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Atlanta Criminal Defense Lawyers > Blog > Personal Injury > Have You Suffered A Brain Injury Due To A Car Accident?

Have You Suffered A Brain Injury Due To A Car Accident?


Your brain is a precious and irreplaceable resource, allowing you to function and make critical decisions. When another driver’s reckless conduct results in serious or even permanent injury to your brain, it can have devastating effects that permeate nearly every aspect of your life. Brain injuries can range in severity from a concussion or temporary swelling to hemorrhage or a traumatic brain injury. Brain injuries have the ability to affect everything from your motor skills and cognition to your personality and mood. It is hard to emphasize exactly how impactful these injuries can be, and it can be incredibly frustrating to try and live with the consequences of such an injury when you know that it easily could have been avoided if not for another driver’s reckless or negligent conduct.

Suing for a Brain Injury After a Car Accident

If you were in a car accident that was not your fault and were diagnosed with a brain injury as a result, there are a few things that you will need to be able to prove in order to bring a successful personal injury lawsuit. First, you will have to establish negligence. This means that you will have to be able to show that the accident was caused by the other driver, due to their negligence. This is generally shown by referencing the police report and the insurance company’s finding of liability. The insurance company generally determines liability based on the police report, witness statements, the statements of both drivers, and any available evidence, such as photographs and video footage. In addition to negligence, you must also establish that the other driver’s negligence was the cause of your harm. An exception to these elements occurs when it can be shown that the other driver was violating the law, such as by speeding, driving under the influence, or violating traffic laws. In this case, negligence and causation will be presumed by the court, and you do not have to prove them. Next, you must be able to show that you suffered physical and financial harm as a result of the accident. This can be proven by producing documentation of your medical bills, missed work, and any other expenses that were incurred. You will also need documentation from your doctor confirming your visits and diagnosis.

What is a Brain Injury Lawsuit Worth?

Brain injuries can require extensive treatment, surgery, physical therapy, rehabilitative therapy, and ongoing treatment that may extend far beyond the settling of the lawsuit. The value of your claim will depend on the total amount of expenses that you incurred due to the injury, including all medical costs and lost wages. You can also receive damages for the pain and suffering that the injury has caused you. These are generally calculated based on the total amount of your economic damages as well as the permanence and severity of your injury. The more permanent and severe your injury is and the greater it impacts your ability to perform daily tasks, the higher these damages will be.

Schedule a Consultation with Hawkins Spizman Trial Lawyers

Serving Atlanta, Dunwoody, Alpharetta, Cobb County, Fulton County, Gwinnett County, Johns Creek, Sandy Springs, or elsewhere in Georgia, the personal injury attorneys at Hawkins Spizman Trial Lawyers will fight to get you the compensation that you need to get your life back on track. Contact our Johns Creek personal injury lawyers today to schedule your free consultation.

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