Buford’s Top Traumatic Brain Injury Lawyers — Fighting for Your Maximum Compensation

Insurance companies, whether working on behalf of a negligent party, an employer, or even a health care provider, will always try to settle as fast as they can for as little as possible. We know hardball negotiations with the insurance carrier or litigation are often the only ways you or your loved one who has been injured will be awarded the resources necessary to move forward after a life-changing injury. If you or someone you love has experienced a severe traumatic brain injury, it’s important to speak with our Atlanta-based traumatic brain injury lawyers at The McGarity Group right away regarding your legal options in Georgia.

Traumatic Brain Injury (TBI) Legal Claims

A traumatic brain injury lawsuit represents a legal action where an individual seeks compensation after suffering brain trauma caused by someone else’s wrongful conduct or failure to exercise reasonable care. These cases often involve complex medical evidence and long-term impact assessments.

Common types of compensation in these cases include:

• Medical Treatment and Rehabilitation Expenses: This covers emergency services, hospital stays, surgical procedures, specialized therapy sessions, prescription medications, and any necessary medical equipment.

   

• Punitive Damages: In cases involving particularly egregious conduct, courts may award additional damages to punish the responsible party and discourage similar behavior. These damages typically apply in cases of extreme recklessness or intentional harm.
• Ongoing care Costs: Many TBI victims need sustained support, which might include in-home care services, regular medical monitoring, specialized treatment programs, or residence in assisted living facilities. The lawsuit must account for these continuing expenses.
• Pain and Suffering: Courts recognize physical pain and psychological trauma as compensable damages. This includes compensation for depression, anxiety, personality changes, and overall reduction in life quality.
• Income and Career Impact: Claims typically include lost wages during recovery, reduced earning capacity if the victim cannot return to their previous occupation, and expenses associated with vocational rehabilitation to help the individual return to work.
• Loss of Consortium: TBIs can fundamentally alter family dynamics and personal relationships. Claims may include compensation for loss of companionship, changes in marital relationships, and reduced ability to participate in family life.
• Wrongful Death: When a TBI proves fatal, Georgia Code § 51-4-2 allows surviving family members to seek damages in a wrongful death lawsuit — including compensation for end-of-life medical care, funeral costs, lost household income, emotional support, and family services the deceased would have provided. The law specifies that compensation is divided equally among the surviving spouse and children, with the spouse guaranteed no less than one-third of the recovery.

When someone experiences a TBI, the effects can be devastating and far-reaching, touching every aspect of their life and creating substantial financial burdens. At The McGarity Group, each case receives individual evaluation from our lawyers based on its unique circumstances and the extent of harm caused. Schedule a free case evaluation with our experienced traumatic brain injury lawyers to pursue compensation that addresses both the immediate and long-term consequences of your injuries. 

Common Symptoms and Consequences of a Brain Injury

Traumatic brain injuries (TBIs) encompass a spectrum of neurological damage that can manifest through diverse physical, cognitive, and behavioral symptoms. The onset of these symptoms may be immediate or develop gradually over days to weeks, with their severity closely correlating to the extent of neural tissue damage. 

Medical professionals classify TBIs into two primary categories based on the injury mechanism:

• Blunt TBI: Also referred to as a closed brain injury, this type of TBI occurs when the brain is impacted without skull penetration. For example, a construction worker falling from scaffolding might experience a contrecoup lesion, where the brain jolts backward, hits the skull on the opposite side, and causes a bruise. This type commonly results from workplace accidents, vehicle collisions, and slips and falls.
• Open TBI: Also known as a penetrating TBI, this injury involves direct brain tissue compromise through skull penetration. Consider a scenario where a driver in a severe car accident experiences head trauma from shattered windshield fragments or structural vehicle components. Open head trauma is also seen in construction site incidents where falling debris causes direct brain trauma, as well as accidents where victims fall and strike their heads against surfaces or edges. These injuries can also result from violent situations such as assaults or attacks. 

Symptoms associated with mild TBI include:

• Loss of consciousness for a few seconds to a few minutes
• A state of being dazed, confused, or disoriented
• Memory or concentration problems
• Headache
• Dizziness or loss of balance

Moderate to severe TBI symptoms include:

• Loss of consciousness from several minutes to hours
• Profound confusion
• Agitation, combativeness, or other unusual behavior
• Slurred speech
• Inability to awaken from sleep
• Weakness or numbness in fingers and toes
• Persistent headache or a headache that worsens
• Repeated vomiting or nausea
• Convulsions or seizures

Age, gender, occupation, and lifestyle factors play significant roles in determining an individual’s risk of experiencing a long-term traumatic brain injury or having it go undetected altogether. According to the CDC, in 2018,  roughly 75% of nonfatal TBI-related hospitalizations were caused by either unintentional falls (51.0%) or motor vehicle crashes (23.8%). 

Our team of Atlanta-based traumatic brain injury lawyers understands that identifying who is most at risk for traumatic brain injuries — as well as how they typically occur — guides both prevention efforts and treatment strategies.

If you have been involved in an accident and are showing any of these side effects, it is essential to seek medical attention and determine if you have suffered a brain injury. Meet with an attorney at The McGarity Group for help with seeking accountability and compensation from the at-fault party.

Challenges TBI Victims May Encounter at School or Work

Depending upon the severity of the TBI, some individuals may experience only a few challenges in the workplace while others have more difficulties. The most common difficulties are related to attention span, short-term memory, organizational skills, headaches, and mental fatigue. We will include lost wages in your calculated damages if you’ve taken significant time off work due to your injuries.

Liability in Traumatic Brain Injury Cases

Building a successful TBI case requires clear evidence linking another party’s actions to your brain injury. Georgia Code § 51-12-33 allows injury victims to seek compensation even if they share some responsibility for the accident as long as they are found to be less than 50% at fault. 

Evidence collection begins immediately after engaging an attorney. Key documentation includes comprehensive medical records, detailed accident reports, and statements from witnesses who observed the incident. The legal team at The McGarity Group will collaborate with medical specialists who can provide expert insight into your injury’s severity and future implications.

To succeed in a traumatic brain injury lawsuit, the plaintiff must establish:

• Existence of Duty: First, prove the defendant had a responsibility to ensure your safety. Under Georgia Code § 51-1-2, this is defined as ordinary diligence. For instance, property owners must maintain safe premises, and drivers must follow traffic regulations to protect others on the road. This duty varies depending on the relationship between parties and the circumstances of the incident.
• Violation of Responsibility: Next, demonstrate how the defendant failed to meet their obligations. According to Georgia code § 51-1-2, the absence of such diligence is termed ordinary negligence. Examples include a store owner ignoring dangerous conditions that led to a fall or a commercial truck driver violating federal safety regulations. Document specific actions or omissions that breached the established duty.
• Direct Causation: Show a clear link between the defendant’s actions and your brain injury. While Georgia code § 51-11-7 states plaintiffs who could have avoided their injuries through ordinary care cannot recover damages, this doesn’t automatically bar recovery if the plaintiff’s actions only partially contributed to the injury. This often requires detailed medical documentation and expert analysis that prove the injury resulted directly from the defendant’s negligence rather than pre-existing conditions or the plaintiff’s actions.
• Damages: Present evidence of specific losses stemming from your TBI. This encompasses medical expenses, lost wages, reduced earning capacity, and changes in your quality of life. Maintaining thorough records helps quantify both economic and non-economic damages.

Expert testimony strengthens TBI cases by providing authoritative analysis. Neurologists and brain injury specialists can explain complex medical concepts to judges and juries, detailing how the injury affects the victim’s daily function and future prospects. Having experienced traumatic brain injury lawyers, like our legal team at The McGarity Group, is crucial for navigating this complex legal process effectively.

Deadlines for Filing TBI Cases in Georgia

At The McGarity Group, we understand financial concerns shouldn’t prevent injury victims from seeking justice. Like most personal injury firms, we work on a contingency fee basis: you only pay legal fees if we secure compensation for your case.

Georgia Code § 9-3-33 establishes specific time limits for filing TBI-related claims. Victims generally have two years from the date of injury to file a lawsuit. 

This deadline applies to various types of accidents that can result in traumatic brain injuries, including:

• Vehicle Collisions: Accidents involving cars, trucks, or motorcycles
• Workplace Incidents: Construction site injuries and other occupational accidents
• Premises Liability: Slip and fall accidents or other property-related injuries
• Pedestrian Accidents: Injuries involving pedestrians and vehicles

Special timing considerations:

• Reputation Damage Claims: If your case includes claims for damage to your reputation, you must file within one year of the incident
• Loss of Consortium: Claims involving loss of marital relationship benefits have a four-year filing window from the date of injury
• Multiple Claims: Cases involving both personal injury and loss of consortium require careful attention to different deadlines

These legal deadlines are strictly enforced. Courts rarely make exceptions for late filings, and missing these deadlines typically means losing your right to pursue compensation. Consulting with one of our Atlanta-based traumatic brain injury lawyers early helps ensure your rights are protected within these time limits. Contact us for a free consultation and complimentary case evaluation.

Trusted Guidance Through Your Traumatic Brain Injury Case

Our commitment to clients begins with genuine care and extends through relentless advocacy to achieve the most favorable results. Every case receives thorough investigation, backed by our established network of medical specialists, life planners, and field experts who strengthen your claim. When you choose our firm, you gain more than just attorneys — you gain professional traumatic brain injury lawyers dedicated to your case.

Our approach to your case is strengthened by:

• Extensive Trial Experience: Our Atlanta-based traumatic brain injury lawyers have been in the courtroom since 1979, giving us the formidable reputation needed to handle TBI lawsuits
• Dedicated Client Focus: We understand your case is crucial and work to advance it as quickly, efficiently, and cost-effectively as possible
• Proven Track Record: We have helped hundreds of victims obtain millions in settlements and verdicts, including multi-million dollar settlements in complex cases

With over 40 years of trial experience and recognition from organizations like Multi-Million Dollar Advocates Club and America’s Top 100 High Stake Litigators, we have the resources and expertise to handle the most complex traumatic brain injury cases. Our focus remains on securing the best possible outcome to help you move forward with your life.

Schedule a Complimentary Consultation with Our Caring Traumatic Brain Injury Lawyers 

The experienced lawyers at The McGarity Group handle all personal injury matters on a contingency fee basis. That means you don’t pay any legal fees unless and until we help you recover money. If you cannot travel to our office in Buford, we can meet with you at the hospital or at your home. 

Call us at 770-932-8477 or reach out online. We represent clients throughout Georgia.