A traumatic brain injury, or TBI, is one of the most serious injuries a person can sustain in an accident. According to the Centers for Disease Control and Prevention, there were over 69,000 TBI-related deaths in the United States in 2021 alone — roughly 190 every day. Motor vehicle crashes are among the leading causes of TBI-related hospitalizations, and even injuries classified as “mild” can have lasting consequences that affect every part of a person’s life.
If you or a loved one has suffered a brain injury in an accident caused by someone else’s negligence, understanding the nature of TBIs and how they affect a personal injury claim is critical.
What Is a Traumatic Brain Injury?
A TBI occurs when a sudden blow, jolt, or penetrating injury to the head disrupts normal brain function. In the context of accidents, TBIs most commonly result from the violent force of a car accident, the impact of a motorcycle crash, being struck by or thrown from a vehicle in a pedestrian or bicycle accident, falls caused by unsafe property conditions, or being struck by objects in workplace or construction incidents.
TBIs are classified into three categories based on severity.
Mild TBI (concussion) involves a brief change in mental status or consciousness. Symptoms may include headache, dizziness, confusion, nausea, sensitivity to light and noise, and difficulty concentrating. While the term “mild” is used medically, these injuries are not minor and can cause problems that persist for weeks or months.
Moderate TBI involves a loss of consciousness lasting from several minutes to hours and confusion that can last for weeks. Moderate TBIs can cause long-term cognitive, physical, and behavioral changes that require ongoing treatment.
Severe TBI involves extended unconsciousness or amnesia and can result in permanent disability, personality changes, or death. Severe TBIs often require emergency surgery, extended hospitalization, and long-term rehabilitation.
Symptoms to Watch For
One of the most dangerous aspects of brain injuries is that symptoms do not always appear immediately. A person can walk away from an accident feeling relatively fine, only to develop serious symptoms hours or days later. Warning signs that should prompt immediate medical evaluation include persistent or worsening headaches, repeated vomiting or nausea, seizures, slurred speech, weakness or numbness in the limbs, increasing confusion or agitation, loss of coordination, and changes in sleep patterns.
If you have been in a car accident or any other type of collision, seeking medical attention immediately is important not only for your health but also for your personal injury claim. A gap between the accident and your diagnosis gives the insurance company an opening to argue that your brain injury was not caused by the accident.
Long-Term Effects of a TBI
The long-term consequences of a brain injury can be devastating and far-reaching. Depending on the severity and location of the injury, a TBI can cause cognitive impairments including difficulty with memory, attention, problem-solving, and executive function. Physical effects may include chronic headaches, balance problems, fatigue, and sleep disorders. Emotional and behavioral changes such as depression, anxiety, irritability, mood swings, and personality changes are also common. Some individuals experience sensory problems including blurred vision, ringing in the ears, and changes in the ability to taste or smell.
Many TBI survivors require years of rehabilitation, including cognitive therapy, physical therapy, occupational therapy, and psychological counseling. In the most severe cases, individuals may never return to work or live independently.
How a TBI Affects Your Personal Injury Claim
Brain injuries often lead to some of the largest personal injury settlements and verdicts because of the extensive medical care required and the profound impact on the victim’s quality of life. When pursuing a TBI claim in Georgia, your damages may include past and future medical expenses including surgeries, imaging, medications, and rehabilitation, lost wages during recovery and potentially for the rest of your working life, reduced earning capacity if you cannot return to your previous occupation, pain and suffering reflecting both physical and emotional trauma, loss of enjoyment of life, and the cost of long-term care or in-home assistance.
Proving the full extent of a TBI requires detailed medical documentation, testimony from neurologists and neuropsychologists, and sometimes life care planning professionals who can project the cost of future care needs.
Challenges in TBI Cases
Brain injury cases present unique challenges that make experienced legal representation essential. Insurance companies frequently downplay the severity of a TBI, particularly when imaging studies like CT scans or MRIs appear normal. Many concussions and mild TBIs do not show up on standard imaging, which does not mean the injury is not real — it simply means more specialized testing is needed.
Pre-existing conditions are another area where insurers push back. If you had a prior concussion, previous headache disorder, or any history of neurological issues, the insurance company may argue that your current symptoms are unrelated to the accident. Under Georgia law, the defendant takes the plaintiff as they find them, meaning that if the accident aggravated a pre-existing condition, you are still entitled to compensation for that aggravation.
Documenting a TBI thoroughly is critical. This means keeping detailed records of your symptoms, following all treatment recommendations, and maintaining a pain journal that tracks how your injury affects your daily life.
Get Help After a Brain Injury
If you or a family member has suffered a traumatic brain injury in an accident in Athens, Conyers, Duluth, or anywhere else in Georgia, the attorneys at Burrow & Associates can help. With more than 30 years of experience handling serious injury cases, we understand what it takes to build a strong TBI claim and fight for the compensation you need to cover your treatment and protect your future. We offer free consultations and work on a contingency fee basis. Contact us today to discuss your case.
