A traumatic brain injury (TBI) happens when a blow, jolt or penetrating wound disrupts how the brain works. It ranges from a concussion to permanent disability. Under Georgia law, if someone else’s negligence caused your brain injury, you can seek compensation for medical care, lost income and the impact on your life, and you generally have two years to file (O.C.G.A. § 9-3-33).
Because many brain injury symptoms are invisible, these claims depend on strong medical documentation and on the people who can describe how you have changed. Here is what a TBI is, how it is often missed, what a Georgia claim can include and how to protect it.
Key Takeaways
- You do not have to hit your head to suffer a brain injury. A violent jolt, like the whiplash motion in a car crash, can cause a concussion.
- A normal CT scan does not rule out a concussion, so follow-up care with your doctor, and a neurologist or neuropsychologist when symptoms continue, matters.
- A Georgia TBI claim can include past and future medical care, lost earning capacity, long-term care and pain and suffering.
- Gaps in treatment and downplaying symptoms are the first things insurers use against brain injury claims.
- Most Georgia injury claims must be filed within two years, and claims against a city, county or the state require written notice much sooner.
What Is a Traumatic Brain Injury?
A TBI is damage to the brain caused by an outside force. Medical and insurance records may call it a concussion, head trauma, closed head injury or brain damage. There are two main types:
- Closed head injury: The head is struck or violently shaken without a skull fracture. The brain can bruise, bleed or swell inside the skull. This is the most common type in car crashes and falls.
- Penetrating head injury: Something breaks through the skull. These injuries are usually obvious and often require emergency surgery.
A “mild” TBI, such as a concussion, is mild only in the medical sense. Many people have headaches, memory problems or mood changes for months.
Common Causes in Georgia Injury Cases
- Car, truck and motorcycle crashes, including low-speed collisions
- Falls, such as slip and falls in stores or trip and falls on broken walkways, especially for older adults
- Workplace and construction accidents, such as falls from height or falling objects
- Assaults at apartments, parking lots or businesses with poor security
- Medical errors that cut off oxygen to the brain
- Sports and recreation, including cycling and boating
Symptoms to Watch For
After any head impact, watch for:
- Headaches, dizziness or balance problems
- Nausea or vomiting
- Confusion, memory gaps or trouble concentrating
- Sensitivity to light or noise
- Mood changes, irritability, anxiety or depression
- Sleep problems or constant fatigue
- Blurred vision or ringing in the ears
Go to the emergency room right away for a headache that gets worse, repeated vomiting, seizures, slurred speech, weakness or numbness, one pupil larger than the other, unusual drowsiness, or any loss of consciousness.
Why Brain Injuries Are Often Missed
- Symptoms can appear hours or days after the crash or fall.
- A normal CT scan does not rule out a concussion. Many brain injuries do not show on standard scans.
- People with a brain injury often do not notice their own changes. Family members and coworkers notice first.
- Emergency rooms focus on life-threatening injuries, so a concussion may not be the main diagnosis on your chart.
That is why follow-up with your doctor, and a neurologist or neuropsychologist when symptoms continue, matters for your health and your claim.
Long-Term Effects and What a Georgia TBI Claim Can Include
Long-Term Effects
- Memory loss and trouble with attention, planning or decision-making
- Personality changes, depression, anxiety or post-traumatic stress
- Speech problems, coordination problems or weakness
- Chronic headaches, fatigue and sleep problems
- Seizures, or paralysis in severe cases
These changes can affect a person’s job, relationships and independence, and may require years of care.
Damages You May Recover
- Medical care, past and future: emergency care, imaging, surgery, therapy, medication and neuropsychological testing
- Rehabilitation: physical, occupational, speech and cognitive therapy
- Lost wages and lost earning capacity if you cannot return to the same work
- Long-term care, home modifications and in-home help
- Pain and suffering and loss of enjoyment of life
- A spouse’s loss of consortium claim
- Wrongful death damages for the family when a brain injury is fatal
For injuries on or after April 21, 2025, Georgia’s tort reform law changed how medical expenses are proven at trial, so detailed treatment and billing records matter even more.
How to Build a Strong TBI Claim
- Get evaluated right away, and tell every provider about the head impact and every symptom.
- Follow through with treatment. Gaps in care are the first thing insurers point to.
- Keep a symptom journal: headaches, forgotten tasks, sleep, mood and missed work.
- Ask family, friends and coworkers to write down the changes they have seen. Before-and-after witnesses are powerful in brain injury cases.
- Preserve evidence: the police or incident report, photos, video, and any helmet or equipment involved.
- Use the right experts: neurologists, neuropsychologists and life care planners who can put a number on future care.
- Be careful what you say to insurers and on social media. Do not downplay your symptoms or give a recorded statement before talking to a lawyer.
How Insurers Fight Brain Injury Claims
- “The CT scan was normal.”
- “The crash was too minor to cause a brain injury.”
- “The symptoms come from something else,” such as age, stress or an earlier condition.
- “There was a gap in treatment, so you must have recovered.”
Each of these can be answered with prompt medical records, neuropsychological testing and witnesses who knew you before the injury.
Deadlines for Georgia Brain Injury Claims
Most Georgia injury claims must be filed within two years of the injury (O.C.G.A. § 9-3-33). Claims against a city, county or the state require written notice much sooner, and a child’s deadline is usually paused until age 18. See our guide to Georgia injury deadlines.
Frequently Asked Questions
Can I Have a Brain Injury If I Did Not Hit My Head?
Yes. A violent jolt, like the whiplash motion in a car crash, can move the brain inside the skull and cause a concussion without any direct blow to the head.
Can a Concussion Be Part of a Personal Injury Claim?
Yes. A concussion is a traumatic brain injury. If someone else’s negligence caused it, the medical care, lost income and effect on your daily life can all be part of your claim.
What If My CT Scan or MRI Was Normal?
Many brain injuries do not show on standard imaging. Diagnosis often relies on symptoms, a neurological exam and neuropsychological testing, which is why follow-up care matters.
How Much Is a Traumatic Brain Injury Case Worth?
It depends on the severity of the injury, the medical and future care costs, lost income, the effect on your life and the available insurance. There is no average that fits every case. Our guide to Georgia case value explains the factors.
A brain injury can change your work, your family and your future. The Gunn Law Group offers a free, no-obligation consultation, and there is no attorney fee unless we win. Hablamos español. Call 888-BIG-GUNN (888-244-4866) or request a free case review.
