Georgia Brain Injury Attorney Discusses Concussions
If you or a loved one has suffered a TBI because of another person’s carelessness, you deserve to have a compassionate Georgia brain injury attorney on your side. These injuries can be catastrophic and lead you to feel angry, confused, alone, and unsure about what to do next. Such feelings can worsen when insurance adjusters are pressuring you into settling your claim without assistance from a Georgia brain injury attorney. Help is available and can ease these overwhelming emotions. When you need a GA brain injury attorney, you can count on Andrew Lynch, P.C.
- Understanding Traumatic Brain Injuries
- What is the definition of a concussion?
- Georgia Brain Injury Infographic
- Brain Injuries and Car Accidents
- Georgia Brain Injury Statistics
- Andrew Lynch, P.C. Is Ready to Help TBI Victims
- The Law Offices Of Andrew Lynch
Over the past several years, the American public has become increasingly educated about the seriousness of brain injuries and the frequency at which they occur. A number of high-profile brain injury lawsuits, many of them originating within the worlds of professional, collegiate and youth sports, have helped to heighten public awareness about this critical issue. But one does not need to be a serious athlete in order to sustain a brain injury or to file a brain injury lawsuit. Every American is vulnerable to brain injury.
Having extensive legal experience in fighting personal injury claims, we have won millions of dollars in damages. While this in and of itself makes us very proud, it is the ability to restore the life of our client’s, or as closely as possible, to the meaningful, enjoyable life they had before their injury. To discuss your accident with a Georgia brain injury attorney, please call today. Learn more about Have You Suffered a Brain Injury?
Understanding Traumatic Brain Injuries
Every year in the U.S., nearly 2 million people will suffer a head injury. Because the skull is able to provide protection to the brain, many of these injuries are minor. However, for approximately 500 million people, hospitalization and treatment for a traumatic brain injury will be required. Learn about Traumatic Brain Injury Symptoms.
A traumatic brain injury (TBI), may also be referred to as head trauma, is any kind of injury caused by an external force rather than a disease. When this happens, normal brain functioning will cease. The symptoms of a TBI can greatly vary; ranging from mild to moderate, severe, or life-threatening. Is My Child Suffering from a Brain Injury?
Common causes of a traumatic brain injury might include:
- Work accidents
- Recreational accidents
- Slip and fall
- Home or industrial accidents
- Near drownings
- Traffic accidents
Some TBIs are temporary, others prolonged, and there will be those that are non-reversible. Permanent damage is typically caused by bleeding inside the brain, excessive force to the nerve cells of the brain, and a brain infection caused by blunt trauma.
The human body is comprised of bones, tissues, nerves, organs, and more. Each body system plays a role in our ability to function, maneuver, perform activities, and enjoy life. Our brain is one of the most vital parts of our body and is made of a gelatin-like material. The brain is then encompassed in a protective skull shield which helps cushion the brain from movements. Even with this firm layer of armor, the brain can suffer a concussion due to someone being in a car accident, slipping and falling, a sports injury, or from blunt force impact.
What is the definition of a concussion?
A concussion is a traumatic brain injury that can cause a person to experience a range of uncomfortable symptoms. Most people are rendered temporarily unconscious for few seconds to fifteen minutes or more, depending on the severity of the concussion.
What is the range of symptoms someone with a concussion should expect?
A person with a concussion may experience mental, physical, emotional or cognitive symptoms. The most common symptoms and signs of a concussion are listed as follows:
- Nausea and/or vomiting
- Headaches that do not decrease in severity
- Feeling sluggish or increasingly tired
- Moodiness, irritability
- Anxiety, depression
- Changes in personality
- Sensitivity to light and/or sounds
- Difficulty remembering recent events
- Trouble understanding others
- Changes in appetite
- Tinnitus (ringing in ears)
It is also important to educate yourself on TBI myths like:
- If you were not hit directly on the head, you cannot have a traumatic brain injury,
- If you did not become unconscious, a TBI is not possible.
- A TBI is temporary.
A Georgia brain injury attorney understands that the aforementioned myths have been disproven by researchers around the world. A jolt to the head, without an actual strike, can cause a TBI. A concussion that results in a dazed or confused state can also cause a TBI. Finally, a mild TBI often heals on its own, however, some people will face long-term effects.
What is the standard treatment for a concussion?
For more mild cases, concussion treatment is often rest and not participating in activities which involve physical or mental exertion. A person with a concussion should avoid such things like quick movements, watching TV, reading, or playing video games. As the victim begins to feel better, hobbies can slowly be incorporated into daily life again. The duration of time it takes to heal from a concussion can vary from as short as 24 hours to several weeks.
Is it always necessary for someone with a concussion to see a doctor?
A person who has hit their head should see a doctor or go to the closest hospital. When it comes to getting treatment for a brain injury, medical attention should not wait. It is possible for symptoms to not appear right after the accident, when in fact a damage to the brain has occurred. A doctor can run proper assessments and tests to determine the severity of a concussion and create an appropriate treatment plan.
What if someone caused the accident which led to my concussion?
Many, if not most, of these injuries occur as a result of preventable accidents. In some circumstances, an accident happens due to the negligence of another party. A person may find themselves paying out of pocket for medical expenses because of an injury someone else had caused.
When preventable accidents occur, it becomes important to examine the situation closely. Because even seemingly straightforward accidents may be linked to legally-related causes one wouldn’t immediately think to question. For example, say that a toddler sustains a brain injury after falling on playground equipment. While tragic, this accident does not immediately seem legally actionable. But what if the parents of that child learned that the city had not conducted legally-mandated inspections of the equipment for the past three years? Or that the equipment manufacturers failed to install required safety features?
Even if you don’t think that a brain injury is actionable, it is generally a good idea to speak with a Georgia brain injury attorney before drawing any definite conclusions. A Georgia brain injury attorney can legal options and the process of filing a lawsuit against the at-fault party for their wrongdoing.
Georgia Brain Injury Infographic
What is the brain injury claims process?
If your Georgia brain injury attorney believes that you may be able to hold one or more parties accountable for the harm resulting from a brain injury, you can choose to file a claim in court. Once the case has been filed, your attorney will help to ensure that it succeeds. Success may come in the form of a settlement or a trial verdict. Most of the time, cases settle before a trial occurs but some cases do advance to this phase of the claims process. Although filing a claim can be stressful, the financial damages resulting from a successful suit may help to ensure that related medical costs are covered, lost wages are reimbursed and the suffering you have experienced is acknowledged in a significant way.
Brain Injuries and Car Accidents
Every year, there are millions of people injured in car crashes. While many of these accidents result in minor injuries, there are thousands and thousands of crashes that result in catastrophic injuries. According to statistics from the National Highway Traffic Safety Administration (NHTSA), there are approximately 35,000 people killed in vehicle accidents each year and almost 3 million injured. A Georgina brain injury attorney knows that one of the most common catastrophic injuries that victims suffer in accidents are traumatic brain injuries (TBI).
A traumatic brain injury happens when a victim suffers a violent jolt or blow to the brain. A brain injury can also happen if an object penetrates the brain. The severity of the brain injury usually depends on the severity of the crash. Other factors include the speed of the vehicle when the accident occurred, what type of object hit the victim’s head, and whether the victim was wearing a seat belt at the time of the accident.
There is a wide array of symptoms that can indicate the possibility of a traumatic brain injury. The more severe the symptoms, the more severe the injury. Even mild injuries can have disturbing symptoms, including:
- Change in sleep patterns
- Difficulty with concentration
- Difficulty with memory
- Mood swings
- Sensitivity to light
- Sensitivity to sound
- Sleep difficulties
Symptoms of a more severe brain injury include:
- Dilation of one or both pupils
- Headaches that worsen
- Loss of consciousness for several minutes or hours
- Loss of coordination
- Persistent headache
- Repeated nausea
- Repeated vomiting
- Slurred speech
While many victims will find that their symptoms go away when the brain injury heals, other victims could be left with long-term or permanent complications. A Georgia brain injury attorney has represented many victims who are left suffering from chronic headaches, chronic seizures, and vertigo. Some victims are left with altered hearing, smell, or taste.
Brain injury victims can pursue damages against the driver responsible for the crash that caused their injury. A Georgia brain injury attorney can evaluate your case and determine what types of damages you may be entitled to. Some of these damages include:
- Medical expenses for surgeries, hospitalizations, doctors visits, occupational therapy, physical therapy, medications, and more
- Lost wages and benefits
- Loss of future wages
- Vocational training
- Pain and suffering
- Emotional trauma
- Loss of life enjoyment
If the victim has been left with such severe disabilities, they may need help with their daily care. The cost of this care can be very expensive and something that a Georgia brain injury attorney can also include in the lawsuit.
Georgia Brain Injury Statistics
According to the Centers for Disease Control and Prevention (CDC), an estimated 1.7 million people sustain a traumatic brain injury (TBI) in the United States each year.
- Males are more likely than females to sustain a TBI.
- TBIs are the leading cause of death and disability in young people.
- TBIs can cause a variety of physical, cognitive, and emotional problems.
Andrew Lynch, P.C. Is Ready to Help TBI Victims
Insurance adjusters might depend on misinformation to purposely deny your personal injury claim. This can be fought when you have a good brain injury attorney Georgia clients trust helping you out.
Lawyers who regularly handle brain injury claims are going to be best placed to advise you of your options after learning about your particular circumstances. Depending upon the details surrounding the brain injury, filing a personal injury lawsuit may be a viable option. With that said, it is important to remember that scheduling a consultation with an attorney does not obligate you to file legal action. Speaking with a lawyer will simply help to ensure that you make the most informed decisions possible as you plan for your family’s future.
Our Georgia Brain Injury Law Firm is prepared to help you pursue your case so that you may reach a favorable resolution. We know that your TBI diagnosis may be the most devastating thing that has ever happened to you, but there is hope. While some damages are irreversible, it may be possible to obtain a financial settlement to cover the medical expenses that have resulted from your accident. The Law Offices Of Andrew Lynch Attorney at Law can represent TBI cases that have been the result of someone else’s negligence. Should you hire a Georgia Brain Injury Attorney to help you? Absolutely. The following are four reasons why:
To Deal With Insurance Companies
While insurance is a great benefit to have, there are many companies that try to take advantage of TBI victims and their families. A Brain Injury Law Firm in Georgia can work with the insurance company so you don’t have to. The Law Offices Of Andrew Lynch Attorney at Law knows what’s fair and what isn’t fair. If the insurance company is offering you a low settlement, your lawyer can immediately identify the problem, and begin working toward one that is more fair for you.
To Seek for Future Damages
If the effects of your TBI are irreversible, you’ll probably be dealing with health issues for the rest of your life, making it imperative that you contact a Georgia Brain Injury Law Firm for help. Do you know how to calculate those future costs and seek them with the damages? Your brain injury attorney can help you do this. The Law Offices Of Andrew Lynch Attorney at Law will take into consideration the severity of your injury, potential issues it could cause in the future, the type of medical care you’ll require for each of those possibilities and the potential work loss you’ll experience as a result of the accident.
To Complete a Proper Investigation
A Brain Injury Law Firm serving Georgia will tell you that TBI cases can get complicated, with a lot of finger pointing and he-said, she-said. The insurance company will try to downplay all of your claims. The responsible party may try to place blame elsewhere. The only way to truly understand what happened as the cause of your TBI, an investigation should be conducted. Our Georgia Brain Injury Law Firm may hire a professional, or may conduct their own investigation into the accident. Witnesses may be interviewed, photos may be collected and other investigative tactics, that you may not be able to do on your own, could be implemented.
To Have an Advocate on Your Side
You need someone on your side when dealing with a TBI. Aside from the fact it’s nice to have support, your injury may get in the way of you being able to think straight. Our Georgia Brain Injury Law Firm can help to ensure you are making the right decisions and doing what’s best for your future.
Contact The Law Offices Of Andrew Lynch Attorney at Law Today
Traumatic brain injuries can take on a whole scale of issues. You should work with a TBI lawyer to ensure your case is settled fair and that you are given proper compensation. Contact our Georgia Brain Injury Law Firm today to get started.
The Georgia Brain Injury Attorneys from Law Offices of Andrew Lynch has many years of successful experience representing victims and their families of traumatic brain injuries. Every day we may find ourselves in situations where our health and safety are at risk, but what warrants taking legal action is when an individual or entity causes a personal injury to happen. As your legal advocates, we can work relentlessly to offer you the information and guidance you need at this time.
How do I know if I am eligible for compensation?
Whether you are entitled to compensation from the party at fault will depend on the factors of the accident. It will be important during this time to gather as much evidence as possible to show that you had suffered physically, mentally, and financially. The more details and proof you have to present to your attorney during the consultation, the better they can advise you on what to do next.
It is not uncommon for victims to face thousands and thousands of dollars in medical costs and lost wages, in addition to dealing with immense pain and suffering because of the accident. A Brain Injury Attorney in GA can investigate further to uncover whether the other person’s behavior was intentional or egregious, meaning that punitive damages may be available as well.
What elements have to be proved in my case?
To receive fair compensation, there are a few elements that will need to be proven. After evaluating your case, your attorney can let you know if your situation warrants legal action. Your attorney is going to be considering the following factors:
- Duty: The defendant had a duty to avoid harmful behaviors or inactions that would affect others.
- Breach of Duty: The defendant did not use duty of care or failed to reach an acceptable standard.
- Causation: The defendant’s breach of duty caused the accident to happen.
- Damages: Because of the defendant’s breach, there were injuries and losses that resulted.
What is an example of a breach of duty?
There are many examples of breach of duty when it comes to personal injury cases. For instance, a doctor who was treating a patient may be held responsible for damages and injury caused if they had failed to offer a reasonable standard of medical care. Another common example would be a reckless driver who ran a red light, causing a serious collision with another vehicle on the road, and now has to pay the victim restitution.
From investigating evidence to representing you in court, our team is ready to come to your aid. If you or someone you love who has suffered a traumatic brain injury in an accident that was caused by another person, then we urge you to speak with a GA Brain Injury Attorney from Law Offices of Andrew Lynch right away for assistance.
When a victim has been in an accident, it is always recommended that they seek medical attention right away, even if they don’t think they are hurt. This is because there are some injuries that have the potential to be serious, yet the symptoms do not appear for several days or even weeks. This delay in medical treatment can be very dangerous. One of the most common of these types of injuries is a brain injury. If you or a loved one has suffered a brain injury in an accident, you should contact a Georgia brain injury attorney for legal assistance.
What Are The Signs Of Possible Brain Injury?
According to statistics collected by the Centers for Disease Control and Prevention (CDC), brain injuries are one of the most common types of personal injury. It is estimated that there are three million new brain injury victims every year. Tragically, brain injuries are also one of the leading causes of permanent disability and death.
A victim can suffer a brain injury in many different types of accidents – car, pedestrian, bike, motorcycle, slip and fall, and even malpractice. If a person has suffered any kind of blow to the head – even if it was a fairly minor one – the following symptoms could indicate a brain injury:
- Loss of consciousness
- Balance issues
- Slurred speech
- Vision issues
- Excessive fatigue
- Light sensitivity
- Noise sensitivity
- Memory issues
There may also be personality changes that show up weeks or even months following the accident. These changes may seem mild, or they could be dramatic, including agitation, anger, anxiety, cognitive difficulties, depression, and isolation.
What Are The Most Common Types Of Brain Injuries?
The following are the most common type of brain injuries that each Georgia brain injury attorney at our firm handles:
- Concussion: Occurs when the brain is jostled against the walls of the skull
- Edema: Swelling of the brain
- Hematoma: Clotting in the blood vessels that surround the brain
- Hemorrhage: Uncontrolled bleeding in the brain
- Skull fracture: Bones of the skull broken and can pierce brain tissue
What Kind Of Damages Can A Brain Injury Victim Pursue?
The extent of treatment needed will depend on the extent and what type of injury the victim suffered. With serious to severe injuries, the victim may need medications, surgery, physical therapy, occupational therapy, speech therapy, and more. All of these expenses can be included in a personal injury lawsuit.
Along with all medical expenses, a victim can also be awarded, loss of income, pain and suffering, emotional anguish, permanent disability, and more.
Let a Lawyer Assist You with Your Case
When accidents and injuries occur that have the potential to cause lasting damages, contact a law firm to get the professional legal representation you need. Call Law Offices of Andrew Lynch to speak with a Georgia brain injury attorney and find out what legal recourse you have against the party who is responsible for your injury.
Brain injuries can have devastating consequences for individuals and their families, often leading to long-term medical expenses, lost wages, and emotional trauma. In Georgia, victims of brain injuries have sought justice through legal channels, and several landmark cases have set important precedents in this area. This article examines three key cases, namely Wade v. Kaiser Permanente, Branham v. Atlanta Motor Speedway, and Williams v. State of Georgia, which have shaped the landscape of brain injury litigation in the state.
Wade v. Kaiser Permanente:
In the case of Wade v. Kaiser Permanente, the plaintiff, Mr. Wade, suffered a severe brain injury due to medical negligence during a routine surgical procedure. The plaintiff alleged that the medical staff at Kaiser Permanente failed to adhere to proper protocols, resulting in his brain injury. The central issue in this case was whether the medical professionals’ actions met the standard of care expected in similar situations.
The court ruled in favor of Mr. Wade, emphasizing that medical providers owe a duty of care to their patients. The case established that any breach of this duty, leading to brain injuries or any harm, could make the medical provider liable for damages. As a result, this landmark case highlighted the importance of holding healthcare institutions accountable for their actions when dealing with brain injury patients.
Branham v. Atlanta Motor Speedway:
In Branham v. Atlanta Motor Speedway, the plaintiff, Mrs. Branham, filed a lawsuit against the Atlanta Motor Speedway after her husband suffered a traumatic brain injury in a tragic racing event accident. The key question in this case revolved around the duty of care imposed on event organizers and the extent of their responsibility for the safety of attendees.
The court determined that event organizers must take reasonable measures to ensure the safety of spectators and participants. It was established that failing to implement adequate safety measures, such as proper barriers or emergency response protocols, could expose organizers to legal liability. This ruling emphasized the importance of vigilance in organizing events to prevent brain injuries and other accidents.
Williams v. State of Georgia:
Williams v. State of Georgia involved a state employee, Mr. Williams, who suffered a severe brain injury due to unsafe working conditions. The case brought attention to the issue of employer responsibility in maintaining a safe working environment and providing appropriate training to employees.
The court held that the State of Georgia had a duty to ensure the safety of its employees and take necessary precautions to prevent workplace accidents, including brain injuries. The ruling reinforced the principle that employers must adhere to safety regulations and implement proper safety protocols to protect their employees from harm.
These three significant cases – Wade v. Kaiser Permanente, Branham v. Atlanta Motor Speedway, and Williams v. State of Georgia – have played crucial roles in shaping brain injury litigation in Georgia. They have underscored the importance of medical providers, event organizers, and employers to fulfill their duty of care to prevent brain injuries. Victims of brain injuries in Georgia can seek solace in the fact that these cases have established a precedent for holding responsible parties accountable and seeking just compensation for the damages they have suffered. If you or a loved one have experienced a brain injury due to negligence, it is essential to consult a knowledgeable Georgia brain injury attorney who can help navigate the complexities of the legal system and pursue rightful compensation.
The Law Offices Of Andrew Lynch
Decatur, GA 30030
“Andrew and the staff helped throughout the process closing my case in everyday. Answered all my questions and solved all of my issues with professionalism. Will definitely retain again the future if needed.”