Navigating a Traumatic Brain Injury Car Accident Lawsuit in Georgia

A serious brain injury can change a person’s life in a matter of seconds. Motor vehicle wrecks are one of the most common causes of concussions and traumatic brain injuries (TBIs) in Georgia.

Brain-injured victims must be able to access all available resources after a crash, including medical treatment, rehabilitative care, and financial support. At The Larrison Law Firm, we put victims and families first. Our firm wants to make sure that you have the knowledge and resources that you need for a personal injury case. Within this article, our Athens car accident lawyer provides a guide to navigating traumatic brain injury lawsuits in Georgia.

Car Crashes are a Leading Cause of Traumatic Brain Injuries

Car accidents are one of the most common causes of traumatic brain injuries (TBIs) in Georgia.

Indeed, a study from the National Institutes of Health (NIH) found that nearly 20 percent of TBI-related fatalities nationwide are attributed to motor vehicle collisions. Each year, hundreds of thousands of people nationwide sustain serious brain injuries in crashes. The violent force of a collision can cause the brain to move rapidly within the skull. That can cause very serious injuries, even without direct impact to the head. Concussions and TBIs are injuries that can have long-lasting physical, cognitive, and emotional effects. Immediate medical care can make the difference.

Suspected Head Injuries Require Immediate Medical Attention

All suspected brain injuries require immediate medical attention. TBIs often arise with a delayed onset. It may be 24 hours, 48 hours, 72 hours, or even longer before you feel the full impact of a brain injury. The sooner you seek medical attention, the better your prognosis for a physical and mental recovery. Some of the common symptoms of TBIs include:

• Headaches.
• Dizziness.
• Nausea.
• Fatigue.
• Sensitivity to light.
• Sensitivity to noise.
• Confusion/disorientation.
• Short-term memory problems.
• Blurred vision.
• Slurred speech.
• Loss of coordination.
• Seizures.
• Loss of consciousness.
• A coma.

Note: You should see a doctor right away after suffering a head injury in a car accident for both medical reasons and for legal reasons. Without medical records, you will not be able to recover compensation through a personal injury claim in Georgia. Medical evidence is used to document the existence and severity of your brain injury.

What to Know About Your Traumatic Brain Injury Lawsuit

Georgia is a fault-based motor vehicle accident state. If you sustained a TBI in a car crash, you have the right to file a claim to seek compensation from the at-fault party and/or their insurance company. An experienced Athens, GA, personal injury attorney can help. Here are some of the key things to know about traumatic brain injury lawsuits for car accidents in Georgia:

• You Must Prove Fault to Hold Another Party Liable: Fault matters. To recover compensation through a lawsuit, you must prove that another party was negligent and that their negligence caused the crash and your brain injury. Among other things, you may be able to prove negligence by showing that the other driver was speeding, distracted, impaired, or otherwise careless behind the wheel. Police reports, eyewitness statements, expert testimony, and crash reconstruction analysis can all be relevant evidence.

• Georgia follows a Modified Comparative Negligence Rule: Fault is not always straightforward for car accident claims. In some cases, multiple parties may share responsibility for the same collision. Under Georgia law (O.C.G.A. § 51-12-33), your compensation can be reduced if you are found partially at fault for the crash. However, you can still recover damages as long as you are less than 50 percent responsible.

• A Lawsuit is Not Always Required: Settlements are more common than verdicts in personal injury cases. Indeed, many traumatic brain injury claims in Georgia are resolved through insurance settlements before ever reaching the courtroom. If liability is clear and damages are well-documented, your attorney may be able to negotiate a full and fair settlement directly with the insurer. Still, if an insurer refuses to offer a proper settlement, you retain the right to file a lawsuit to seek full and fair financial compensation.

• Strict Deadline (Two-Year Statute of Limitations): Brain injury auto accident claims are time-sensitive. You do not have an unlimited amount of time to take legal action. In Georgia, there is a two-year statute of limitations for personal injury claims, including those involving TBIs (O.C.G.A. § 9-3-33). Waiting too long to file your lawsuit could result in losing your right to compensation altogether. Do not wait to take legal action: Consult with an Athens, GA auto accident lawyer right away after a serious collision.

Recovering the Maximum Compensation for a Car Accident Brain Injury in Georgia

If you sustained a traumatic brain injury in a car crash in Georgia, you must be able to secure the full available financial support. You cannot rely on any insurance company to willingly step up and offer you the financial compensation that you are entitled to under the law. Do not agree to settle your claim for less. Our Athens TBI attorney can help you fight for compensation for:

• Property loss, such as vehicle repairs.
• Emergency medical treatment.
• Hospital bills and other health costs.
• Physical therapy and mental health support.
• Loss of wages and loss of earning power.
• Pain and suffering, and mental distress.
• Disability or disfigurement.
• Reduced quality of life.
• Wrongful death of a family member.

A challenge for brain injury cases is that victims are often left with long-term medical needs, significant pain and suffering, and other non-economic damages. Sadly, insurance companies fight hard to undervalue these types of losses. Our Athens, GA TBI attorney has the skills and experience to help you fight for the full and fair financial support that you rightfully deserve.

Family Members May Need to Provide Support in a Legal Claim (Severe Brain Injury)

When a traumatic brain injury is severe, the victim may be unable to manage their legal or medical affairs. In Georgia, family members often play a vital role in pursuing a personal injury claim on their loved one’s behalf. Among other things, this can include helping gather evidence, attending legal meetings, coordinating medical care, and even serving as a legal guardian or representative in court proceedings.

Further, testimony from family members may also be essential in illustrating the injury’s impact on the victim’s daily life. Our Athens personal injury attorney can help provide guidance and support to families.

The Larrison Law Firm Takes on All Types of Brain Injury Claims

Navigating a brain injury claim can be challenging. Victims are often left with terrible pain, suffering, and mental distress. It is imperative that you have strong, experienced professional legal representation. At The Larrison Law Firm, we are devoted to protecting the rights and interests of victims and their families. With millions secured in settlements and verdicts, our law firm has a strong record of case results. Your initial consultation with our car accident lawyer for brain injury is free, confidential, and carries no additional obligations.

Contact Our Athens Personal Injury Lawyer for a Free Case Review

At The Larrison Law Firm, our Athens personal injury attorney has the skills and experience to handle brain injury claims. Our firm is prepared to go above and beyond to provide personalized advocacy to every client. If you or your loved one suffered a TBI in a crash, we are here to help. Call us now or contact us online to arrange a free, no-obligation initial appointment. From our law office in Athens, we handle brain injury claims throughout the region in Georgia.