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What Is a Traumatic Brain Injury Case?

When you suffer a traumatic brain injury (TBI), you might experience physical, cognitive, sensory, and emotional issues. Since brain cells regrow very slowly (sometimes not at all), severe brain damage can permanently affect your life. As a result, you might miss significant time from work. Depending on the severity of your injuries, you may even need to change jobs or quit working altogether. You will likely also face sizable bills for medical treatment, therapy, and caretakers. Georgia law allows you to seek compensation after you suffer a TBI due to someone else’s negligent or wrongful actions. Turnbull, Moak & Pendergrass has extensive experience helping clients with brain injuries ranging from minor to catastrophic. When you work with our traumatic brain injury attorneys in Atlanta, Georgia, we will get to know you and tailor a legal strategy for your needs.

What Can a TBI Lawyer Do for Me?

A brain injury lawyer can manage every part of your claim so you can focus on healing. At Turnbull, Moak & Pendergrass, we will:

  • Investigate how the injury occurred and identify what caused it
  • Collect and organize key medical records and evidence
  • Work with medical and financial experts to support your case
  • Calculate the full value of your damages, including long-term impacts
  • Negotiate aggressively with insurance companies on your behalf
  • Take your case to trial if needed to pursue maximum compensation

We handle the legal work so you can focus on recovery and moving forward.

How Long Do I Have to File a Traumatic Brain Injury Claim in Atlanta?

In most cases, Georgia law gives you two years from the date of the injury to file a traumatic brain injury claim. However, exceptions may apply depending on the circumstances, such as cases involving minors or government entities. Speaking with our team as soon as possible helps ensure important deadlines are not missed.

What Needs to Be Proven in a Traumatic Brain Injury Case in Atlanta, Georgia?

To be successful in a traumatic brain injury case, an attorney must prove that the person who caused your injury met the following criteria:

  • They Owed You a Duty of Care: For example, drivers on the road must drive reasonably with consideration for others using the same roadways
  • They Breached That Duty: A driver who was speeding or drinking while driving is not exercising due caution
  • Their Actions Caused You Harm: A near miss with a drunk driver would not meet this criteria, but a collision likely would
  • The Harm They Caused Directly Led to Your Injury: In other words, the other driver should be held liable for your damages

These conditions are not always simple to prove, but our experienced traumatic brain injury lawyers in Atlanta, Georgia, know the best ways to gather evidence to support your claim.

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What Damages Can I Recover for a TBI?

Under Georgia law, you can pursue special and general damages for a traumatic brain injury. Special damages include the financial costs associated with your injury, such as medical bills and lost income. Your future earning potential may also diminish due to permanent brain damage. General damages are meant to address the intangible effects your injuries have had on your quality of life. Examples of losses that general damages can address include pain, mental anguish, inconvenience, and loss of consortium.

You do not need to prove general damages—you only need to present evidence about how your injuries have impacted your life. You could incur significant losses after a TBI, including those associated with lifelong medical care and therapy. Even if you recover some of your abilities, you may experience lingering symptoms and disabilities. At Turnbull, Moak & Pendergrass, our goal is to understand your needs and fight for financial compensation to meet them.

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Who Can Be Held Liable for a TBI?

A traumatic brain injury (TBI) can happen in many different ways, and determining who is legally responsible is a critical part of pursuing compensation. Liability depends on how the injury occurred and whether another party acted negligently or failed to maintain safe conditions.

At Turnbull, Moak & Pendergrass, we carefully investigate every detail to identify all potentially responsible parties, which may include:

  • Negligent drivers in car, truck, or motorcycle accidents
  • Property owners who failed to maintain safe premises
  • Employers in workplace or construction accidents
    Manufacturers of defective or unsafe products
  • Contractors or third parties responsible for unsafe conditions

How Much Do Traumatic Brain Injury Lawyers in Atlanta Cost?

If you’re dealing with a traumatic brain injury, cost shouldn’t keep you from getting experienced legal help. At Turnbull, Moak & Pendergrass, we handle TBI cases on a contingency fee basis, which means you don’t pay anything upfront and only owe attorney’s fees if we recover compensation for you. If there is no recovery, you don’t owe attorney’s fees. This allows you to pursue your case without added financial stress while focusing on your recovery.

Real Client Testimonial

If you are looking for a reliable and professional personal injury attorney in Atlanta, I highly recommend Philip Pendergrass. He helped me navigate through the difficulties of my accident and took care of me every step of the way. His customer service is unbeatable and his team is both professional and kind. I am 100% satisfied with my experience with The Pendergrass Law Firm and would definitely recommend them to anyone in need of a personal injury lawyer in Atlanta.

N.B.

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What Are Common Causes of Traumatic Brain Injuries in Atlanta, Georgia?

Almost any kind of traumatic incident can harm the brain—you do not even need to experience direct head trauma to experience brain damage. Some types of trauma that can lead to a brain injury include:

  • Blunt Trauma: Blunt trauma happens when something hits your head without creating an open wound
  • Penetrating Trauma: Penetrating trauma happens when an object pierces your skull and damages your brain
  • Violent Shaking: This happens when you accelerate, decelerate, or change directions suddenly

Violent shaking is one of the most common causes of brain injuries. The brain rattles inside your skull, sustaining damage as it collides with the bones of the cranium. These injuries are often seen in car accidents when the victim’s head whips around during a collision.

Types of Brain Injuries

Brain injuries can range from mild to life-altering, with effects that may impact a person’s health, independence, and quality of life. Understanding the different types of brain injuries is an important first step when pursuing medical care and legal options. At Turnbull, Moak & Pendergrass, our traumatic brain injury lawyers in Atlanta, Georgia, help individuals and families navigate the complexities that often follow these serious injuries. Common types of brain injuries include:

  • Concussion – A mild traumatic brain injury caused by a blow or sudden jolt to the head that can still result in lasting symptoms.
  • Contusion – A bruise on the brain caused by direct impact, which may require surgical treatment in severe cases.
  • Diffuse Axonal Injury – Widespread damage to brain cells from violent shaking or rotational forces, often leading to long-term cognitive or physical impairment.
  • Penetrating Brain Injury – Occurs when an object pierces the skull and enters brain tissue, frequently causing severe and permanent damage.
  • Anoxic or Hypoxic Brain Injury – Results from a lack of oxygen to the brain, such as during drowning, cardiac arrest, or certain medical emergencies.
  • Second Impact Syndrome – A rare but dangerous condition that occurs when a second head injury happens before the brain has fully healed from the first.
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Symptoms of a TBI

TBIs can cause a range of mental and physical symptoms. Some common physical symptoms include:

  • Paralysis
  • Headache
  • Loss of vision or hearing
  • Numbness or tingling
  • Clumsiness

Your brain is also responsible for cognition and emotion. Every thought you have and every memory you form occurs inside your brain. A TBI can disrupt your thinking, memory formation and recall, and emotional regulation. The mental symptoms of TBIs can include:

  • Confusion
  • Amnesia
  • Difficulty concentrating
  • Sleep disorders
  • Emotional outbursts
  • Personality changes

Fortunately, your brain has a special characteristic known as neuroplasticity. In other words, it can rewire itself around damaged areas to recover some functions. This rewiring effect often requires extensive physical and occupational therapy. An attorney can help you to account for therapy costs within your TBI claim.

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What Steps Should I Take if I Suspect a Traumatic Brain Injury?

If you suspect a traumatic brain injury (TBI), taking the right steps early can make a significant difference in both your health and any potential legal claim. Symptoms can sometimes appear immediately or develop over time, so prompt attention is essential.

Steps to take if you suspect a TBI:

  • Seek immediate medical attention, even if symptoms seem mild
  • Follow all treatment recommendations and attend follow-up appointments
  • Document your symptoms, including headaches, dizziness, memory issues, or mood changes
  • Avoid returning to normal activities too quickly, especially work or driving
  • Keep records of medical visits, diagnoses, and expenses
  • Report the incident to the appropriate party (employer, property owner, or police, if applicable)
  • Speak with our experienced TBI attorneys in Atlanta to understand your legal options
Phillip Pendergrass

Why Choose the Atlanta, Georgia, Traumatic Brain Injury Lawyers at Turnbull, Moak & Pendergrass?

A traumatic brain injury can alter a person’s life in an instant, often causing lasting cognitive, physical, and emotional effects. If you or a loved one suffered a brain injury due to negligence in Atlanta, Turnbull, Moak & Pendergrass is here to help. Our traumatic brain injury lawyers in Atlanta bring deep local roots, nationally recognized achievements, and extensive experience handling serious and catastrophic injury cases.

Our firm is led by a team of accomplished trial lawyers, including:

  • Philip Pendergrass, a Super Lawyers Rising Star since 2017—an honor reserved for the top 2% of attorneys in Georgia. He is deeply committed to representing injured Georgians and serves on the PAC Board of the Georgia Trial Lawyers Association (GTLA), where he was selected as a lead member in 2020. A lifelong Atlantan, Philip attended Providence Christian Academy in Lilburn, earned his undergraduate degree from Augusta State University (now Augusta University), and received his Juris Doctor from the University of Georgia.
  • Brett Turnbull has earned recognition from Super Lawyers, Top 40 Under 40, and The Best Lawyers in America®, holds an AV Preeminent rating, and serves in leadership roles with prominent legal organizations. He earned his Juris Doctor from the Cumberland School of Law at Samford University and holds degrees in International Finance and German from the University of Alabama. Brett is also known for securing a $24.9 million jury verdict in a landmark automotive defect case involving the wrongful deaths of a mother and her two children.
  • Andrew Moak is consistently named a Super Lawyer and is an active member of the National Trial Lawyers and the American Association for Justice. He earned both his undergraduate degree and Juris Doctor from the University of Alabama and brings years of experience litigating complex, high-stakes injury cases.

At Turnbull, Moak & Pendergrass, we take a hands-on approach to traumatic brain injury cases—conducting detailed investigations, working with medical experts, and aggressively pursuing maximum compensation. Call (404) 882-5872 or schedule a free consultation online to learn how we can help protect your future.

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Traumatic Brain Injury FAQs

What treatments are there for traumatic brain injuries?

Treatment for a traumatic brain injury varies depending on severity and may include emergency care, surgery, hospitalization, medication, physical therapy, occupational therapy, speech therapy, cognitive rehabilitation, and long-term medical monitoring. Many TBI victims require ongoing care, which is why it is critical to pursue compensation that accounts for future medical needs.

Should I accept an insurance settlement for a TBI?

You should not accept an insurance settlement without speaking to a lawyer first. Insurance companies often make early offers that do not reflect the true long-term impact of a brain injury. Once you accept a settlement, you typically give up the right to seek additional compensation. Our experienced TBI attorneys can evaluate whether an offer is fair or if you deserve more.

Can I sue on behalf of a loved one who has been incapacitated by a TBI?

Yes. If a loved one has been incapacitated by a traumatic brain injury, a legal guardian, spouse, or other authorized representative may be able to file a claim on their behalf. We can help determine who has standing to pursue compensation and guide you through the process.

When will my case be resolved?

Every traumatic brain injury case is different. Some claims resolve through settlement within months, while others may take longer if litigation is necessary. The timeline depends on factors such as the injury's complexity, the length of medical treatment, and whether the insurance company cooperates.

Will I have to go to court?

Not always. Many traumatic brain injury cases are resolved through settlement without going to trial. However, if a fair resolution cannot be reached, our attorneys are prepared to take the case to court and advocate on your behalf before a judge or jury.

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