Traumatic brain injuries (TBIs) are very common in the United States. According to the Centers for Disease Control and Prevention (CDC), there were over 64,000 TBI-related deaths throughout the country in 2020, which translates to about 176 deaths each day. Even non-fatal TBIs can cause a wide range of short-term and long-term health consequences that may require ongoing treatment and seriously impact your day-to-day well-being.
If you suffered a TBI in an accident you did not cause, contact Butler Kahn today to discuss your legal rights and options. Chances are you are entitled to compensation for medical bills, pain, suffering, and more. The sooner you consult with an experienced injury attorney, the sooner they can get you going on the path toward legal compensation. Speak to one of our knowledgeable and compassionate injury attorneys today in a free, no-obligation consultation.
What are the Most Common Causes of Brain Injuries?
Any serious bump, blow, or jolt to the head can potentially lead to brain injury. In other words, the range of scenarios that may lead to a TBI is virtually limitless. A few of the most common scenarios include:
- Slips, trips, and falls – The CDC reports that nearly half of all TBI-related hospitalizations nationwide occur because of fall injuries. Older adults are especially likely to suffer TBIs from accidental falls.
- Motor vehicle accidents – Millions of auto accidents occur throughout the country every year. Injuries sustained in these accidents range from minor to fatal. They often include TBIs.
- Intentional violence – Some TBIs occur because of intentional acts of violence, like assault, domestic abuse, and crimes involving guns. In addition to criminal prosecution, at-fault parties may also face liability through a civil personal injury claim.
- Work-related accidents – Many TBIs occur at work. These kinds of accidents are more common in high-activity work environments, such as construction sites and factories. Injured workers can pursue compensation by filing a workers’ compensation claim.
- Sports and recreational accidents – Even when having fun, accidents happen. Unfortunately, certain high-impact sports — such as football, skiing, and boxing — are more likely to result in TBIs than others.
How Are Brain Injuries Classified?
There are many kinds of brain injuries, as well as ways to classify them. These injuries can range from minor concussions causing temporary damage to catastrophic penetrating injuries that may result in lifelong impairment or death. This section explores common medical terminology used to classify brain injuries.
- Concussions – Concussions, the most common form of TBI, result in a temporary interruption of brain function. Concussions are usually mild but can be severe when victims suffer prolonged loss of consciousness, as well as multiple concussions over time.
- Contusions – A cerebral contusion is a bruise on the soft surface of the brain. They occur when a strong jolt causes the brain to strike the inside of the skull. Contusions can result in bleeding and life-threatening swelling within the skull.
- Coup-contrecoup injuries – A coup-contrecoup injury occurs when a sharp blow to the head causes the brain to ricochet within the skull, resulting in a double injury. The coup injury occurs when the brain strikes one side skull in a forward motion, and the contrecoup injury occurs when it bounces back and strikes the opposite side of the skull.
- Diffuse axonal injuries – A diffuse axonal injury occurs when crucial nerve fibers, known as axons, are torn when the brain shifts or rotates within the skull. These injuries can be very serious and often leave patients in a coma.
- Hypoxic/Anoxic brain injuries – A hypoxic brain injury occurs when the brain does not receive enough oxygen to function properly. An anoxic brain injury occurs when the brain receives no oxygen at all.
- Penetrating brain injuries – A penetrating TBI is a severe brain injury that occurs when an object punctures or fractures the skull and causes direct damage to the brain. A gunshot wound to the head is a common example.
What Compensation Is Available Through a Brain Injury Lawsuit?
If you suffered a TBI in an accident caused at little to no fault of your own, you are probably entitled to legal compensation. If you can show by a preponderance of the evidence that the at-fault party caused your injuries, they may be ordered to compensate you for the economic and non-economic impact the injuries have on your life, including:
- Hospital bills and other medical costs
- Out-of-pocket travel costs to medical appointments
- Lost wages from time missed at work during recovery
- Lowered earning potential if your injuries leave you disabled
- Physical pain and suffering
- Emotional trauma
- Lowered quality of life
How Long Do I Have to File a Lawsuit After Suffering a Brain Injury?
Georgia law normally gives accident victims two years from the date of injury to file a lawsuit seeking compensation against the at-fault party. It is very important that victims comply with this deadline, as failure to do so nearly always results in their case being dismissed in court. This will simultaneously destroy your legal right to compensation and your leverage when negotiating an out-of-court settlement with the at-fault party and their insurers.
How Can an Attorney Help?
Personal injury lawsuits are complex. Your attorney’s job is to make sure nothing goes wrong. At Butler Kahn we take our legal and professional responsibility to protect and promote the best interests of our clients very seriously. When you hire us, we fulfill that responsibility by:
- Making sure you know your full rights and options.
- Conducting an independent investigation into the cause of your brain injury.
- Identifying all sources of liability and compensation for your claim.
- Handling communication with the at-fault party and their insurers on your behalf.
- Gathering medical records, incident reports, and other evidence to substantiate your claim.
- Interviewing witnesses and reliable experts to gather compelling testimony.
- Managing case documents, filings, and deadlines.
- Negotiating aggressively with the at-fault party and their insurers to maximize your settlement.
- Taking your case to court and representing you at trial when a reasonable out-of-court settlement cannot be reached.
Contact a Jonesboro Brain Injury Lawyer
If you are reading this page because you or a loved one has a brain injury due to an accident, we hope you or they are receiving the medical care you need and are making a recovery. We also hope the information on this page has been helpful. If you would like to talk with us about your situation, call us or contact us online. There is no charge to talk with us about your case.