Legal Considerations for Traumatic Head Injuries

Jessica Nix • September 15, 2023

Traumatic brain injuries (or TBIs) are the result of a sudden blow or jolt to the head that can potentially disrupt brain function. TBIs range in severity from mild and moderate concussions to skull fractures and penetrating brain injuries, but even a seemingly minor TBI carries the risk of permanently limiting your physical and mental capacities. The long-term ramifications of these injuries make it vitally important that injury victims receive full and comprehensive compensation that covers ongoing care costs and the loss of earning capacity.

 

The personal injury lawyers at the Law Office of Rickard, Drew & Nix will help you navigate the confusing legal landscape of catastrophic injury claims and fight for the compensation you deserve.

 

Understanding the Legal Principles Related to Traumatic Head Injuries

 

Negligence and Duty of Care

In most personal injury cases involving traumatic head injuries, the central legal concept is negligence. To establish liability, you and your attorney must prove that the other party violated the duty of care you were owed by acting negligently.

 

Everyone is legally obligated to behave in a safe manner that doesn’t put the safety of others around them at risk. These obligations change based on where you are, your relationship in a professional or personal capacity and what you are doing.

 

For example, drivers have a duty to obey traffic laws and drive safely. If they speed or run a red light, it may be qualified as negligence, making them responsible for accidents and injuries that occur due to their behavior.

 

Causation and Liability

It’s not enough to show that the other party acted recklessly – you also must prove that their negligence directly resulted in your injuries and your damages (medical costs, lost wages, pain and suffering, etc.). We can help you establish a direct link between the other party's negligence and a TBI, building a compelling case that demonstrates both:

 

  • But-For Causation: Would you have been injured without the other party present? If the TBI injury only happened because of their actions, they’ll be liable and responsible for compensating you.
  • Proximate Cause: In contrast, proximate cause refers to the chain of events leading to the accident. For instance, if you’re hit by a car while crossing the intersection at a red light, the driver would be liable in your claim. However, if that car hit you because they were rear-ended and the impact forced them forward, then the vehicle behind them would be the primary cause of the accident and is thus responsible for the resulting damages. 

 

The other party will work hard to dispute any liability on their part. If they can successfully argue that you were partially at fault for your injuries – such as if you were crossing when the light wasn’t red – your compensation could be reduced.

 

Under Georgia’s comparative negligence system, settlement offers can be adjusted to reflect the percentage of responsibility on both sides after an accident. This defense strategy, when successful, can potentially result in a significant reduction in claim value.

 

Our attorneys will dedicate their time and resources to aggressively pursuing the compensation you need, constructing a persuasive legal strategy that shows the other party’s liability in your claim.

 

The Role of Forensic Examination in Traumatic Head Injuries Cases

 

If you’ve sustained a TBI, it’s essential that you undergo a forensic examination so medical professionals can get a clear picture of the injury and accurately diagnose it. Forensic examination can also provide invaluable evidence to support your personal injury case, as it has the potential to determine the cause and degree of damage.

 

X-rays, CT scans and MRIs[1]  can explain how the injury occurred and expose the potential long-term physical, mental and financial effects. Plaintiffs and personal injury attorneys can then use this information to demonstrate the severe consequences of the other party’s actions and seek maximum compensation.

 

If your case is taken to court, forensic evidence can also help the jury better understand the full extent of a traumatic brain injury. When necessary, our injury attorneys enlist medical professionals with experience explaining complicated medical subjects to a jury to increase our client’s chances of success.

 

Hire Dedicated Attorneys with a Record of Successful Verdicts Related to Traumatic Head Injury Cases

 

At the Law Office of Rickard, Drew & Nix, our skilled attorneys are ready to support you during this challenging time. We’ll strategize and negotiate on your behalf, working hard to maximize your possible compensation.

 

Have experienced legal counsel in your corner at no up-front cost. Call (404) 588-1001 or fill out our contact form for a free consultation with one of our personal injury attorneys today.

Link to "What Are the Different Types of Medical Evaluations You May Undergo After a Car Accident Injury?" blog here

Attorney Jessica Nix, Managing Partner


Jessica Nix is Managing Partner and a Personal Injury Attorney at the Law Office of Rickard, Drew & Nix in Atlanta, with more than 10 years of experience representing injury victims in courts across Metro Atlanta. She graduated cum laude from the University of Georgia School of Law, where she served as an editor of the Journal of Intellectual Property Law. Jessica is admitted to the State Bar of Georgia, is a member of the Georgia Trial Lawyers Association, and was named a Georgia Super Lawyers Rising Star for Personal Injury from 2017 to 2019. To speak with the Law Office of Rickard, Drew & Nix, schedule a free consultation today.

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Adjusters may ask for recorded statements, question your injuries, blame you for the crash, or offer a quick settlement before the full extent of your damages is known. Georgia car accident claims can also become more complicated when fault is unclear. If you are found partially responsible, your compensation may be reduced. That is why evidence, medical documentation, and careful communication with the insurance company matter. Call a Lawyer If You Were Injured If you experienced pain, went to the emergency room, visited urgent care, saw a doctor, or needed follow-up treatment after the crash, it is smart to speak with an attorney. Car accident injuries are not always obvious right away. Adrenaline can hide pain, and symptoms may appear hours or days later. 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You should seek medical care if you experience: Increasing neck or back pain Headaches Dizziness Numbness or tingling Pain radiating into your arms or legs Muscle spasms Limited range of motion Sleep problems Memory issues After getting medical care, an attorney can help protect the connection between the crash and your injuries. What If the Other Driver Has No Insurance? If the other driver is uninsured or underinsured, you may still have options through your own insurance policy. Uninsured and underinsured motorist coverage may apply in some cases. These claims can be frustrating because even your own insurance company may dispute the value of your injuries. A lawyer can review all available coverage and help determine where compensation may come from. What to Do After a Car Accident in Sandy Springs The steps you take after a crash can affect your health and your claim. If possible, you should: Call 911 and report the accident. Get medical care as soon as possible. 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