There is no other type of injury with the potential to be as devastating, dangerous, and life-changing as a traumatic brain injury (TBI). According to the CDC’s data on TBIs, there were upwards of 61,000 TBI-related deaths in 2019. Every brain injury is unique, but the road to recovery is often long, difficult, and expensive.
If you have suffered a brain injury, you don’t have to face this recovery process alone – and you should not have to pay the costs yourself.
Call or fill out our online contact form to learn more from a Columbus personal injury lawyer.
Do I Need a Columbus, GA, Traumatic Brain Injury Attorney?
Sometimes, a brain injury is just due to a simple accident. However, in many cases, traumatic brain injury is caused by someone else. If that’s the case, then you should have a Columbus traumatic brain injury lawyer by your side.
Personal injury cases are based on the concept of “negligence.” In order for your lawyer to secure compensation, they have to prove three things:
- The other party had a duty of care, which is the standard to which someone can be reasonably held in their care for other people.
- The other party breached that duty of care – otherwise known as negligence.
- The other party’s negligence caused you specific damages.
Given that these three things are true, a traumatic brain injury lawyer in Columbus, Georgia, can help you recover compensation for your damages. If you’re thinking about taking on your case alone, though, we would not suggest it. Without a lawyer by your side, your chances at receiving compensation are much, much slimmer.
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What Types of Traumatic Brain Injuries do Your Lawyers Handle?
Brain injuries can happen in any context, and our attorneys have experience with all kinds of cases. The most common types of brain injury claims are:
- Car, motorcycle, and truck accidents: Vehicle accidents are the leading cause of brain injuries for many age groups. Many of these crashes involve a large semi-truck, which does severe damage in a crash, or a motorcyclist – but even motorists in regular vehicles can be affected.
- Pedestrian and bicycle accidents: When a vehicle hits a cyclist or a pedestrian, the injuries tend to be extreme because of the limited protection these individuals have. These accidents are often the fault of a careless or distracted driver who was not driving responsibly.
- Severe slips and falls: A single fall can lead to anything from a concussion to a life-changing brain injury. Falls down stairs or off of an elevated location are the most likely to cause a brain injury, but even trip-and-fall accidents can be enough to injure the head.
- Workplace accidents: Many workers are covered by workers’ compensation, which is supposed to pay the costs of a workplace accident regardless of fault. Unfortunately, insurers look for ways to minimize what they pay – or even to deny your claim. Never deal with the insurance company without a lawyer on your side.
- Medical malpractice, caretaker neglect, and birth injuries: Hospitals and nursing homes are common settings for brain injuries. This includes infants harmed during birth, malpractice by doctors, and abusive neglect in nursing homes or elder care facilities. When a brain injury is caused by the provider’s negligence, the hospital or facility is liable for the results.
If you’re not sure whether your brain injury case falls under our services, you can always get a free consultation with one of our traumatic brain injury attorneys in Columbus, GA. Our team will listen to your story, assess your situation, and tell you what we can do to help you.
Can the Insurance Company Downgrade My Brain Injury?
Every brain injury is classified by how extensive it is: mild, moderate, or severe. This classification system is fuzzy – brain injuries don’t follow clear rules and their effects can be subtle.
Many insurance companies will seek to have an injury classified as mild before there’s enough information to truly make that call. This type of “downgrading” means they can justify offering you less, even if you will end up needing extensive treatment.
There are three main reasons you should not accept this kind of downgrading:
- The initial diagnosis may not be correct. Even doctors who understand brain injuries have a hard time evaluating the full extent of the damage at first. And many doctors simply haven’t seen enough cases to make an accurate call. It’s important to see a specialist with enough knowledge and experience to give you a diagnosis – and treatment plan – that you believe in.
- Symptoms may develop over time. Many brain injury patients experience symptoms that come and go, change over time, or aren’t clear at first. In many cases, subtle symptoms may only become obvious over the course of months – or as treatment progresses.
- Initial treatments may not produce results. For brain injuries, treatment plans are always subject to revision. The injury may be more extensive than expected or take longer to show signs of progress.
All of these add up to one truth: it’s hard to know how severe a brain injury is at the start. Or how much it will cost. That’s why it’s so important never to accept an insurance offer until you know the full impact of the injury on your life.
What Are the Types of Traumatic Brain Injuries?
According to Johns Hopkins Medicine, there are two types of TBI: closed and penetrating. Both types of brain injury are serious, but one is usually more harmful than the other:
- Closed brain injuries occur when there is trauma to the brain but there is no break in the skull. These injuries are often accidental and result from rapid movement of the head.
- Penetrating brain injuries occur when the skull is fractured. The injuries involved in a penetrating brain injury are usually more serious and cause greater danger to the brain.
Either one of these can be caused by someone else’s negligence. Your traumatic brain injury attorney in Columbus, GA, can help you prove that the other party was at fault in your accident and caused your closed or penetrating brain injury.
Common Symptoms of Traumatic Brain Injuries
Traumatic brain injuries can manifest in any number of ways, and signs and symptoms can range from mild to severe. While you should always go to a doctor as soon as possible to have your injury diagnosed and treated, there are some hallmarks of TBI that you should look out for:
- Headache
- Nausea
- Faintness
- Trouble speaking
- Blurred vision
- Loss of consciousness
- Trouble sleeping
- More sleeping than usual
- Convulsions or seizures
- Weakness or numbness in extremities
If you are exhibiting any of those symptoms or if you think you may have suffered even a mild brain injury, you should seek medical attention immediately. Symptoms can worsen, and the consequences of ignoring a traumatic brain injury can be catastrophic.
The doctor’s bills and other medical expenses associated with symptoms of a traumatic brain injury can pile up. You shouldn’t have to pay for them alone if someone else was at fault for your accident. A TBI lawyer in Columbus can help.
What Damages Can You Recover in a Traumatic Brain Injury Claim?
In Columbus and throughout Georgia, a claim can be filed by the individual suffering from the injury or, in some cases, by their family. The claim may include damages (money) for any of the following:
- Medical costs: Medical costs can be exorbitant, even in a mild traumatic brain injury. You can recover money for all these costs, including scans, medication, doctor visits, and treatment.
- Lost wages: It’s rare for a traumatic brain injury patient to return to work quickly. In many cases, they may not be able to work at all. Your claim can include money for all the time you missed at your job, or for the loss of your ability to work.
- Loss of enjoyment: The financial costs of your injury are not the only impact on your life – far from it. A brain injury may prevent you from living normally or doing the things you enjoy doing.
- Pain and suffering: Any kind of long-term pain, including physical and emotional pain, may be covered. This also includes things like amnesia, loss of senses, difficulty speaking, or other serious issues.
- Wrongful death: Some brain injuries are fatal. Immediate family members will often have a right to a wrongful death claim, which can repay all the costs above as well as funeral costs. You may also have a right to money for your own losses, such as your pain and suffering and the loss of a spouse.
When your Columbus, GA, traumatic brain injury lawyer calculates your damages, they will take into account both expenses you’ve already paid as well as those you’re likely to pay in the future. That way, you’ll be able to move on from your accident without having to worry about how you’re going to pay your next medical bill.
These are meant to punish the defendant in cases of extreme negligence. Not all personal injury cases qualify for such damages. A classic example of a claim that might be eligible for punitive damages is a drunk driving accident. If an intoxicated driver injured you, our Columbus DUI accident lawyers can determine if you meet the necessary criteria.
Georgia limits caps punitive damages, so you can’t get more than $250,000. It’s important to note that this would be in addition to compensatory damages, such as pain and suffering.
Talk to a Columbus, GA, Traumatic Brain Injury Lawyer for Free
Living with a brain injury is never easy. You have a right to money for your bills, your losses, and the impact it has on your life. Let the Columbus, GA, traumatic brain injury lawyers at John Foy & Associates help.
We have a 20-year record of winning cases and helping victims. We offer a FREE consultation to help you get the answers you need. Call us or fill out the form to your right and get your free consultation today.
706-400-4000 or complete a Free Case Evaluation form