Brain injuries are the most under-compensated injuries in personal injury practice, and the reason is simple: the worst damage is often invisible. A fracture shows up on an X-ray. A brain injury shows up in a person’s marriage, job performance, and ability to remember a grocery list.
Our office on Hugh Howell Road represents brain-injured clients and their families in Tucker, Stone Mountain, Clarkston, Decatur, and across DeKalb County.
Most head injury cases begin the same way. The patient is taken to an emergency department, a CT scan is ordered, the scan comes back without bleeding, and the discharge paperwork says concussion. The insurance adjuster reads that record and offers a few thousand dollars.
That early record does not describe the injury. It describes one hour of it. A normal scan means there is nothing requiring surgery. It does not mean the brain is undamaged.
The brain sits in fluid inside a hard skull. A sudden stop throws it forward and back, and the nerve fibers that connect regions of the brain stretch and tear. This is diffuse axonal injury, and it is the mechanism behind most lasting symptoms:
In older adults, even a ground-level fall on a hard floor can cause bleeding between the brain and skull. Symptoms may appear hours or days later, which is why a prompt return to care matters.
A brain injury case is won with comparison evidence: what the person could do before the crash, and what they can do now.
We assemble this evidence deliberately, because a jury has to be able to see an injury that has no cast and no scar.
For a moderate or severe brain injury, the largest number in the case is often the future. A life care plan prices the therapy, medical monitoring, attendant care, home modifications, and equipment a person will need for decades. Add lost earning capacity and the loss of a career, and the true value of the claim usually dwarfs the initial settlement offer.
Georgia generally allows two years to file under O.C.G.A. § 9-3-33. Recovery is reduced by your own share of fault under O.C.G.A. § 51-12-33 and barred at 50% or more. If you searched for a traumatic brain injury attorney near me and found this page, do not wait for the symptoms to sort themselves out before calling.
Read more about our Georgia traumatic brain injury practice, our Tucker car accident lawyers, our Tucker pedestrian accident attorneys, and our Tucker personal injury practice.
The CT scan was normal. Can I still have a brain injury? Yes. A CT scan shows bleeding and fractures, not the shearing of nerve fibers that causes most concussions and diffuse axonal injuries. A normal scan rules out a surgical emergency, not a brain injury. Diagnosis depends on your symptoms, neuropsychological testing, and how your function changed.
My symptoms seemed mild at first and got worse. Does that hurt my case? It is common, and it does not defeat the claim. Headaches, memory problems, light sensitivity, and mood changes often appear days after the crash once the adrenaline fades. The important thing is to keep treating and to tell your doctors about each new symptom as it appears.
What if the insurer for the other driver says the injury is not serious? That is an argument, not a finding. We answer it with evidence the adjuster cannot ignore: neuropsychological testing, imaging, a life care plan, and testimony from the people who knew you before the crash. Insurers routinely revise their position once the record is built.
Lamar Law Office, LLC — Atlanta LegalCare. 4500 Hugh Howell Road, Suite 140, Tucker, GA 30084. Call 1-877-227-3404 for a free consultation. More than legal service. We care.
Our Tucker office at 4500 Hugh Howell Road handles these claims throughout DeKalb County and metro Atlanta. Each guide covers how the claim works under Georgia law, what the local evidence looks like, and what our attorneys do first.