Car Accident: Seeking Compensation For A Brain Injury

March 28, 2024
Car Accident

In a world where car accidents happen every day, it’s essential to know your rights in the event of a brain injury. This is important because brain injuries can have long-lasting effects on your daily life, including cognitive and physical impairment.

So, if you or someone close to you has experienced a brain injury due to a car accident, you may be qualified to receive compensation for your medical bills, lost wages, and emotional anguish. Contact an experienced Decatur car accident lawyer today for a free consultation!

Types of Compensation Available to You

First, it’s important to understand the types of compensation that may be available to you. This would usually help determine the amount of payment you may be entitled to. Broadly speaking, the compensation may be categorized into economic and non-economic damages.

Economic Damages

These are the damages you can calculate with relative ease. These include medical expenses, lost wages and earning capacity due to the injury, property damage, and other out-of-pocket costs.


In some instances, you may also be able to claim compensation for future medical expenses and lost earning capacity.

  • Medical Expense includes past and future medical bills related to your injuries, such as hospital stays, doctor visits, physical therapy, and rehabilitation.
  • Lost Wages - If your injury has prevented you from being able to work, you may be compensated for the income you have lost or will continue to lose.

Non-Economic Damages

These damages, on the other hand, are more difficult to calculate because they are subjective. They include things like mental anguish or pain and suffering, loss of enjoyment of life, disfigurement or impairment, emotional distress, and loss of consortium (loss of companionship in a spouse or intimate partner). Some states have limits on the amount of non-economic damages that can be awarded in personal injury cases.

How to Determine Liability Over a Car Accident

To receive compensation for a brain injury, it must be determined that someone else is at fault for the accident. Because if you were involved in a car accident and it was determined to be your fault, you would not likely be able to receive compensation for a brain injury.

However, if another party is found to be at fault (such as the other driver or a negligent property owner), you may have grounds for a personal injury lawsuit. So, it’s crucial to identify all potentially liable parties to maximize your potential compensation. An experienced brain injury attorney can help determine liability and build a solid case for compensation for your brain injury.

Essential Tips on Proving Your Right to Compensation

Many times, insurance companies will try to minimize or deny your compensation claim. They may try to argue that the injury was pre-existing or that you exaggerate the extent of your injuries. However, you can prove your right to receive fair compensation for brain damage with proper evidence and documentation.

Consequently, you have to note the following:

  • Keep track of all medical records and expenses related to the injury. This includes keeping copies of all bills, receipts, and appointment schedules.
  • Take photos of visible injuries and document the extent of your pain and limitations.
  • Obtain witness statements and contact information for anyone who may have seen the accident occur.
  • Save all communication with the insurance company, including any offers they make.
  • Don’t accept a settlement offer without first consulting with an experienced lawyer and fully understanding the long-term implications of the offer.
  • Hire an experienced Decatur injury attorney who can negotiate with the insurance company on your behalf.
  • Obtain a medical expert witness who can testify on the extent and cause of your injury.

FAQ: Should I hire a decatur personal injury lawyer for my claim?

This is vital because proper documentation and representation can help strengthen your case and ensure you receive the compensation you deserve for a brain injury.

Why Seek Compensation?

Once the initial shock and medical treatment of a brain injury have passed, the long-term physical, emotional, and financial consequences may not be immediately apparent. However, the effects of a brain injury can have a significant impact on the quality of life. That's why it's important to seek compensation for the harm you have suffered. Don’t underestimate the impact of a brain injury and the compensation you may be entitled to.

Different Types of Brain Injuries Sustained from Car Crashes

The brain is a sensitive and delicate organ, making it particularly vulnerable in a car accident. A traumatic brain injury (TBI) can occur when the head is violently struck or shaken, resulting in damage to the brain's neurons and nerve cells. Some common types of brain injuries (TBIs) from car accidents include:


This is a mild form of TBI, often caused by a blow or jolt to the head. Symptoms may include temporary confusion, disorientation, dizziness, and headaches. After a car accident, it’s essential to seek medical attention even if you don’t initially notice any symptoms, as concussion symptoms may not appear until later.

According to medical professionals, even a mild concussion can have long-term consequences, and it’s important to allow sufficient time for the brain to heal before returning to sports or physical activities.

Fracture Skull

A fracture in the skull can occur when the head experiences a direct, forceful blow. This can lead to damage to the brain and potentially dangerous complications if not treated promptly. Accidents involving high speeds or objects piercing the skull can lead to a skull fracture.


This is a bruise on the brain tissue caused by direct trauma to the head - with bleeding and swelling in the affected area. It mainly occurs near the impact site and may require surgery to remove damaged brain tissue and relieve pressure.

Coup**-**contrecoup Injury

This type of injury occurs when the force of impact causes the brain to strike the opposite side of the skull, resulting in bruising on both sides of the brain. The brain can also tear and bleed when this happens, causing further damage.

Diffuse Axonal Injury

This type of TBI occurs when the head's rapid movement can cause tearing and damage, causing damage to the brain’s nerve fibers. Symptoms may include loss of consciousness, confusion, and difficulty coordinating movements. Diffuse axonal injuries can result in long-term disabilities and be fatal in severe cases.

Penetration injury

This usually occurs when an object pierces the skull and enters the brain tissue, causing damage to specific areas of the brain. For example, a car accident could be caused by a broken glass or metal piece. Overall, the common symptoms of a TBI can range from mild headaches, loss of consciousness, and dizziness to memory loss and impaired motor functions.


The effects of a TBI may not always be immediately apparent, so it’s essential to seek medical care and monitor any changes in physical or cognitive functions. Don’t let the negligent actions of another driver go unpunished – take steps to protect your rights (i.e., legal action).

Can a Traumatic Brain Injury Lead to Long-term Brain Damage?

This depends on the severity and location of the injury. Some brain injuries may result in only temporary symptoms, while others can cause permanent damage or even death.

It is vital to seek immediate medical attention for suspected brain or head injury and continue with recommended treatment and therapy.

What is the Value of a Traumatic Brain Injury?

There is no set value for a traumatic brain injury as each case is unique, and the consequences can vary greatly. It’s important to consider all expenses related to the injury, including medical bills, lost wages, and non-economic damages such as pain (emotional trauma) and suffering.

An experienced personal injury attorney can assist with determining a fair amount of compensation for your specific situation. This is especially the case where brain injury may result in long-term or permanent consequences.

It’s important to seek fair compensation now rather than risking inadequate funds for future expenses - perhaps due to extensive treatment.

How to Get The Money You Deserve?

Personal injury law allows individuals to seek compensatory damages for harm suffered due to another party’s negligence or intentional wrongdoing. Generally, it is known as a personal injury claim. This includes seeking damages for a brain injury caused by another person or entity, such as in a car accident.

Hiring an experienced lawyer can significantly increase your chances of receiving fair compensation as they understand the legal process and can negotiate with the responsible party or their insurance company on your behalf.

FAQ: How much does a personal injury lawyer cost in Georgia?

They can also assist with gathering evidence and expert testimony to strengthen your case. Don’t try to navigate the legal system alone; seek experienced representation to ensure you receive the fair settlement you deserve for your brain injury.

Final Thoughts

A brain injury can have significant physical, emotional, and financial consequences. It’s important to seek compensation for the harm you have suffered through personal injury law. The goal of seeking compensation is not just for monetary gain but also to cover current and potential future expenses related to the injury.

Don’t underestimate the impact of a brain injury, and seek the assistance of an experienced personal injury attorney to protect your rights and guide you through the legal process. This can significantly increase your chances of receiving fair compensation for the harm you have suffered.

At Marks Law Group, our team of experienced attorneys is dedicated to helping individuals enforce their rights and seek the compensatory damages they deserve for their injuries. Contact us today for a free consultation at 678-251-9309.