Brain injuries, also known as Traumatic Brain Injuries (TBIs), affect over 1 million people in the United States. Of the 1.4 million Americans living with a traumatic brain injury, 50,000 die and 235,000 are hospitalized each year. TBIs are most commonly caused by:

  • Slip and falls (28%)
  • Motor vehicle/car accidents (20%)
  • Accidental collisions (19%)
  • Assault (11%)

If someone’s carelessness caused you or someone you love to suffer a brain injury, you need experienced legal help. The Atlanta brain injury attorneys at Cruz & Associates have over 25 years of experience working with personal injury cases and can help you get the compensation you deserve.

Most brain trauma injuries are severe and debilitating and is also the leading cause of death in the United States for people under the age of 45. If you’ve been involved in any type of accident or fall, it’s important to seek medical attention as soon as possible. TBIs and other brain injuries do not always have immediate consequences after they occur, such as dizziness or being knocked unconscious. Having your head examined as soon as possible can prevent any additional damage from being done, and can help you begin your claim for compensation.

Types of Brain Injuries

There are many types of brain injuries and a near endless list of ways that they can happen, but there are some that are more common than others. Here are a few of those:

  • Concussions. Concussions are the most common type of brain injury. They can range from mild to extremely severe. Concussions happen when something hits someone’s head very suddenly and very hard or when the head hits against something, slamming the brain inside of your skull.
  • Diffuse Axonal Injury. Similar to a concussion, a diffuse axonal injury is when your brain shakes inside your head. With diffuse axonal injuries, however, something shakes the brain so hard that connections in the brain begin to tear.
  • Contusions. Brain contusions are bruises that begin bleeding under your skin. They can stop bleeding on their own or may require surgery.

These types of injuries, while the most common, cover only a portion of the traumatic brain injuries that can take place.

Other Examples of Brain Injuries

Brain injuries come in all shapes and forms – each one should be treated with the utmost importance. These include:

  • Skull fracture – a break in the bone surrounding the brain
  • Subdural hematoma – when blood builds up between brain tissue and the dura
  • Epidural hematoma – when blood builds up between the skull and the dura

Determining Liability in Brain Injury Cases

If you or a loved one experienced a brain injury and another person was responsible, he or she could be responsible for the incident. Generally, these cases revolve around negligence. Negligence is the first element necessary for establishing liability. There are several elements necessary to demonstrate negligence.

  • First, a plaintiff must show that the negligent person had a legal duty to uphold. For example, the law requires owners of a factory to adhere to and maintain the safety rules of the building and equipment.
  • Next, a plaintiff must show the other party breached that duty and you suffered an injury because of that breach. If a company fails to replace a defective machine and it malfunctions and gives you a brain injury, the company has failed in their duty to an employee.
  • Finally, a plaintiff must show there were damages. In most cases, the injury must be significant for the lawsuit to succeed. You can prove this by having a medical record or doctor statement that shows the severity of your injury. This is necessary to prove that you are not claiming a preexisting condition.

If you and your attorney can prove to the court that the defendant neglected his or her duty and caused your brain injury, the courts will likely award you compensation for your brain injury, including medical bills and lost wages.

Damages for Brain Injury Cases

The amount that the judge awards in damages is different in each case. For head injuries, the courts categorize this into special damages and general damages. These damages are:

  • Special damages focus on measurable economic losses. These losses include lost wages, lost earning capacity, medical expenses, funeral and burial expenses, and property damages.
  • General damages focus on emotional and physical trauma. Some aspects that would count as general damages are physical pain and suffering, humiliation, shock and mental anguish, loss of reputation, and emotional distress.

Find an Experienced Brain Injury Attorney

If you or a loved one has suffered a significant brain injury, you need help from someone who understands Georgia’s laws on brain injury cases. Let the Atlanta brain injury attorneys at Cruz & Associates help protect your legal rights, and get you the compensation you need to live a long and healthy life after your injury. Contact us today to schedule your free initial consultation. Se habla Espanol.