One of the worst types of injuries anyone can suffer is a traumatic brain injury. This type of injury affects the most complex organ in our body. The brain coordinates every process in our body, from breathing and the heartbeat to thinking and having creative ideas. As an Atlanta personal injury lawyer knows, many instances of traumatic brain injuries occur as a result of an accident caused by someone else’s negligence.
When such an accident happens, the victim is often left with life-changing injuries. And their family is burdened with medical costs and ongoing life care costs. But an experienced Atlanta brain injury lawyer can at least provide financial relief.
We will help you file an insurance claim against the at-fault party and seek the maximum damages you are entitled to collect. In general, claims for traumatic brain injury are very high. Thus, you will need an experienced lawyer to negotiate with the at-fault party’s insurance company.
A Few Facts About Traumatic Brain Injury
Traumatic brain injury (TBI) is caused by a blow, bump, or any force applied to the head that leads to physical damage to the brain. There are two types of TBI.
- Penetrating – when a foreign object breaks through the skull and injures the brain tissue.
- Non-penetrating – when a very heavy force is applied to the head, without breaking the skull, but causing the brain to move inside and suffer injuries.
Statistical data collected by the Centers for Disease Control and Prevention indicate that ethnic and racial minorities, including the Hispanic population, have an increased risk of traumatic brain injuries, including from:
- Slip and fall accidents
- Car accidents
- Being hit with a blunt object
- Attacks with a firearm.
How Traumatic Brain Injury Damages Are Calculated in Georgia
Let us now discuss the aspect you are most interested in how much money you stand to collect after filing a claim or lawsuit for traumatic brain injury. A seasoned Atlanta personal injury lawyer will tell you that giving you an average amount before analyzing the case is not helpful at all.
Many factors affect the final amount a lawyer will negotiate for you. The following are the most important factors in determining compensation for a traumatic brain injury.
1. The Effects of Traumatic Brain Injury on the Victim’s Health
Depending on the area of the brain which was affected, each TBI patient experiences different symptoms. Some people experience milder symptoms, such as:
- Feeling light-headed
More severe symptoms of a traumatic brain injury can include:
- Convulsions or seizures
- Memory problems
- Blurred vision
- Slurred speech
- Sensitivity to light or sound.
Finally, some of the accident victims who suffer traumatic brain injury can be left with a reduced level of consciousness, such as:
- Minimally conscious state
- Vegetative state
As your Atlanta personal injury lawyer can tell you, the current and future medical costs increase with the severity of the injury and its related symptoms. However, you can be certain that the lawyer will include all the eligible economic damages in the claim.
2. Whether the At-Fault Party Is an Individual or a Business
One of the things personal injury victims must know is that the compensation they may collect from an insurance company is limited by the available coverage.
Suppose that a traumatic brain injury is the result of a car accident caused by a driver carrying the minimum coverage amounts. In this case, the available compensation is within these amounts:
- $25,000 for bodily injury per person
- $50,000 for bodily injury per accident
- $25,000 for property damage per accident.
Things are completely different if the victim suffered TBI as a result of a slip and fall accident in a large retail store. Big Box store companies carry very large insurance coverage for any kind of potential claim.
However, this does not mean that they are ready and willing to pay. These companies work with large insurance companies and train their staff to do everything to prevent a claim from being filed.
3. The Impact of the Injury on the Person’s Quality of Life
Non-economic damages are usually significant in traumatic brain injury cases. Victims may experience constant pain, have seizures, or even survive in a minimally conscious state.
Thus, they experience a very low quality of life, as well as other associated non-economic damages, including loss of consortium, mental anguish, and emotional trauma.
4. Whether Punitive Damages Are Available
Finally, there are instances when a traumatic brain injury is the result of extreme recklessness and disregard for the person’s safety or by intention to cause harm. In these situations, an Atlanta personal injury lawyer may recommend the injured person file a personal injury lawsuit.
The reason for this is that the lawyer can seek punitive damages. In most cases, there is a $250,000 cap on these damages in Georgia. However, if the defendant acted with willful intent or under the influence of alcohol or drugs, there are no caps on punitive damages.
Also, there are no caps on punitive damages in product liability cases – injuries caused by a defective product. However, in this case, the injured person will collect only 25% of the amount, while the rest is going to the treasury of the State of Georgia.
Hire an Experienced Atlanta Personal Injury Lawyer to Win Your Settlement for TBI
Injuries of all types can have a significant impact on a person’s life, but a traumatic brain injury is especially devastating. At the Diaz & Gaeta law firm, our personal injury lawyers have extensive experience in helping victims win a fair settlement for accidents resulting in TBI.
We know that the situation may appear hopeless and frightening, especially when you need to file your claim against a big company or someone who wanted to hurt you. However, our seasoned lawyers know how to deal with any of these situations.
We will use our experience and in-depth knowledge of the law to fight for your rights and seek the maximum compensation you deserve. However, we urge you to schedule a free case review with us as soon as possible after the accident, to give us time to evaluate and prepare your case!