Atlanta Brain Injury Attorney for Traumatic Brain Damage Due to Injury

Atlanta Brain Injury Attorney

Atlanta Attorney for Traumatic Brain Injury Victims Due to Third-Party Negligence

Our goal as injury lawyers is to fight on behalf of those affected by traumatic brain injuries (TBI) caused by the careless or criminal actions of others. It’s about accountability, but it’s also about ensuring survivors are financially prepared for the next chapter.

Stephen D. Apolinsky and our Atlanta traumatic brain injury attorneys have successfully obtained compensation for individuals who’ve suffered serious, debilitating, and lifelong injuries. At Apolinsky & Associates, LLC, we understand the many ways in which a traumatic brain injury can completely upend your life. When it comes to your case, our attorneys will fight hard to ensure you are fairly compensated. 

What is a Traumatic Brain Injury?

A traumatic brain injury, or TBI, is an injury usually caused by a violent blow to the head. These injuries are oftentimes caused by negligence on the part of another party. In other words, the irresponsible actions of another individual are often the cause of a victim’s TBI.

Some of the most common accident types that can result in a traumatic brain injury include:

  • Motor vehicle accidents (cars, trucks, motorcycles, bicycle & pedestrian accidents, etc.)
  • Physical assault
  • Struck by/against something (i.e. sports-related injuries, falling merchandise, construction accidents, work accidents, etc.)

Long-Term Impact of Traumatic Brain Injuries

Damage to the brain can significantly impair an individual’s life and certainly qualifies as catastrophic. Individuals who survive a traumatic brain injury may suffer long-term effects as a result of their injury, such as:

  • Cognitive difficulties
  • Immense pain
  • Paralysis
  • Personality changes
  • Reduction or loss of muscle control
  • Loss of sexual function
  • Diminished or loss of bladder and bowel control

Per the CDC, moderate to severe brain injuries are a lifelong condition, and can lead to a life expectancy that is reduced by about 9 years. Many TBI sufferers find it difficult or impossible to return to work. In severe cases, TBI patients may need round-the-clock medical care and physical assistance.

Of course, the stress, emotional turmoil, caregiving duties, and financial strain stemming from a traumatic brain injury can also take an immense toll on the physical and mental health of the TBI patient’s family members. Spouses and children, especially, are deprived of the family relationship they came to rely on from the person who was injured. Frankly, they may feel they’ve lost their loved one, even while they’re still living.

Proving Negligence & Causation in a Traumatic Brain Injury Case

Negligence can refer to a wide range of actions or failures to act. For example, if your TBI occurred as the result of a car accident, the other driver may have been negligent if they caused the crash while operating their vehicle unsafely by speeding or drinking and driving. If your TBI was sustained during a slip and fall accident, you might seek to show the site of the injury was unreasonably dangerous, despite the property owner’s duty to maintain a safe premise.

Negligence can be broken down into four simple parts which the plaintiff (person injured) must prove:

  • The person named in the suit (the defendant) owed you a duty of care.
  • The defendant breached the duty of care owed to you through an act of negligence.
  • The breach of the duty of care was the legal cause of your injuries.
  • The plaintiff suffered damages (losses) as a result of the accident.

When the negligence of another person causes or contributes to the cause of a traumatic brain injury, it can be grounds to pursue financial compensation. Claims for damages in TBI cases commonly involve:

Negligence is understood to be the absence of ordinary care (when one has a legal duty to exercise it) resulting in serious injuries to another. Although we frequently use the word “accident,” the reality is that so many of the circumstances that lead to Atlanta traumatic brain injuries involve careless actions resulting in preventable consequences.

Establishing negligence doesn’t mean proving the other person meant you harm. Rather, it means showing that the injury was caused or exacerbated by a failure to exercise ordinary diligence, as defined in O.C.G.A. 51-1-2.

The question of whether you are able to pursue damages will also hinge partially on the ability of the responsible parties to pay. For example, if your TBI resulted from a violent attack, you may have a viable claim for intentional tort against the perpetrator. However, unless that individual is independently wealthy, you may have a tough time collecting anything. (This is partly why victims of violence often pursue third-party premises liability claims against property owners, often prevailing on legal theories like negligent security.) This should factor into your decision to pursue a claim.

A TBI results in myriad losses for the affected individual and their family. This includes medical expenses, lost wages, an inability to care for oneself, pain and suffering, and more. In many cases, it is possible to recover some amount of compensation if you can establish that another’s negligence caused or contributed to your injuries.

Compensation & Damages Recoverable in a Traumatic Brain Injury Lawsuit

It is imperative to contact an attorney as soon as possible in cases of traumatic brain injury. With very few exceptions, Georgia’s statute of limitations gives you just two years from the cause of action (usually the date of the accident that caused the TBI) in which to file a legal claim for damages, per O.C.G.A. 9-3-33. Failure to take action in that window may result in forever closing the door on the chance for financial compensation for your traumatic brain injury.

Injured victims deserve financial compensation that is equivalent to the full value of their losses. In Georgia, personal injury compensation is available for both direct economic losses and intangible (noneconomic) damages. Most personal injury cases are defended by corporations or big insurance companies, and these companies will always fight aggressively to deny claims or limit settlement offers.

Securing high-quality legal representation improves your chances of obtaining full and fair compensation. Our traumatic brain injury lawyers help victims seek recovery for:

  • Emergency room costs and ambulance fees.
  • Mental anguish.
  • All other medical bills.
  • Long-term disability (LTD).
  • Lost current and future wages.
  • Loss of life enjoyment.
  • Pain and suffering.

Spouses and/or children may be able to pursue their own claims for loss of consortium.

Note that even if you were partially responsible for your own injury, Georgia follows a system of modified comparative fault with a 50 percent bar. What that means is that you can still obtain compensation for a traumatic brain injury even if you were partially to blame – so long as you weren’t more than 49 percent responsible. If you are deemed comparatively at fault, your damage award will be proportionately limited. Our dedicated injury attorneys fight to ensure this does not happen, or that any evidence of your own liability for your TBI is significantly mitigated.

Types of Traumatic Brain Injury Cases We Handle

  • Gunshot Wounds Case Icon
    Gunshot Wounds

    Victims of traumatic brain injuries caused by gunshot wounds in Georgia should seek counsel from an experienced personal injury attorney to fight for fair compensation for financial and emotional damages.

    Read More

  • Violent Crimes Case Icon
    Violent Crimes

    Traumatic brain injury from a violent assault can have severe consequences for victims. With the help of an attorney, compensation may be possible.

    Read More

  • Premises Liability Case Icon
    Premises Liability

    Owners or occupiers of land accept a legal duty of care for those they invite onto their property. As such, victims of TBI caused by a failure in keeping a property safe may be liable for damages from a property owner.

    Read More

  • Physical Assault Case Icon
    Physical Assault

    Victims of traumatic brain injury from physical assault can damages for things like mental anguish or emotional distress caused by the attack. Victims should consult an experienced legal team to determine how they can receive compensation.

    Read More

  • Semi-Truck Accidents Case Icon
    Semi-Truck Accidents

    Trucking accidents can very easily cause traumatic brain injuries. It is crucial to consult with a dedicated legal team to receive fair compensation from all potentially liable parties.

    Read More

  • Car Accidents Case Icon
    Car Accidents

    Car accidents can lead to significant pain and medical expenses due to traumatic brain injury. Thankfully, Georgia law allows anyone injured by an unsafe driver to pursue civil litigation and obtain financial compensation for those losses.

    Read More

  • Bicycle Accidents Case Icon
    Bicycle Accidents

    Cyclists suffer traumatic brain injuries from collisions with negligent and reckless drivers far too often. If your TBI was caused by being hit by a motor vehicle while riding your bicycle, you may be liable for compensation.

    Read More

  • Pedestrian Accidents Case Icon
    Pedestrian Accidents

    Pedestrian accidents are a major problem in urban areas of Georgia. Because pedestrian accidents tend to be very serious, resulting in injuries such as traumatic brain injury, it’s critical to consult with with a skilled legal team.

    Read More

Types of Traumatic Brain Injury Cases We Handle

  • Gunshot Wounds Case Icon
    Gunshot Wounds

    Victims of traumatic brain injuries caused by gunshot wounds in Georgia should seek counsel from an experienced personal injury attorney to fight for fair compensation for financial and emotional damages.

    Read More

  • Violent Crimes Case Icon
    Violent Crimes

    Traumatic brain injury from a violent assault can have severe consequences for victims. With the help of an attorney, compensation may be possible.

    Read More

  • Premises Liability Case Icon
    Premises Liability

    Owners or occupiers of land accept a legal duty of care for those they invite onto their property. As such, victims of TBI caused by a failure in keeping a property safe may be liable for damages from a property owner.

    Read More

  • Physical Assault Case Icon
    Physical Assault

    Victims of traumatic brain injury from physical assault can damages for things like mental anguish or emotional distress caused by the attack. Victims should consult an experienced legal team to determine how they can receive compensation.

    Read More

  • Semi-Truck Accidents Case Icon
    Semi-Truck Accidents

    Trucking accidents can very easily cause traumatic brain injuries. It is crucial to consult with a dedicated legal team to receive fair compensation from all potentially liable parties.

    Read More

  • Car Accidents Case Icon
    Car Accidents

    Car accidents can lead to significant pain and medical expenses due to traumatic brain injury. Thankfully, Georgia law allows anyone injured by an unsafe driver to pursue civil litigation and obtain financial compensation for those losses.

    Read More

  • Bicycle Accidents Case Icon
    Bicycle Accidents

    Cyclists suffer traumatic brain injuries from collisions with negligent and reckless drivers far too often. If your TBI was caused by being hit by a motor vehicle while riding your bicycle, you may be liable for compensation.

    Read More

  • Pedestrian Accidents Case Icon
    Pedestrian Accidents

    Pedestrian accidents are a major problem in urban areas of Georgia. Because pedestrian accidents tend to be very serious, resulting in injuries such as traumatic brain injury, it’s critical to consult with with a skilled legal team.

    Read More

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Georgia Traumatic Brain Injury Lawsuit FAQs

What Are The Most Common Causes Of Traumatic Brain Injuries (TBI)?

A large percentage of traumatic brain injuries in the United States occur because of another party’s negligence. In other words, the irresponsible actions of another individual are often the cause of a victim’s TBI. Some of the most common accident types that result in TBIs include:

  • Car crashes.
  • Slip and fall accidents.
  • Assaults.
  • Struck by/against something (i.e. sports related injuries, falling merchandise, construction accidents, work accidents, etc.).

Can I Recover Compensation for my Traumatic Brain Injury (TBI)?

A TBI results in myriad losses for the affected individual and their family. This includes medical expenses, lost wages, an inability to care for oneself, pain and suffering, and more. In many cases, it is possible to recover some amount of compensation if you can establish that another’s negligence caused or contributed to your injuries. Negligence can be broken down into four simple parts the plaintiff (person injured) must prove:

  • The person named in the suit (the defendant) owed you a duty of care.
  • The defendant breached the duty of care owed to you through an act of negligence.
  • The breach of the duty of care was the legal cause of your injuries.

Negligence can refer to a wide range of actions or failure to act. For example, if your TBI occurred as the result of a car accident, the other driver may have been negligent if they caused the crash while operating their vehicle unsafely by speeding or drinking and driving. If your TBI was sustained during a slip and fall accident, you might seek to show the site of the injury was unreasonably dangerous, despite the property owner’s duty to maintain a safe premises.

The question of whether you are able to pursue damages will also hinge partially on the ability of responsible parties to pay. For example, if your TBI resulted from a violent attack, you may have a viable claim for intentional tort against the perpetrator. However, unless that individual is independently wealthy, you may have a tough time collecting anything. (This is partly why victims of violence often pursue third-party premises liability claims against property owners, often prevailing on legal theories like negligent security.) This should factor into your decision to pursue a claim.

What Are the Effects of a Traumatic Brain Injury?

Damage to the brain can significantly impair an individual’s life and certainly qualifies as catastrophic. Individuals who survive a traumatic brain injury may suffer:

  • Cognitive difficulties.
  • Immense pain.
  • Paralysis.
  • Personality changes.
  • Reduction or loss of muscle control.
  • Loss of sexual function.
  • Diminished or loss of bladder and bowel control.

Per the CDC, moderate to severe brain injuries are a lifelong condition, and can lead to a life expectancy that is reduced by about 9 years. Many TBI sufferers find it difficult or impossible to return to work. In severe cases, TBI patients may need round-the-clock medical care and physical assistance.

Of course, the stress, emotional turmoil, caregiving duties, and financial strain stemming from a traumatic brain injury can also take an immense toll on the physical and mental health of the TBI patient’s family members. Spouses and children, especially, are deprived of the family relationship they came to rely on from the person who was injured. Frankly, they may feel they’ve lost their loved one, even while they’re still living.

As leading traumatic brain injury Attorneys in Georgia, Apolinsky & Associations, LLC offers free and confidential consultations to those interested in more information about their legal rights after experiencing TBI. With our experience obtaining millions of dollars in verdicts and settlements for our clients, you can feel confident in contacting our team of Atlanta personal injury lawyers to learn about our ability to help those injured due to the negligent actions of another person, employer or business.

What Types Of Financial Compensation Is Available To Victims of A Traumatic Brain Injury (TBI)?

Injured victims deserve financial compensation that is equivalent to the full value of their losses. In Georgia, personal injury compensation is available for both direct economic losses and intangible (noneconomic) damages. Of course, most personal injury cases are defended by corporations or big insurance companies, and these companies will always fight aggressively to deny claims or limit settlement offers.

High-quality legal representation improves your chances of obtaining full and fair compensation. Our traumatic brain injury lawyers help victims seek recovery for:

  • Emergency room costs and ambulance fees.
  • Mental anguish.
  • All other medical bills.
  • Long-term disability (LTD).
  • Lost current and future wages.
  • Loss of life enjoyment.
  • Pain and suffering.

Spouses and/or children may be able to pursue their own claims for loss of consortium.

Note that even if you were partially responsible for your own injury, Georgia follows a system of modified comparative fault with a 50 percent bar. What that means is you can still obtain compensation for a traumatic brain injury even if you were partially to blame – so long as you weren’t more than 49 percent responsible. If you are deemed comparatively at fault, your damage award will be proportionately limited. Our dedicated injury attorneys fight to ensure this does not happen, or that any evidence of your own liability for your TBI is significantly mitigated.

What is Negligence in a Traumatic Brain Injury Case?

When the negligence of another person causes or contributes to the cause of a traumatic brain injury, it can be grounds to pursue financial compensation. Claims for damages in TBI cases commonly involve:

  • Car accidents.
  • Truck accidents.
  • Construction accidents.
  • Defective products.
  • Dangerous conditions on another’s property (including foreseeable violence).

Negligence is understood to be the absence of ordinary care (when one has a legal duty to exercise it) resulting in serious injuries to another. Although we frequently use the word “accident,” the reality is so many of the circumstances that lead to Atlanta traumatic brain injuries involve careless actions resulting in preventable consequences. Establishing negligence doesn’t mean proving the other person meant you harm. Rather, it means showing that the injury was caused or exacerbated by a failure to exercise ordinary diligence, as defined in O.C.G.A. 51-1-2.

What Is The Statute Of Limitations For A Traumatic Brain Injury Civil Suit?

Essentially, the statute of limitations means the amount of time you have from when the criminal act causing a TBI occurs until you must file a lawsuit.  Your case does not have to conclude by the end of the statute, it just has to be filed before.

Under GA Code § 9-3-33, the statute of limitations holds that injured parties in Georgia have just two years to bring personal injury claims forward. After those two years, a court will dismiss your claim. It is important to remember that oftentimes, insurance companies will engage in stalling techniques to run out the clock and avoid paying you anything.

There are a number of complex factors that go into the statute of limitations in any individual case, so if you want to pursue a civil claim, you are advised to contact a personal injury lawyer experienced in traumatic brain injury cases to build your case.

As leading traumatic brain injury Attorneys in Georgia, Apolinsky & Associations, LLC offers free and confidential consultations to those interested in more information about their legal rights after experiencing TBI. With our experience obtaining millions of dollars in verdicts and settlements for our clients, feel at ease in contacting our team of Atlanta personal injury lawyers to learn about our ability to help those injured due to the negligent actions of another person, employer or business.