Brain injuries can happen from accidents, assaults, or at birth. The shock, trauma, and pain can be overwhelming when a brain injury occurs. If the injury happened because of a person or company’s negligence, it is normal to feel anger and confusion.
Contacting a Duluth traumatic brain injury lawyer at Barrios Virgüez is strongly recommended, as a powerful legal advocate will guide you through the next steps and help you create a personal injury claim. You could be entitled to compensation for your injuries.
Financial recovery cannot compensate for what happened, but it can provide security for you and your family. Meet with a dedicated catastrophic injury attorney at our firm today. Call to request a free consultation and learn more about how brain injury lawsuits work and how much you could be awarded.
The Impact of Your Traumatic Brain Injuries
Brain injuries are not always easy to measure. Trauma can affect the head in various ways. The damage from a brain injury can range from:
- Mild. This can happen when there is a bump or blow to the head.
- Moderate. This damage occurs when the blow to the head causes someone to lose consciousness for a few minutes or hours.
- Severe. When a person has lost consciousness from a few hours to a few days, their injury is considered severe.
Like any other injury, time is a critical factor in a brain injury. The length of time that someone has lost consciousness determines the severity of the injury. If a loved one has suffered a brain injury, you need the experience and compassion of a brain injury lawyer in Duluth, GA, on your side.
Common Types of TBIs
There are numerous types of traumatic brain injuries. These will typically occur because of some external impact. Some of the most common types of these injuries include:
Concussion
A concussion occurs when the brain moves inside the skull due to an external force. Mild concussions can cause confusion that lasts about a day, moderate concussions can confuse for up to one week, and severe concussions can cause loss of consciousness for an entire day.
Coup-Contrecoup
If a brain injury occurs on both sides of the organ, it is known as a coup-contrecoup and is most common in automobile accidents where the head is thrown to one side, injuring the brain. The force of the impact causes the brain to move swiftly to the opposite side of the skull, resulting in trauma on both sides.
Skull Fracture
A forceful impact can cause the skull to fracture, as can a puncture wound that makes contact with this protective covering.
Hematoma
Masses of blood or swelling within the brain cause hematoma injuries, as does swelling or blood masses between the brain and skull.
Diffuse Axonal Injury
If the white matter linking nerve fibers within the brain becomes torn, the resulting nerve damage is known as a diffuse axonal injury.
Contusion
If the brain swells significantly, it can press against the skull. Severe brain swelling can impede blood flow to the organ and therefore cut off its oxygen supply, resulting in brain cell damage or death.
Laceration
Brain blood vessels, as can brain tissue, can become torn from assorted impacts. Lacerations most commonly occur when the brain hits the skull ridges, causing these tears.
Traumatic brain injury symptoms can be debilitating. Some examples could include:
- Nausea and vomiting
- Anxiety and depression
- Ear ringing (tinnitus)
- Personality changes
- Irritability and moodiness
- Light and sound sensitivities
- Slurred speech
- Headaches
- Dizziness
- Seizures
- Appetite changes
Your Duluth TBI attorney will be here to help you navigate the claims process while you are coping with your recovery.
Common Causes of Brain Injuries
Brain injuries can be caused by nearly any type of accident in Duluth, and Barrios Virgüez has slip and fall accident lawyers ready to help. In addition to slip and fall accidents, traumatic brain injuries can occur because of industrial accidents, such as falling heavy objects. Other reasons include vehicular accidents, bicycle and motorcycle accidents, near-drowning accidents, medical malpractice, pedestrian accidents, sports and recreational injuries, and intentional violence.
How to Prove Negligence in a Traumatic Brain Injury Claim
For a brain injury lawyer in Duluth, GA, to prove negligence, they must show that the defendant owed the plaintiff a duty of care. Then, we must show how that care was breached. Brain injuries directly resulted from this breach, causing the plaintiff to seek damages.
For example, a pedestrian crosses a crosswalk and gets hit by a drunk driver. This driver owed the pedestrian a duty of care by following the rules of the road and not driving while intoxicated. If the pedestrian suffered a traumatic brain injury and was following traffic laws, they have the legal right to seek damages from the driver, and a lawyer in Duluth can help them seek compensation.
Modified Comparative Negligence Laws in GA Could Impact Your Case
Georgia’s modified comparative negligence laws apply if the defendant in a traumatic brain injury case claims the plaintiff is somewhat responsible for their injuries. For example, a warehouse employee sustained an injury from an unsecured falling object. The employee was operating a pallet jack at the time of the incident, but was distracted by a notification on their phone.
The worker’s carelessness resulted in the unsecured object falling and hitting them on the head. Because the object was unstable, the warehouse is partially to blame for the accident. However, the employee’s carelessness played a role, and they are found to be 40 percent to blame for their injuries.
The worker asked for $10,000 in compensation, though their blame percentage means they will receive $6,000. If the workers were found 51 percent or more at fault, they would not be entitled to injuries per the state’s modified comparative negligence laws. Your personal injury lawyer will ensure negligence is established correctly in your case so you are protected against unjust shared fault allegations.
Damages Brain Injury Victims Can Collect
A Duluth brain injury attorney can request numerous damages on behalf of their clients. You have the right to be made whole. You can be awarded restitution for a variety of economic and non-economic damages, including:
- Emergency medical care
- Ongoing medical care
- Lost wages
- Reduced earning ability
- Trauma counseling
- Mental anguish
- Pain and suffering
- Emotional distress
Plaintiffs have two years from the date of their accidents to file claims according to Georgia’s personal injury statute of limitations. There are exceptions for filing after the statute of limitations expires that will not result in case dismissals, such as the defendant leaving the state before getting served with legal papers. The statute of limitations subsequently starts when the defendant returns.
Contact a Duluth Traumatic Brain Injury Attorney for Help
If you need to speak with a Duluth traumatic brain injury lawyer about your recent trauma, contact the law office of Barrios Virgüez. This firm provides residents throughout Georgia with dedicated counsel and represents various personal injury cases. Call our office today to schedule a consultation or learn more about this firm and the claims they represent online.
You should not suffer because of someone else’s negligence or pay for the resulting medical costs. Take action now and learn what your options are. Complete our contact form to schedule a consultation with an experienced TBI lawyer today.
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