If you or a loved one suffered a TBI or traumatic brain injury after an accident, chances are you already understand the impact such an injury could have on your life both now and in the long run. At Hartley, Rowe, and Fowler P.C., we know that living with a traumatic brain injury isn’t easy and that you are probably struggling to care for yourself or even maintain meaningful relations with those closest to you. Our professional Douglasville brain injury lawyers are here to help you pursue a compensation claim.
Since traumatic brain injuries can make it difficult for you to resume your daily activities, live a long, active life, and work, finding a way to cope and make ends meet while you recuperate is vital. As such, if your injury was caused by another person’s negligence, then the best course of action is to seek compensation for damages.
The brain injury attorneys at Hartley, Rowe and Fowler P.C. are experienced and knowledgeable professionals with the skills needed to ensure that you receive maximum compensation for the injuries you sustained. The counsel and representation of a professional attorney are essential when pursuing compensation, especially since your future depends on the quality of treatment and care you receive and your ability to pay for it.
At Hartley, Rowe, and Fowler P.C., we understand that no two traumatic head injuries are the same, which is why we approach each case we take on with a personalized focus. Our attorneys work with medical experts and your medical team to determine the impact your injuries will have on your life. To learn more about filing TBI claims in Georgia and how our Douglasville personal injury attorneys can help, contact Hartley, Rowe, and Fowler P.C. today by dialing 678-825-6004.
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What Are Some of the Common Causes of Brain Injuries?
Brain injuries can happen at any time and at just about anywhere. Virtually anyone can sustain a TBI even while doing the most mundane things like walking in the park, driving to work, or while undergoing a routine medical procedure. All that’s required is willful aggression on the part of another individual (or company) or some degree of negligence for any situation to turn into a civil matter.
Common scenarios we’ve encountered before include:
- Sports injury
- Car accidents
- Product liability
- Premises liability
- Medical malpractice
- Motorcycle accidents
- Large truck collisions
What Are the Symptoms of a Traumatic Brain Injury?
Immediately after an accident or crash, someone who has been struck or hit on the head may experience either one of the following symptoms (If you experience any of these symptoms, make sure you see a doctor right away for a checkup):
- Dizziness, vomiting, or nausea;
- Head or neck pain; and
- Seizures, confusion, disorientation, or impaired consciousness or memory.
Since even the slightest trauma can affect your memory, make sure you see a physician right away if you experience any of the symptoms mentioned here in the days or weeks that follow the accident, even if you cannot remember if you hit your head or not. Signs of a traumatic brain injury might not appear right away but could develop over a few days. They include:
- Fatigue and/or Insomnia
- Nausea, vomiting, and dizziness
- Increased or new head or neck pain
- Depression, anxiety, irritability, and other changes in expression or mood
- Difficulty communicating, remembering, or concentrating
Just like the more instant symptoms of a traumatic brain injury, these indications should be examined by a physician right away. In some people, they may take up to several weeks or even a few months to develop, so it is imperative to remain aware of them even if you do not think you sustained any harm or injury during your accident.
See a Physician Immediately After Suffering a Blow to the Head
TBIs occur when the brain suffers damage from an object piercing the skull or a blow to the head. In some cases of moderate or mild traumatic brain injury, the injured person might not realize that they’ve sustained brain trauma. It is due to this that you are advised to see a medical professional that recognizes TBI indications for diagnosis immediately after suffering a blow to the head.
The sooner a traumatic brain injury is diagnosed, the faster it can be managed or treated, increasing your chances of full recovery. It’s, however, worth noting that some TBIs leave those affected with permanent or lingering symptoms.
During your checkup, make sure you report all the symptoms you can remember to the doctor examining your injury. Physicians typically ask injured patients questions to get an idea of what happened during the incident so that they can gather all the information they can about their injury. Common red flags they look out for include changes in mental function or mood as they could be indicative of long-lasting brain damage.
What Are the Elements of Brain Injury Lawsuits?
To file a brain injury lawsuit, you, as the injury victim, must prove that the brain injury you suffered was caused by another person’s negligence. When it comes to negligence claims, the lawyer representing you must prove the following things:
Duty of Care
Duty of care refers to the legal obligation imposed on individuals to exercise reasonable levels of care to avoid harming others. For example, doctors are bound to a standard of care set by the medical community when performing their duties and must honor their duty of care at all times.
Breach of Duty
Breach of duty is when an entity or individual breaches their duty of care or when they fail to meet the applicable standard of care either knowingly or unknowingly. For instance, if a physician performs a medical procedure in a manner that’s considered unacceptable as per the medical community’s standards, then it’s considered that they’ve breached their duty as a medical professional.
Causation refers to the relationship between the offender’s conduct and the result. As a victim, you need to prove that the defendant’s actions/conduct is what led to you getting injured.
For you to file a claim, your injury(s) need to have caused either non-economic or economic damages. Examples of economic damages include medical expenses and loss of income, while pain and suffering is an example of non-economic damages.
Compensation for a TBI in Douglasville
Since most brain injuries typically leave those affected in a state where they’ll need care for the rest of their lives, compensation for such injuries is typically more significant. If you can prove before a court that the other party’s negligent actions are what caused your injuries, then there is a high chance that you’ll secure a considerable amount in compensation to cover the costs of your traumatic brain injury.
Damages generally cover losses such as:
- Past medical bills, including bills for surgeries, medications, doctor’s visits, emergency care, and other brain injury treatments
- Future medical bills, such as bills for ongoing hospital or doctor care, occupational therapy, physical therapy, and other forms of rehabilitation or therapy
- The value of benefits and wages lost when your TBI leaves you unable to return to work; and
- Non-economic damages for the suffering and pain experienced due to your injury.
If a TBI results in death, then the damages to be awarded are determined by the type of action that led to the victim’s death. However, between the two probable claims, damages that are available for both are pain and suffering, funeral and burial expenses, medical bills, and the loss of value of life.
What Are the Time Limits for Douglasville TBI Claims?
Like other types of personal injury lawsuits, traumatic brain injury claims must be filed within a specified period after the injury has occurred. For most injuries, this period is two years. However, it’s worth noting that, in some instances, brain injuries that result in death or that are caused by medical malpractice get an extended time limit. As such, the time limit for any given case will be determined by the conditions and factors surrounding the case.
To learn more about brain injury time limits in Georgia, get in touch with Douglasville brain injury lawyers from Hartley, Rowe, and Fowler P.C. for legal counsel. Remember, time is of the essence when it comes to filing a brain injury claim in Georgia, so don’t take too long before you start the process.
Why Should I Contact a Douglasville Brain Injury Lawyer?
As brain injury lawyers, we do our best to stay updated on the best test and technologies for traumatic brain injuries and always ensure that our TBI clients receive the best treatment and care. At Hartley, Rowe, and Fowler P.C., we are constantly dealing with insurance defense lawyers and insurance adjusters and, therefore, know all the tactics they employ when combating personal injury claims.
As a law firm that handles brain injury claims, we are willing to fight vigorously for your rights and ensure that insurance companies do not discredit your claim and that you receive maximum compensation for your injuries. Get in touch with us to learn more about how we can help.
Contact Hartley, Rowe, and Fowler P.C.
If you or someone close to you have suffered a traumatic brain injury, Hartley, Rowe, and Fowler P.C. can help you make sense of available legal options while helping you file a claim to receive compensation for losses sustained. So, if you need help with your brain injury claim, contact our office today for a free, no-obligation case review. Call 678-825-6004 now to speak to an experienced Douglasville brain injury lawyer from Hartley, Rowe, and Fowler P.C.