Augusta traumatic brain injury attorneys at  John Foy & Associates will work with you and your family to help you get the insurance money you truly deserve. 

Call us at (404) 400-4000 or fill out the form to your right and get in touch with us.