Life after a traumatic brain injury (TBI) may never be the same. Brain injuries can leave survivors with complications affecting memory, mobility, communication, personality, and other critical functions. Even worse, there’s often no guarantee of a full recovery. If you or a loved one suffered a TBI in Georgia and someone else is to blame, Butler Kahn can help.
While each brain injury is different, all are expensive to treat. One study estimates the lifetime cost for TBI treatment ranges from $85,000 to $3 million. The costs are even higher when accounting for the other financial consequences of a TBI, such as the victim’s lost wages or loss of earning potential. A successful personal injury claim could provide vital compensation to offset these expenses if you’re struggling.
The attorneys at Butler Kahn have decades of combined experience helping TBI victims recover top-dollar compensation for their injuries. Let us help you seek the money you need and hold the responsible parties accountable for their negligence. Contact us today for a free consultation.
If you or a loved one suffered a traumatic brain injury in Roswell, Georgia, you may be entitled to compensation for medical bills, lost wages, and long-term care. Butler Kahn is a Roswell personal injury law firm that handles serious brain injury cases throughout North Fulton County. We help families understand their legal options and fight for full compensation when someone else’s negligence causes a life-changing head injury.
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What is a Traumatic Brain Injury?
A traumatic brain injury (TBI) occurs when an external force disrupts normal brain function. According to the Shepherd Center in Atlanta, around 1.7 million people sustain traumatic brain injuries every year in the United States. TBIs have two primary causes. The first is a hard blow or jolt to the head, often resulting from a car crash in Roswell, fall, or sports accident. The second occurs when an external object penetrates the skull, damaging brain tissue and blood vessels. Penetrating TBIs are often the result of gunshots or physical assault.
Brain injuries frequently result from accidents on GA 400, Holcomb Bridge Road, and other busy corridors in the Roswell and North Fulton area. Even seemingly minor accidents can cause serious brain trauma that may not be immediately apparent. Understanding the nature of TBIs helps victims and families recognize when they need legal help to pursue compensation from the responsible party.
Signs and Symptoms of a Traumatic Brain Injury
Recognizing brain injury symptoms quickly is critical for both medical treatment and preserving your legal claim. According to the Mayo Clinic, traumatic brain injury symptoms vary based on severity. Some symptoms appear immediately, while others may develop hours or days after the initial injury.
Mild TBI Symptoms
Headaches
Nausea or vomiting
Fatigue or drowsiness
Speech problems
Dizziness
Balance problems
Sensitivity to light or sound
Ringing in the ears
Blurred vision
Loss of or changes to taste and smell
Loss of consciousness for a few seconds or minutes
Concentration problems
Depression or anxiety
Severe TBI Symptoms
Many symptoms of a severe TBI may be similar to a mild one but have greater intensity. Severe brain injuries can cause permanent disability and may require lifelong medical care. Additional symptoms of severe TBI include:
Persistent headaches, or a headache that steadily worsens
Persistent nausea or vomiting
Seizures
Dilated pupils in one or both eyes
Clear drainage from the nose or ears
Weakness or numbness in the fingers or toes
Deep confusion
Loss of coordination
Slurred speech
Feeling restless, agitated, or aggressive for no reason
Coma
Inability to be woken from sleep
If you experience any of these symptoms after an accident in Roswell or anywhere in Georgia, seek medical attention immediately. Delayed treatment can worsen brain injuries and complicate your ability to recover compensation for your losses.
Types of Traumatic Brain Injuries
There are several different kinds of traumatic brain injuries. The type of injury determines the medical treatment, therapeutic options, and often the long-term prognosis. Understanding your specific diagnosis helps your Georgia brain injury lawyer accurately calculate your damages and future care needs.
Concussion – A concussion is a bruise that forms on the brain after colliding with the inside of the skull. A concussion may follow a sudden and intense change in momentum. While often called “mild” TBIs, concussions can cause lasting cognitive problems, especially with repeated injuries.
Hematoma and hemorrhage – Hemorrhages and hematomas are both types of injuries caused by internal bleeding within the brain. Blood may seep into brain tissue or collect in the empty spaces of the brain. Hemorrhages can result from a hard blow to the head, while hematomas generally result from a clot that leads to a burst blood vessel.
Diffuse-axonal injury – Sometimes called a shear injury, a diffuse-axonal injury occurs when the brain experiences a sharp, severe rotation or is shaken. Car accidents and truck accidents are common causes of these types of brain injuries due to the violent forces involved in collisions.
Coup-contrecoup – A coup-contrecoup injury happens when the brain experiences several concussions in rapid succession. A hard blow to the skull can cause the brain to rattle from side to side, with each impact further damaging brain tissue and blood vessels on both sides.
Penetration injury – Penetration injuries occur when an object pierces the skull and lodges into the brain tissue. Without rapid medical intervention, a penetration injury could be fatal or lead to severe complications.
Getting prompt treatment for a traumatic brain injury is essential. As the brain swells, it puts pressure against the skull. The higher the intracranial pressure, the more brain damage occurs. This is why accident victims should always seek immediate medical evaluation, even if symptoms seem minor at first.
Common Causes of Brain Injuries in Roswell
Any hard blow to the head, even from a seemingly minor fall, can lead to a traumatic brain injury. In our experience representing brain injury victims throughout North Fulton County, the most common causes of TBIs include:
Motor vehicle accidents – Crashes on GA 400, Alpharetta Highway, and Holcomb Bridge Road frequently cause TBIs when occupants strike their heads on steering wheels, windows, or dashboards
Slip-and-fall accidents – Falls at retail stores, restaurants, and commercial properties in Roswell often result in head injuries, particularly among older adults
Physical assaults – Victims of violent crimes may suffer traumatic brain injuries from blows to the head
Recreational accidents – Injuries at Big Creek Greenway, Roswell Area Park, and other recreational areas can cause TBIs
Sports injuries – Football, soccer, and other contact sports cause thousands of brain injuries each year
Construction site accidents – Falls from heights and struck-by accidents cause severe TBIs among construction workers
Workplace accidents – Industrial and warehouse accidents can result in head trauma
Birth injuries – Medical negligence during delivery can cause brain injuries to newborns
When another person or company’s negligence causes a brain injury, Georgia law allows victims to pursue compensation through a personal injury claim. Our Roswell brain injury attorneys investigate each case thoroughly to identify all responsible parties and available insurance coverage.
Compensation for Brain Injury Victims
If you or a loved one suffered a traumatic brain injury, compensation may be available to cover the substantial expenses and losses that follow. Brain injuries often require extensive medical treatment, rehabilitation, and long-term care that can cost hundreds of thousands or even millions of dollars over a lifetime.
With help from an experienced Roswell brain injury lawyer, you can seek compensation for:
Medical expenses – including hospitalization, doctor’s visits, surgery, prescription drugs, imaging tests, and emergency room treatment
Rehabilitation – such as physical therapy, occupational therapy, speech therapy, and cognitive rehabilitation
Incidental expenses – like transportation to and from medical appointments throughout the Atlanta metro area
Lost wages – compensation for time missed from work during treatment and recovery
Reduced future earnings – if your brain injury prevents you from returning to your previous occupation or limits your earning capacity
Costs for in-home nursing care, assistive equipment, and home renovations – many TBI victims require modifications to their homes and ongoing care assistance
Pain and suffering – compensation for physical pain, emotional distress, and mental anguish
Lost quality of life – damages for the ways your injury has diminished your ability to enjoy life’s activities
In cases involving gross negligence or intentional misconduct, Georgia law may also allow punitive damages to punish the wrongdoer and deter similar conduct. Our attorneys evaluate every brain injury case to identify all potential sources of compensation.
Proving Liability in a TBI Case
To recover compensation for a traumatic brain injury in Georgia, you must prove that another party’s negligence caused your injury. This requires establishing four elements: the defendant owed you a duty of care, they breached that duty, their breach caused your injury, and you suffered actual damages as a result.
Brain injury cases often involve complex medical evidence and require expert testimony from neurologists, neuropsychologists, and life care planners. At Butler Kahn, we work with leading medical experts to document the full extent of our clients’ injuries and project their future care needs. This comprehensive approach helps ensure that settlement offers or jury verdicts account for all current and future expenses.
Evidence that may be critical in proving a brain injury case includes:
Medical records and imaging studies (CT scans, MRIs)
Accident reports and witness statements
Photos and videos from the accident scene
Expert medical testimony about your diagnosis and prognosis
Vocational expert testimony about lost earning capacity
Life care planning reports documenting future medical needs
Georgia’s Statute of Limitations
Georgia sets a time limit for victims to file personal injury lawsuits. Under O.C.G.A. § 9-3-33, you have two years from the date of the injury to file a TBI claim. If you file suit after the clock runs out, you will lose your right to demand compensation through the civil court system.
Some exceptions may extend or shorten this deadline, including cases involving minors, government defendants, or injuries that weren’t immediately discovered. Because brain injury symptoms sometimes appear gradually, it’s important to consult with a lawyer as soon as you suspect a TBI. Waiting too long can also make it harder to gather evidence and locate witnesses.
Why Roswell Families Choose Butler Kahn
Butler Kahn is not a high-volume personal injury firm. We take fewer cases on purpose so we can give each client the customized services and attention they deserve. When you work with our Roswell brain injury lawyers, you get:
Local presence – Our Roswell office at 1255 Canton St, Unit E, serves clients throughout North Fulton County
No fee unless we win – You pay nothing upfront, and we only collect a fee if we recover compensation for you
Frequently Asked Questions About Brain Injuries in Roswell
How do I know if I have a brain injury after an accident?
Brain injuries don’t always show obvious symptoms immediately. Warning signs include headaches, confusion, memory problems, mood changes, dizziness, and sensitivity to light or sound. If you hit your head or experienced violent shaking during an accident, get a medical evaluation even if you feel fine. Doctors can use CT scans and MRIs to detect brain injuries that aren’t visible externally.
What is the average settlement for a traumatic brain injury in Georgia?
There is no “average” TBI settlement because every case is different. Mild concussions may settle for tens of thousands of dollars, while severe brain injuries causing permanent disability can result in settlements or verdicts worth millions. Factors affecting value include injury severity, long-term prognosis, medical expenses, lost income, and the defendant’s available insurance coverage.
Can I file a brain injury lawsuit if I was partly at fault for the accident?
Yes. Georgia follows a modified comparative negligence rule under O.C.G.A. § 51-12-33. You can recover compensation as long as you were less than 50% at fault for the accident. However, your damages will be reduced by your percentage of fault. For example, if you’re awarded $500,000 but found 20% at fault, you would receive $400,000.
How long do I have to file a brain injury lawsuit in Georgia?
Georgia’s statute of limitations gives you two years from the date of injury to file a personal injury lawsuit. Missing this deadline typically means losing your right to compensation forever. Some exceptions exist for minors and cases against government entities, so consult a lawyer promptly to understand your specific deadline.
Should I accept the insurance company’s first settlement offer?
Almost never. Insurance companies typically make low initial offers hoping victims will accept before understanding the true value of their claims. This is especially dangerous with brain injuries, where the full extent of symptoms and future care needs may not be apparent for months. Have an experienced brain injury lawyer evaluate any offer before accepting.
What evidence do I need for a brain injury claim?
Important evidence includes all medical records and imaging studies, the accident or police report, photos of the accident scene, witness contact information, documentation of missed work and lost wages, and records of all expenses related to your injury. Your attorney can help gather additional evidence like expert witness testimony and life care plans.
Do I need a lawyer for a brain injury case?
While not legally required, brain injury cases are complex and typically involve significant compensation. Insurance companies have experienced adjusters and lawyers working to minimize payouts. An experienced Georgia personal injury lawyer understands how to document TBI damages, negotiate with insurers, and take cases to trial when necessary to get fair compensation.
How much does it cost to hire a Roswell brain injury lawyer?
Butler Kahn handles brain injury cases on a contingency fee basis. You pay nothing upfront, and we only collect a fee if we recover compensation for you. This arrangement allows injured victims to access quality legal representation regardless of their current financial situation.
What if the brain injury victim is a child?
Children’s brain injury cases involve special considerations because developing brains are more vulnerable to long-term damage. Georgia law also provides extended deadlines for minors to file claims. Parents or guardians can file claims on behalf of injured children, and any settlement typically requires court approval to protect the child’s interests.
Can I sue if a 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 have a wrongful death claim. Georgia law allows the surviving spouse, or if none, the children or parents of the deceased, to pursue compensation for funeral expenses, lost financial support, and loss of companionship.
What is a mild traumatic brain injury (mTBI)?
A mild TBI, commonly called a concussion, occurs when a blow or jolt causes temporary disruption of brain function. Symptoms typically include headache, confusion, and brief loss of consciousness. While called “mild,” these injuries can cause significant problems including post-concussion syndrome, which may persist for months. Multiple mild TBIs can lead to cumulative brain damage.
How long does a brain injury case take to resolve?
Brain injury cases often take longer than other personal injury claims because medical treatment may continue for an extended period and the full extent of damages may not be immediately apparent. Simple cases might resolve in 6-12 months, while complex cases involving severe injuries may take 2-3 years or longer, especially if the case goes to trial.
What if the at-fault driver doesn’t have enough insurance?
If the responsible party lacks adequate insurance to cover your brain injury damages, you may have other options. Your own uninsured/underinsured motorist coverage can provide additional compensation. We also investigate whether other parties, such as employers, property owners, or product manufacturers, share liability and have additional insurance coverage.
Can I get compensation for emotional trauma after a brain injury?
Yes. Georgia law allows brain injury victims to recover compensation for emotional and psychological damages, including depression, anxiety, PTSD, personality changes, and reduced quality of life. These non-economic damages can be substantial, particularly when a TBI causes permanent cognitive impairment or personality changes that affect relationships and daily activities.
Areas We Serve in North Fulton County
Our Roswell brain injury lawyers represent clients throughout North Fulton County and the surrounding areas, including:
Roswell neighborhoods: Historic Roswell, Canton Street, Horseshoe Bend, Edenwilde, Willow Springs, Martin’s Landing, Rivermont, Barrington Farms
Nearby cities: Alpharetta, Johns Creek, Sandy Springs, Dunwoody, Milton, Mountain Park, Woodstock
Fulton County including North Fulton and portions of South Fulton
Cobb County including East Cobb, Marietta, and Kennesaw
Cherokee County including Woodstock and Canton
Forsyth County including Cumming
We handle cases involving accidents on major roadways throughout the region, including GA 400, Holcomb Bridge Road, Alpharetta Highway, Canton Street, Old Alabama Road, and Mansell Road.
Contact a Roswell, GA, Traumatic Brain Injury Lawyer Today
You shouldn’t be forced to pay for the costs of a traumatic brain injury if someone else caused it. At Butler Kahn, we will demand maximum compensation and justice for you and your family.
Our firm doesn’t take a lot of cases. We keep our caseload small to give each client the customized services and attention they deserve. Our personal injury attorneys have recovered multi-million-dollar verdicts and settlements for our clients and will develop a strategic plan for your brain injury case.
Our Roswell Office
Butler Kahn – Roswell Personal Injury Lawyers
1255 Canton St, Unit E
Roswell, GA 30075
Phone: (770) 766-1056
Our office is located on Canton Street in the heart of Historic Roswell, near Big Creek Greenway and Roswell Area Park. Free parking is available on-site.
Contact Butler Kahn by calling (770) 766-1056 or contacting us online for a free consultation with a proven TBI attorney. There’s no fee unless we win your case.
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