Traumatic brain injuries (TBIs) can result in severe and sometimes permanent damage impacting the most basic aspects of the injured victim’s life, such as their career and daily interaction with loved ones. These injuries can also be costly to treat, often requiring lifelong medical care.
If you have suffered a TBI in an accident you did not cause, you are likely entitled to legal compensation from the at-fault party. Among other things, you may be compensated for medical bills, lost income, pain, and suffering. To maximize your chance of recovering the full and fair compensation you deserve, you should have your case reviewed by an experienced traumatic brain injury attorney early on.
Butler Kahn is a Lawrenceville personal injury law firm that represents people who have suffered traumatic brain injuries in car accidents, truck crashes, falls, and other serious incidents throughout Gwinnett County. A brain injury can change everything in an instant, affecting your ability to work, care for your family, and live independently. If someone else’s negligence caused your injury, you may be entitled to compensation for medical bills, lost income, ongoing care, and pain and suffering. Contact Butler Kahn at (678) 400-6166 for a free consultation with a Lawrenceville brain injury lawyer.
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One of the Best Traumatic Brain Injury Lawyers in Lawrenceville
At Butler Kahn, our Lawrenceville brain injury lawyers have a long and successful track record fighting for the rights of injury victims throughout Georgia. We take fewer cases on purpose so we can do deeper work on each one, and we prepare every case as if it’s going to trial. When you’re dealing with a traumatic brain injury, you need attorneys who understand both the medical complexities and the legal strategies required to maximize your recovery.
Call us today to learn about your rights and options in a free, no-obligation consultation.
How Common Are Traumatic Brain Injuries in Auto Accidents?
Any accident that results in blunt trauma to the head can result in a TBI. According to the Centers for Disease Control and Prevention (CDC), there were over 64,000 TBI-related deaths nationwide in 2020 alone, which translates to about 176 deaths every day. Trauma sustained in auto accidents is a leading cause. One study published in Traffic Injury Prevention estimates that “TBIs from motor vehicle crashes . . . result in 218,936 emergency department visits, 56,864 hospitalizations, and 16,402 deaths annually.” These numbers speak for themselves.
In Gwinnett County, dangerous roads like State Route 316, Sugarloaf Parkway, and Lawrenceville Highway see frequent high-speed collisions that can cause traumatic brain injuries. Car accidents often cause brain injuries because the sudden impact forces the brain to strike the inside of the skull, damaging delicate neural tissue. Even when there’s no direct blow to the head, the violent shaking motion during a crash can cause diffuse axonal injuries throughout the brain.
If you suffered a TBI in a car accident you did not cause, you should speak to a brain injury lawyer as soon as possible. The brain injury attorneys at Butler Kahn are ready to help you on the road to full and fair compensation. To learn more, see Traumatic Brain Injury: Neurologist Explains How Car Wrecks Can Cause Brain Injury.
Common Symptoms of Traumatic Brain Injuries
Brain injuries are not always immediately apparent. Symptoms may take a few hours or days to show. That said, the longer a brain injury goes unevaluated and untreated by a doctor, the greater the risk of suffering long-lasting damage. If you experience one or more of the following symptoms after an accident, you may have suffered a TBI and should see a doctor as soon as possible:
Persistent or worsening headaches
Unusual weakness or numbness
Impaired coordination
Dizziness and inability to balance
Trouble remembering, concentrating, or thinking clearly
Unevenly dilated pupils
Nausea or vomiting
Fatigue or grogginess
Slurred speech
Unusual mood swings
Sensitivity to light or sound
Sleep disturbances
Loss of consciousness, even briefly
Many people who suffer brain injuries in accidents along State Route 316 or near Sugarloaf Mills initially feel fine, only to develop serious symptoms hours or days later. This is why emergency room doctors often recommend close monitoring after any significant head trauma. If symptoms worsen or new symptoms appear, seek immediate medical attention.
Types of Brain Injuries Our Law Firm Sees
Traumatic brain injuries (TBIs) are the most common type of brain injury. They are caused by a sudden blow or jolt to the head or body that causes the brain to move rapidly inside the skull. TBIs can range from mild concussions to severe head injuries that can lead to coma or death. Car accidents, pedestrian accidents, and falls frequently cause TBIs in Gwinnett County.
Anoxic brain injuries are caused by a lack of oxygen to the brain. This can happen during a heart attack, cardiac arrest, near-drowning, or when medical providers fail to properly monitor a patient. Anoxic brain injuries can cause permanent damage to the brain, including cognitive impairment, memory loss, and personality changes.
Hypoxic brain injuries are caused by a decrease in the amount of oxygen in the blood. This can happen during a respiratory arrest, asthma attack, or pneumonia. Hypoxic brain injuries can also cause permanent damage to the brain, including cognitive impairment, memory loss, and personality changes.
Coup-contrecoup injuries occur when the brain is injured at both the point of impact and on the opposite side of the skull. These injuries are common in high-speed collisions and can cause widespread damage.
Diffuse axonal injuries happen when the brain’s long connecting nerve fibers (axons) are sheared as the brain shifts and rotates inside the skull. These injuries often result from violent crashes and can cause severe, permanent impairment.
It is important to note that the severity of a brain injury does not always correlate with the severity of the symptoms. Some people with mild TBIs may experience long-term symptoms, while others with severe TBIs may make a full recovery. If your brain injury resulted from someone else’s negligence, a wrongful death claim may be necessary if your loved one did not survive.
If you or someone you know has suffered a brain injury, it is important to seek medical attention immediately. The sooner treatment is started, the better the chances of recovery.
How Are Brain Injuries Classified?
There are many ways to classify brain injuries. For example, the Glasgow Coma Scale is commonly used by doctors to classify the severity of brain injuries based on a series of tests measuring eye, verbal, and motor responses after an accident. The Rancho Los Amigos Scale is another widely accepted system of evaluating the behavior and cognition of brain injury patients. Certain other methods of evaluating brain injuries focus less on the patient’s post-injury functionality and more on the physical aspects of the injury itself. These methods sometimes overlap and include the following categories:
Primary vs. Secondary – Primary brain injuries occur when a strike to the head or a sharp jolt causes the brain to bump against the inside of the skull. These injuries are immediate upon impact and commonly sustained in car accidents. By contrast, secondary brain injuries (e.g., brain swelling) evolve more slowly as a consequence of primary injuries.
Focal vs. Diffuse – A focal brain injury is localized in a specific area of the brain. Bruises and hemorrhages often fall into this category. This kind of injury may be detectable through computerized tomography (CT) scans, positron emission tomography (PET) scans, or magnetic resonance imaging (MRI). Diffuse brain injuries, however, are spread throughout the brain and can be more difficult to diagnose.
Penetrating vs. Closed – A penetrating brain injury, also known as an open-head injury, occurs when the skull is broken or fractured. In the most serious cases, the brain itself will be directly impacted through the opening. A closed injury, on the other hand, occurs when the brain is injured without an opening in the skull. Closed injuries are more common in car accidents, though a serious accident can result in both.
Understanding how your brain injury is classified helps your legal team work with medical experts to document the full scope of your damages and project future care needs.
What Causes Traumatic Brain Injuries in Gwinnett County?
Traumatic brain injuries in the Lawrenceville area result from many types of accidents. Motor vehicle crashes are the leading cause, but brain injuries also occur in falls, assaults, and workplace incidents. Common causes include:
Car accidents – High-speed collisions on State Route 316, Highway 29, and Scenic Highway frequently cause occupants to strike their heads on steering wheels, windows, or dashboards. Even with airbag deployment, the violent forces involved can cause the brain to impact the skull.
Truck accidents – Commercial trucks traveling through Gwinnett County can cause catastrophic injuries when they collide with passenger vehicles. The size and weight disparity often results in severe brain trauma for occupants of smaller vehicles.
Motorcycle accidents – Even with helmet use, motorcycle riders can suffer brain injuries when thrown from their bikes or struck by other vehicles. Motorcyclists are particularly vulnerable on busy roads near Downtown Lawrenceville and along Sugarloaf Parkway.
Pedestrian accidents – Pedestrians struck by vehicles near Lawrenceville Square, Gwinnett Place Mall, or local schools often suffer traumatic brain injuries from the initial impact or from striking the ground.
Slip and fall accidents – Falls at retail stores, apartment complexes, and commercial properties can cause brain injuries when victims strike their heads on floors, stairs, or other surfaces. Property owners have a duty to maintain safe conditions.
Workplace accidents – Construction workers, warehouse employees, and others can suffer brain injuries from falls, falling objects, or equipment accidents. These cases may involve both workers’ compensation and third-party liability claims.
How Is Liability Shown in Auto Accidents Resulting in Brain Injury?
In most cases, liability for an auto accident is established by showing that someone failed to take reasonable precautions to avoid causing a wreck. This kind of irresponsibility is legally referred to as negligence. Alternatively, in cases where the at-fault party caused an injury by violating a law meant to keep everyone safe from a dangerous activity (e.g., laws against drunk driving and running red lights), they may be held negligent per se. Either way, an experienced brain injury lawyer will use all sorts of evidence to prove that the at-fault party was negligent, as well as to show that their own client was minimally responsible. This evidence may include things like:
Official police accident reports
Photos and video footage of the accident scene
Footage from nearby traffic and surveillance cameras
Witness testimony
Expert testimony from accident reconstructionists
Accident reconstructions using physical evidence
Cell phone logs showing distracted driving
Medical treatment records documenting your brain injury
Black box data from commercial vehicles
Blood alcohol test results
Remember, the longer you wait after an accident, the higher the risk that important evidence will deteriorate or disappear, as well as that witness memories will begin to fade. The best way to combat this is by bringing your case to an experienced traumatic brain injury attorney soon after the accident so they can begin compiling and preserving evidence for your claim.
Georgia follows a modified comparative negligence rule, meaning you can still recover compensation even if you were partially at fault, as long as your share of fault is less than 50%. However, your recovery will be reduced by your percentage of fault. An experienced attorney can help minimize any attempt by insurance companies to shift blame onto you.
What Compensation Can I Recover for a Brain Injury?
Brain injury victims in Georgia can recover compensation for both economic and non-economic damages. Because brain injuries often cause permanent impairment and require lifelong care, these cases frequently involve substantial damages. Compensation may include:
Medical expenses – Emergency room visits, hospital stays, surgeries, medications, diagnostic imaging, and all other treatment costs related to your brain injury.
Future medical care – Ongoing treatment, rehabilitation, therapy, medications, and medical equipment you will need for the rest of your life.
Lost wages – Income you lost while recovering from your injury, including salary, bonuses, and benefits.
Loss of earning capacity – Compensation for the reduction in your ability to earn income if your brain injury prevents you from returning to your previous job or working at the same level.
Home modifications and personal care – Costs of modifying your home for accessibility and hiring caregivers to assist with daily activities.
Pain and suffering – Compensation for physical pain, emotional distress, depression, anxiety, and reduced quality of life.
Loss of consortium – Damages for the impact your injury has on your relationship with your spouse or family members.
In cases involving egregious conduct such as drunk driving, you may also be entitled to punitive damages designed to punish the wrongdoer and deter similar behavior. Our firm works with life care planners and economists to calculate the full value of your claim.
What Is the Deadline for Filing a Brain Injury Lawsuit?
Georgia law generally gives accident victims two years from the date of injury to file a civil claim seeking compensation from the at-fault party under O.C.G.A. § 9-3-33. If you do not take action before the deadline passes, courts will be barred from hearing your case.
Further, by eliminating your legal right to seek full and fair compensation in court, missing the deadline will also severely undermine your case by destroying your bargaining power in out-of-court settlement negotiations. In other words, time is of the essence.
There are some exceptions to the two-year rule. If the brain injury victim is a minor, the statute of limitations may be extended. If the at-fault party is a government entity, different notice requirements and shorter deadlines may apply. An experienced Georgia personal injury lawyer can advise you on the specific deadlines that apply to your case.
Brain Injury Cases We Handle in Gwinnett County
Butler Kahn represents brain injury victims throughout Gwinnett County from our Lawrenceville office at 245 W. Crogan Street. We handle cases arising from accidents in:
Lawrenceville – Including Downtown Lawrenceville, Lawrenceville Square, and surrounding neighborhoods
Suwanee – Including Suwanee Town Center and George Pierce Park area
Duluth – Including Downtown Duluth and Pleasant Hill Road corridor
Snellville – Including US-78 corridor and Snellville Town Center
Buford – Including Mall of Georgia and Buford Highway areas
Lilburn – Including Lilburn City Park and US-29 corridor
Norcross – Including Jimmy Carter Boulevard and Beaver Ruin Road areas
Dacula – Including Dacula Park and SR-316 corridor
Grayson – Including Grayson Highway and surrounding communities
Loganville – Including US-78 and GA-20 intersection areas
We also handle brain injury cases throughout the greater Atlanta metro area from our offices in Atlanta, Jonesboro, and Roswell. No matter where your accident occurred in Georgia, we can evaluate your case and explain your legal options.
Frequently Asked Questions About Brain Injuries in Lawrenceville
How do I know if I have a brain injury after an accident?
Brain injury symptoms may not appear immediately after an accident. Watch for headaches, confusion, dizziness, memory problems, mood changes, and sensitivity to light or sound. If you hit your head or experienced a violent jolt during an accident, see a doctor right away even if you feel fine. Diagnostic imaging like CT scans or MRIs can detect injuries that aren’t visible externally.
Can I recover compensation for a concussion?
Yes. Concussions are a form of traumatic brain injury, and victims can recover compensation for medical treatment, lost wages, and pain and suffering. Even so-called “mild” concussions can cause lasting symptoms like headaches, cognitive difficulties, and emotional changes that affect your quality of life and ability to work.
What if my brain injury symptoms appeared days after the accident?
Delayed symptoms are common with brain injuries. This does not prevent you from filing a claim. The key is to document the connection between your accident and your injury through medical records. Tell your doctor about the accident and all symptoms you’re experiencing, even if they seemed minor at first.
How long do brain injury cases take to resolve?
Brain injury cases often take longer than other personal injury claims because it can take months or years to understand the full extent of your injuries and future care needs. Your attorney should not settle your case until your doctors can project your long-term prognosis. Cases that go to trial take longer but sometimes result in higher compensation.
What if the at-fault driver doesn’t have enough insurance?
If the at-fault driver’s insurance is insufficient to cover your damages, you may be able to recover additional compensation through your own uninsured/underinsured motorist coverage. Georgia law requires insurers to offer this coverage, and it can be crucial in serious brain injury cases where damages exceed the at-fault driver’s policy limits.
Can I file a brain injury lawsuit if I was partially at fault?
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. However, your recovery will be reduced by your percentage of fault. For example, if you were 20% at fault and your damages total $500,000, you could recover $400,000.
Do I need a lawyer for a brain injury claim?
Brain injury cases are complex and typically involve substantial damages. Insurance companies often dispute the severity of brain injuries or argue that symptoms are unrelated to the accident. An experienced brain injury lawyer can work with medical experts to document your injuries, calculate your future care needs, and fight for full compensation.
What evidence do I need to prove my brain injury case?
Key evidence includes medical records documenting your diagnosis and treatment, imaging studies showing brain damage, testimony from treating physicians and medical experts, documentation of how your injury affects your daily life and ability to work, and evidence showing how the accident occurred and who was at fault.
How much does it cost to hire a Lawrenceville brain injury lawyer?
Butler Kahn handles brain injury cases on a contingency fee basis, meaning you pay no attorney fees unless we recover compensation for you. There’s no upfront cost and no hourly billing. We advance the costs of investigating and litigating your case, and you only pay if we win.
What is the average settlement for a brain injury case in Georgia?
There is no “average” settlement because every brain injury case is different. Compensation depends on factors including the severity of your injury, the extent of your medical treatment, whether you can return to work, your age, and the available insurance coverage. Severe brain injuries that cause permanent impairment often result in settlements or verdicts in the hundreds of thousands to millions of dollars.
Can family members sue if a loved one dies from a brain injury?
Yes. If a brain injury caused by someone else’s negligence leads to death, surviving family members can file a wrongful death claim. Georgia law allows the deceased person’s spouse, children, or parents to recover compensation for funeral expenses, lost financial support, loss of companionship, and other damages.
What should I do if an insurance company contacts me after my accident?
Be cautious when speaking with insurance adjusters. They may try to get you to make statements that can be used to minimize your claim. You are not required to give a recorded statement. It’s best to consult with a brain injury attorney before discussing your case with any insurance company.
How does a brain injury affect a personal injury lawsuit?
Brain injuries can significantly increase the value of a personal injury claim because they often require extensive medical treatment, cause permanent impairment, and affect the victim’s ability to work and enjoy life. However, insurance companies frequently dispute brain injury claims, making experienced legal representation essential.
What hospitals near Lawrenceville treat brain injuries?
Northside Hospital Gwinnett in Lawrenceville provides emergency trauma care for accident victims. For severe brain injuries, patients may be transferred to Grady Memorial Hospital’s trauma center in Atlanta or Shepherd Center for rehabilitation. Your attorney can help ensure you receive appropriate treatment and that your medical expenses are documented for your claim.
Contact a Lawrenceville Brain Injury Lawyer Today
Car accidents, truck crashes, and falls are leading causes of brain injuries in Gwinnett County, and these injuries can range from minor concussions to life-threatening trauma. If you have suffered a brain injury in an accident you did not cause, you should speak to a TBI attorney as soon as possible. Chances are you are entitled to compensation for your medical bills, lost income, and pain and suffering.
The personal injury attorneys at Butler Kahn are a phone call away and ready to evaluate your case. Even if you think your injuries are not serious, our free, no-obligation consultations mean there is no downside to having your case reviewed by one of our experienced attorneys. We take fewer cases on purpose so we can provide personalized attention to each client and prepare every case as if it’s going to trial.
Butler Kahn – Lawrenceville Personal Injury Lawyers
245 W. Crogan Street
Lawrenceville, GA 30046
Phone: (678) 400-6166
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Jeb and his team get great results for their clients! The team is hard working, organized, and very thorough. I have referred clients to them and he i
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