Traumatic brain injuries (TBIs) are very common in the United States. According to the Centers for Disease Control and Prevention (CDC), there were over 64,000 TBI-related deaths throughout the country in 2020, which translates to about 176 deaths each day. Even non-fatal TBIs can cause a wide range of short-term and long-term health consequences that may require ongoing treatment and seriously impact your day-to-day well-being.
If you suffered a TBI in an accident you did not cause, contact Butler Kahn today to discuss your legal rights and options. Chances are you are entitled to compensation for medical bills, pain, suffering, and more. The sooner you consult with an experienced injury attorney, the sooner they can get you going on the path toward legal compensation. Speak to one of our knowledgeable and compassionate injury attorneys today in a free, no-obligation consultation.
Butler Kahn is a Jonesboro personal injury law firm that helps people and families after traumatic brain injuries caused by someone else’s negligence. Brain injuries frequently result from car accidents, truck crashes, slip and fall incidents, workplace accidents, and violent crimes throughout Clayton County. If you or a loved one suffered a TBI in Jonesboro or the surrounding areas, we can review your case and explain your legal options at no cost.
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What Are the Most Common Causes of Brain Injuries?
Any serious bump, blow, or jolt to the head can potentially lead to brain injury. Traumatic brain injuries cause lasting cognitive, physical, and emotional impairments that affect every aspect of a person’s life. In other words, the range of scenarios that may lead to a TBI is virtually limitless. A few of the most common scenarios include:
Slips, trips, and falls – The CDC reports that nearly half of all TBI-related hospitalizations nationwide occur because of fall injuries. Older adults are especially likely to suffer TBIs from accidental falls. Property owners who fail to maintain safe conditions on their premises may be held liable when falls cause brain injuries. Our Georgia premises liability lawyers handle these cases throughout Clayton County.
Motor vehicle accidents – Millions of auto accidents occur throughout the country every year. Car accidents cause traumatic brain injuries when the head strikes the steering wheel, window, or dashboard, or when the brain is shaken violently inside the skull during impact. Jonesboro car accident cases involving TBIs often result in significant compensation due to the severity of these injuries.
Truck and motorcycle crashes –Commercial truck accidents and motorcycle crashes frequently cause brain injuries because of the extreme forces involved. These collisions are common along I-75, Tara Boulevard, and Highway 54 in Clayton County.
Intentional violence – Some TBIs occur because of intentional acts of violence, like assault, domestic abuse, and crimes involving guns. In addition to criminal prosecution, at-fault parties may also face liability through a civil personal injury claim. Victims of violent crimes can pursue compensation through crime victim lawsuits.
Work-related accidents – Many TBIs occur at work. These kinds of accidents are more common in high-activity work environments, such as construction sites and factories. Injured workers can pursue compensation by filing a workers’ compensation claim, and in some cases may also have a third-party personal injury claim against a negligent contractor or equipment manufacturer.
Sports and recreational accidents – Even when having fun, accidents happen. Unfortunately, certain high-impact sports—such as football, skiing, and boxing—are more likely to result in TBIs than others.
How Are Brain Injuries Classified?
There are many kinds of brain injuries, as well as ways to classify them. These injuries can range from minor concussions causing temporary damage to catastrophic penetrating injuries that may result in lifelong impairment or death. Understanding brain and head injury classifications helps victims and families prepare for the medical and legal process ahead. This section explores common medical terminology used to classify brain injuries.
Concussions – Concussions, the most common form of TBI, result in a temporary interruption of brain function. Concussions are usually mild but can be severe when victims suffer prolonged loss of consciousness, as well as multiple concussions over time.
Contusions – A cerebral contusion is a bruise on the soft surface of the brain. They occur when a strong jolt causes the brain to strike the inside of the skull. Contusions can result in bleeding and life-threatening swelling within the skull.
Coup-contrecoup injuries – A coup-contrecoup injury occurs when a sharp blow to the head causes the brain to ricochet within the skull, resulting in a double injury. The coup injury occurs when the brain strikes one side of the skull in a forward motion, and the contrecoup injury occurs when it bounces back and strikes the opposite side of the skull.
Diffuse axonal injuries – A diffuse axonal injury occurs when crucial nerve fibers, known as axons, are torn when the brain shifts or rotates within the skull. These injuries can be very serious and often leave patients in a coma.
Hypoxic/Anoxic brain injuries – A hypoxic brain injury occurs when the brain does not receive enough oxygen to function properly. An anoxic brain injury occurs when the brain receives no oxygen at all. Near-drowning incidents, medical malpractice, and strangulation can cause these injuries.
Penetrating brain injuries – A penetrating TBI is a severe brain injury that occurs when an object punctures or fractures the skull and causes direct damage to the brain. A gunshot wound to the head is a common example. These injuries often result in wrongful death claims.
What Compensation Is Available Through a Brain Injury Lawsuit?
If you suffered a TBI in an accident caused at little to no fault of your own, you are probably entitled to legal compensation. Brain injuries cause extensive damages because they often require ongoing medical care, rehabilitation, and result in permanent changes to a person’s ability to work and enjoy life. If you can show by a preponderance of the evidence that the at-fault party caused your injuries, they may be ordered to compensate you for the economic and non-economic impact the injuries have on your life, including:
Hospital bills and other medical costs
Future medical expenses for ongoing treatment and rehabilitation
Out-of-pocket travel costs to medical appointments
Lost wages from time missed at work during recovery
Lowered earning potential if your injuries leave you disabled
In-home care and assistance with daily living activities
Physical pain and suffering
Emotional trauma, anxiety, and depression
Loss of enjoyment of life
Lowered quality of life
Loss of consortium for spouses
In cases involving particularly reckless or intentional conduct, Georgia law may allow victims to recover punitive damages in addition to compensatory damages.
How Long Do I Have to File a Lawsuit After Suffering a Brain Injury?
It is very important that victims comply with this deadline, as failure to do so nearly always results in their case being dismissed in court. This will simultaneously destroy your legal right to compensation and your leverage when negotiating an out-of-court settlement with the at-fault party and their insurers.
There are limited exceptions that may extend or shorten this deadline, such as cases involving minors, government entities, or situations where the injury was not immediately discovered. Contact a Jonesboro brain injury lawyer as soon as possible to protect your rights.
Who May Be Liable for Your Brain Injury?
Depending on how your brain injury occurred, multiple parties may share responsibility for your damages. Identifying all liable parties is essential to maximizing your compensation. Potentially liable parties in Clayton County brain injury cases include:
Negligent drivers – Drivers who cause accidents through speeding, distracted driving, drunk driving, or other careless behavior
Trucking companies – Commercial carriers that fail to properly train, supervise, or monitor their drivers
Property owners – Landowners, businesses, and landlords who fail to maintain safe premises
Employers – Companies that fail to provide safe working conditions or proper safety equipment
Product manufacturers – Companies that produce defective vehicles, safety equipment, or other products
Government entities – Cities, counties, or state agencies responsible for dangerous road conditions
Security companies – Firms that fail to provide adequate security at premises where violent crimes occur
Medical providers – Healthcare professionals whose negligence causes or worsens brain injuries
How Can an Attorney Help?
Personal injury lawsuits are complex. Your attorney’s job is to make sure nothing goes wrong. At Butler Kahn, we take our legal and professional responsibility to protect and promote the best interests of our clients very seriously. When you hire us, we fulfill that responsibility by:
Making sure you know your full rights and options.
Conducting an independent investigation into the cause of your brain injury.
Identifying all sources of liability and compensation for your claim.
Handling communication with the at-fault party and their insurers on your behalf.
Gathering medical records, incident reports, and other evidence to substantiate your claim.
Working with neurologists, neuropsychologists, and life care planners to document the full impact of your TBI.
Interviewing witnesses and reliable experts to gather compelling testimony.
Managing case documents, filings, and deadlines.
Negotiating aggressively with the at-fault party and their insurers to maximize your settlement.
Taking your case to court and representing you at trial when a reasonable out-of-court settlement cannot be reached.
Why People in Jonesboro Call Butler Kahn for Brain Injury Cases
Butler Kahn takes fewer cases on purpose so we can do deeper work on each one. Brain injury cases require substantial resources to prove the full extent of damages, including expert medical testimony and life care planning. We prepare every case as if it’s going to trial, which gives us leverage when negotiating with insurance companies.
Serious injury focus – We handle serious personal injury and wrongful death cases, not minor fender benders
Trial-ready approach – We prepare every case for trial, which strengthens settlement negotiations
Local presence – Our Jonesboro office at 21 Lee Street serves clients throughout Clayton County
Proven results – We have obtained substantial verdicts and settlements for brain injury victims
No fee unless we win – You pay nothing unless we recover compensation for you
Brain Injury Legal Services in Clayton County and South Metro Atlanta
Our Jonesboro brain injury lawyers represent clients throughout Clayton County and the surrounding South Metro Atlanta area. We handle TBI cases for accident victims in:
Clayton County Communities
Jonesboro
Morrow
Forest Park
Riverdale
Lake City
Lovejoy
Rex
Conley
Ellenwood
Bonanza
Major Roads and Accident Locations
Brain injuries frequently occur in crashes along I-75, Tara Boulevard (US-19/41), Highway 54, Jonesboro Road, Mt. Zion Boulevard, and Flint River Road. Our attorneys are familiar with accident-prone intersections throughout Clayton County and understand the unique challenges these cases present.
Nearby Areas We Serve
In addition to Clayton County, we represent brain injury victims in Henry County, Fayette County, Fulton County, and DeKalb County. Our Atlanta brain injury lawyers and attorneys in our other Georgia offices work together to serve clients across the metro area.
Our Jonesboro Office
Butler Kahn – Jonesboro Personal Injury Lawyers
21 Lee Street, Suite 250
Jonesboro, GA 30236
Phone: (770) 629-8366
Our office is located near the Clayton County Courthouse in downtown Jonesboro. Free parking is available. We serve clients throughout Clayton County and South Metro Atlanta.
Jonesboro Office Location
Frequently Asked Questions About Brain Injuries in Jonesboro
Do I have a case if I don’t feel hurt right away after an accident?
Yes, you may still have a valid brain injury claim. Brain injury symptoms often appear hours or even days after an accident. Adrenaline and shock can mask symptoms initially. If you were in an accident involving a blow to the head, seek medical attention promptly and document everything, even if you feel fine at first.
Should I talk to the insurance adjuster after a brain injury?
No, we recommend speaking with a brain injury lawyer before giving any statement to an insurance company. Insurance adjusters are trained to minimize payouts and may use your words against you. Let an experienced attorney handle communications with the insurer to protect your rights.
How much does it cost to hire Butler Kahn for a brain injury case?
There is no upfront cost. We handle brain injury cases on a contingency fee basis, which means you pay nothing unless we recover compensation for you. This allows injury victims to access quality legal representation regardless of their financial situation.
What is the average settlement for a brain injury case in Georgia?
Brain injury settlements vary widely depending on the severity of the injury, the impact on your life, and the available insurance coverage. Mild TBIs may settle for tens of thousands of dollars, while severe brain injuries resulting in permanent disability can result in settlements or verdicts worth millions. We evaluate each case individually to pursue maximum compensation.
How long does a brain injury lawsuit take in Georgia?
Most brain injury cases take between one to three years to resolve. The timeline depends on the complexity of your case, the severity of your injuries, whether you reach maximum medical improvement, and whether the case goes to trial. We work to resolve cases as efficiently as possible while ensuring you receive fair compensation.
Can I file a lawsuit if my loved one died from a brain injury?
Yes. If a family member died from a traumatic brain injury caused by someone else’s negligence, you may be able to file a wrongful death claim. Georgia law allows certain family members to recover compensation for funeral expenses, loss of financial support, and loss of companionship.
What evidence is needed to prove a brain injury claim?
Key evidence in brain injury cases includes medical records, imaging studies (CT scans, MRIs), neuropsychological evaluations, accident reports, witness statements, photographs, and expert testimony. We work with medical specialists to document the full extent of your injury and its impact on your life.
Can I recover compensation if I was partially at fault for my accident?
Yes, Georgia follows a modified comparative negligence rule. You can recover compensation as long as you were less than 50% at fault for the accident. Your compensation will be reduced by your percentage of fault. For example, if you were 20% at fault and your damages are $100,000, you would receive $80,000.
What if the at-fault driver has no insurance or limited insurance?
If the at-fault driver has insufficient insurance, you may be able to recover compensation through your own uninsured or underinsured motorist (UM/UIM) coverage. We also investigate whether other parties share liability and whether there are additional sources of recovery.
Do I need a lawyer for a mild TBI or concussion?
Even mild brain injuries can have lasting effects and may require ongoing treatment. If your concussion was caused by someone else’s negligence, consulting with a brain injury lawyer can help you understand your options. We offer free consultations to evaluate your case.
What types of doctors treat traumatic brain injuries?
Brain injury treatment may involve neurologists, neurosurgeons, neuropsychologists, physiatrists (physical medicine and rehabilitation specialists), occupational therapists, speech therapists, and cognitive rehabilitation specialists. We can help connect you with appropriate medical providers if needed.
Can children recover from brain injuries better than adults?
While children’s brains have more plasticity, pediatric brain injuries can be particularly devastating because they may interfere with normal development. Children who suffer TBIs may experience learning disabilities, behavioral problems, and developmental delays that affect them throughout their lives. These cases often require life care planning to account for decades of future needs.
What is a life care plan in a brain injury case?
A life care plan is a document prepared by a medical expert that projects the future medical care, rehabilitation, and support services a brain injury victim will need throughout their lifetime. This plan is critical evidence for calculating the full value of a serious brain injury claim.
Can I sue a nursing home if my parent suffered a brain injury from a fall?
Yes. Nursing homes have a duty to protect residents from falls and other preventable injuries. If a nursing home’s negligence caused your parent’s brain injury, you may have a valid nursing home abuse or neglect claim.
How do I pay for medical treatment while my case is pending?
You may be able to use your health insurance, personal injury protection (PIP) coverage, or medical payment (MedPay) coverage while your case is pending. Some medical providers will treat brain injury victims on a lien basis, meaning they wait for payment until your case resolves. We can discuss options for covering your medical expenses.
What if I can’t remember the accident because of my brain injury?
Memory loss is common with traumatic brain injuries and does not prevent you from pursuing a claim. We build cases using other evidence such as accident reconstruction, witness statements, police reports, surveillance footage, and physical evidence from the scene.
Contact a Jonesboro Brain Injury Lawyer
If you are reading this page because you or a loved one has a brain injury due to an accident, we hope you or they are receiving the medical care you need and are making a recovery. We also hope the information on this page has been helpful. If you would like to talk with us about your situation, call us at (770) 629-8366 or contact us online. There is no charge to talk with us about your case.
Butler Kahn represents brain injury victims in Jonesboro, throughout Clayton County, and across Georgia. We handle cases involving car accidents, truck crashes, motorcycle wrecks, slip and falls, workplace accidents, violent crimes, and other incidents that cause traumatic brain injuries. Contact our Jonesboro personal injury law firm today for a free consultation.
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