A traumatic brain injury doesn’t just affect the person who suffers it—it changes everything for their family, their future, and their quality of life. These injuries are often invisible to the outside world, but they are real, and they are devastating. In Georgia, many of these injuries happen because someone else failed to act responsibly—on the road, at work, on unsafe property, or even during medical treatment. When that happens, the victim deserves more than just sympathy—they deserve a lawyer who understands the seriousness of brain trauma and is willing to go toe-to-toe with insurance companies or big businesses to fight for real justice.
Georgia Traumatic Brain Injury Lawyer
Brain injury attorney Katherine L. McArthur has spent decades fighting for victims of head injuries and brain injuries in Macon, Atlanta, and throughout Georgia. She has represented victims who have suffered a brain injury and their families both nationwide and statewide in Albany, Columbus, and Atlanta as well as Savannah, Augusta, and several other cities.
As the wife of a physician, Kathy McArthur has great respect for the medical field and takes traumatic brain injury (TBI) cases very seriously. The McArthur Law Firm has years of experience helping victims who have experienced pain and suffering as a result of traumatic injury to the brain. She fights to help these victims recover economic damages from an insurance company and win the brain injury settlements and verdicts they deserve.
McArthur Law Firm serves Fulton County, Bibb County and Fulton County, as well as Clayton County, Cherokee County, Forsyth County, and other counties in Georgia. For more information about the McArthur Law Firm or to set up a free consultation to learn what we may be able to do to help you with your personal injury case, give us a call at one of our offices in Georgia or fill out our online contact form.
- Atlanta Office: 404-565-1621
- Macon Office: 478-238-6600
- Warner Robins: 478-551-9901
Types of Traumatic Brain Injuries
A traumatic brain injury, or TBI, happens when a person suffers damage to their brain because of a sudden impact, force, or blow to the head. Here are the main types:
Concussions — These are among the most frequently seen TBIs in Georgia, occurring when the brain moves quickly inside the skull after a hit or jolt to the head or body. This can stretch and damage brain cells, causing symptoms like headaches, dizziness, confusion, or trouble remembering things. Concussions can occur in car accidents, falls, sports injuries, or even minor workplace incidents.
Contusions — A bruise on the brain caused by direct impact to the head, a contusion can lead to swelling, bleeding, and tissue damage. These injuries are often associated with car crashes or incidents involving a blow to a hard surface. In Georgia, victims may recover medical costs and other losses through a personal injury lawsuit if another party is at fault.
Diffuse Axonal Injuries — Characterized by violent brain movement inside the skull, these injuries are common in high-speed accidents such as highway collisions. The shearing of nerve fibers across various brain areas can result in severe and often lasting impairment, and such injuries may not be visible on standard scans.
Penetrating Injuries — These occur when an object pierces the skull and disrupts brain tissue, often during violent incidents, industrial accidents, or severe collisions involving sharp debris. Such injuries require emergency care and may cause lasting complications. In Georgia, legal claims may be possible in cases involving negligence or defective products.
Coup-Contrecoup Injuries — Damage arises when the brain hits one side of the skull and rebounds to strike the opposite side, leading to trauma at two sites. Common in rear-end collisions or forceful falls, this type of injury can be more severe than a standard concussion.
Second Impact Syndrome — A rare but critical condition, this occurs when a second head injury strikes before an earlier one has healed, triggering rapid and potentially fatal brain swelling. Most prevalent in athletic settings, it can also happen in work environments lacking proper post-injury monitoring.
Hypoxic and Anoxic Brain Injuries — Stemming from oxygen deprivation, hypoxic injuries involve reduced supply, while anoxic injuries involve a complete cutoff. Incidents like near-drowning, cardiac arrest during surgery, or carbon monoxide poisoning are typical causes.
Chronic Traumatic Encephalopathy (CTE) — This degenerative condition results from repeated head trauma over time, with cases documented among athletes, veterans, and others exposed to continual impacts. Symptoms such as memory loss, depression, and aggression may not appear until years later. Legal accountability under Georgia law can be complex and hinges on thorough medical and legal evaluation.
How a Traumatic Brain Injury Affects Victims
Cognitive Impairment — TBI victims often face lasting issues like memory loss, trouble focusing, slowed thinking, and difficulty planning or managing daily tasks, which can affect work, school, and home life.
Speech and Language Issues — Injuries can cause slurred speech, trouble forming or understanding language, and even aphasia. These problems disrupt communication and strain social interactions.
Motor Skill Problems — Balance, coordination, and muscle control may decline, making everyday tasks like walking or writing difficult. Severe cases may need therapy or long-term care.
Emotional and Psychological Changes — Mood swings, depression, anxiety, and emotional numbness are common. These effects may emerge over time and often require professional support.
Behavior and Personality Shifts — Victims might become impulsive, irritable, or show poor judgment—often without realizing the change—creating challenges for family and friends.
Seizures and Epilepsy — Post-traumatic epilepsy can develop soon after the injury or months later, requiring long-term treatment and adding complexity to recovery.
Sensory Loss — TBIs can affect senses—causing issues like tinnitus, blurred vision, or loss of taste or smell—sometimes permanently altering how people engage with their environment.
Severity of Traumatic Brain Injuries
Traumatic brain injuries (TBIs) range from mild to severe. Mild TBIs, like concussions, may cause brief symptoms and often heal with rest—but repeated injuries can have lasting effects. Moderate to severe TBIs can result in memory loss, cognitive problems, and impaired movement or speech. In extreme cases, they may lead to coma or permanent brain damage. Recovery varies based on injury type, location, and how quickly treatment begins. Severe cases often require long-term rehab and support for both the patient and their loved ones.
How Traumatic Brain Injuries Are Diagnosed
Diagnosing a TBI begins with a medical evaluation focused on symptoms like confusion, headaches, or memory loss. Doctors often ask about the injury’s cause and whether the person lost consciousness. The Glasgow Coma Scale (GCS) is used to rate eye, verbal, and motor responses to assess severity.
Imaging tests, usually a CT scan, help detect bleeding or swelling. MRIs may follow if symptoms persist despite normal CT results. Cognitive and neurological tests assess memory, balance, and coordination, revealing issues not visible on scans. Specialists may be involved for persistent or unclear symptoms.
Importantly, TBIs can go undetected on CTs or MRIs. In Georgia, many people may not realize this—making it easier for insurers to deny claims despite real injuries.
Determining Liability in TBI Cases
At-Fault Drivers In Vehicle Accidents — If someone is driving recklessly or under the influence and causes a crash that leads to a traumatic brain injury, they may be sued under Georgia Code § 51-1-6. That law allows injury victims to recover damages when someone else’s carelessness causes them harm. Georgia’s comparative fault rule, found in § 51-12-33, may reduce the amount of compensation if the injured person was also partly at fault, but recovery is still allowed if the other driver was mostly to blame.
Negligent Property Owners — Under Georgia Code § 51-3-1, property owners must keep their land or buildings safe for invited visitors. If a person falls due to a known hazard—like a slippery floor or broken handrail—and suffers a brain injury, the owner may be liable. The law requires that owners fix dangerous conditions or at least warn people about them. If the property owner fails to do either, they may be held responsible in court.
Employers And Contractors At Unsafe Job Sites — When a worker suffers a traumatic brain injury on the job, they usually file a workers’ compensation claim. But if another company or person besides the employer contributed to the unsafe conditions, a lawsuit may be possible. For example, if a subcontractor dropped a tool from scaffolding and caused the injury, they could be sued under Georgia Code § 51-1-6.
Product Manufacturers Of Unsafe Equipment — If a brain injury results from defective safety gear, vehicle parts, or tools, the manufacturer may be liable under Georgia Code § 51-1-11. Georgia’s product liability law holds manufacturers accountable when a product is unreasonably dangerous and causes injury during normal use. These cases often involve helmets that fail, car airbags that don’t deploy, or machines without proper guards.
Schools, Coaches, And Youth Sports Programs — When children or teenagers suffer traumatic brain injuries in sports or school activities, there may be legal claims against the adults in charge. Under Georgia Code § 51-1-2, people who oversee youth activities must use ordinary care to protect participants. If a coach ignores signs of a concussion or fails to follow safety protocols, and a child is seriously injured as a result, the coach or school may be held legally responsible.
Medical Facilities Or Staff — In rare cases, a traumatic brain injury is caused or made worse by medical error under Georgia Code § 51-1-27. This could happen if a hospital fails to diagnose a brain bleed or delays emergency treatment. In Georgia, this type of injury may fall under medical malpractice law, but each case requires a detailed legal and medical review. Whether a claim can be made depends on whether the facility or medical staff violated the standard of care recognized under Georgia law.
Frequently Asked Questions
How does someone know if they have a traumatic brain injury after an accident?
They may feel dizzy, confused, tired, or have memory loss—symptoms that may appear hours or days later.
Does a concussion count as a traumatic brain injury in Georgia?
Yes, a concussion is considered a mild form of traumatic brain injury and can still lead to serious complications.
How long do symptoms from a traumatic brain injury last?
It depends on the severity—some people recover in weeks, others deal with symptoms for years or permanently.
Can someone sue for emotional problems caused by a brain injury?
Yes. Georgia law allows compensation for mental pain and suffering under Georgia Code § 51-12-6.
What types of compensation can a Georgia TBI victim get?
Medical bills, lost wages, pain and suffering, and future care costs may be included in a legal claim.
Can family members get money if their loved one is permanently disabled?
Possibly. Georgia law may allow damages for loss of companionship or support, depending on the case.
How long does someone have to file a TBI lawsuit in Georgia?
In most cases, the deadline is two years under Georgia Code § 9-3-33, but some exceptions may apply.
Is a brain injury case different from other personal injury cases?
Yes. These cases often need expert witnesses and long-term medical evidence to explain the full impact.
Does the victim need to remember the accident to have a case?
No. Testimony, medical records, and other evidence can support a claim even without a clear memory.
How much does it cost to hire a Georgia traumatic brain injury lawyer?
Most personal injury lawyers work on a contingency fee, meaning no payment unless they win the case.
Additional Resources
- Georgia Department of Public Health – Traumatic Brain Injury — This source explains how traumatic brain injuries affect people in Georgia and outlines state programs to prevent and manage TBIs, especially in children and youth athletes. It describes the Georgia Brain and Spinal Injury Registry, Return-To-Play laws, and the economic impact of TBIs.
- Brain and Spinal Injury Trust Fund Commission – About the Trust Fund — This source describes how Georgia provides financial grants to residents with traumatic brain or spinal cord injuries. It outlines eligibility requirements, types of assistance available (like medical care, equipment, and transportation), and how to apply. It includes reports and other resources for individuals and families affected by these injuries.
- National Institutes of Health (NIH): TBI Overview — This resource from the NIH provides a detailed overview of traumatic brain injury (TBI), including causes, symptoms, diagnosis, treatment, and research updates. It explains different types of TBI, how the brain can be affected, and what to expect during recovery. The page also includes information about research efforts and ways individuals can support or participate in clinical studies.
- Centers for Disease Control and Prevention (CDC): About Mild TBI and Concussion — This CDC page gives basic information on mild traumatic brain injury (TBI), also known as concussion. It explains causes, symptoms, testing, and treatment. It includes guidance on when to seek medical care and how to manage recovery. The page also discusses the potential for longer recovery with repeated injuries and provides links to related information on head impacts and prevention.
Hire a Personal Injury Attorney for Traumatic Brain Injuries in Cobb County, Georgia
McArthur Law Firm serves the cities of Atlanta in Fulton County, Macon in Bibb County, Kathleen in Houston County, Peachtree Corners and Lawrenceville in Gwinnett County, Marietta and Smyrna in Cobb County, Stonecrest, Brookhaven and Dunwoody in Dekalb County, Albany in Dougherty County, Columbus in Muscogee County and throughout surrounding areas of the state of Georgia.
Contact one of our offices at the following numbers or fill out an online contact form to start building your case.
- Atlanta Office: 404-565-1621
- Macon Office: 478-238-6600
- Warner Robins: 478-551-9901
