Brain Injury: Understanding Causes and Recovery Pathways

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Author: Philip Kim, Founder, Philip Kim Law, P.C.

Defense lawyer Philip Kim has committed his career to standing up for the accused, and protecting the rights and reputations of his valued clients. If you face criminal charges in Georgia, we can provide you with the skilled, effective defense representation you need.

Published on June 26, 2024.


Getting Compensation After a Brain Injury: How Philip Kim Law, P.C. Can Help

A brain injury is any damage to the brain’s tissues. Such injuries may be congenital (present at birth) or acquired after the victim is born due to external force (such as a blow to the head) or internal factors, such as a lack of oxygen or pressure from a tumor.

The brain controls so many aspects of our lives, from movement to thinking and feeling. As such, this type of injury can alter a person’s life in an instant, affecting everything from physical abilities to mental health, regardless of the cause. 

When the brain is injured, the effects can be profound, and recovery can be a complex process. In these circumstances, victims whose injuries are caused by the actions of others can seek financial compensation from those responsible to cover their medical expenses and any other losses suffered. 

Philip Kim Law, P.C., based in Lawrenceville, Gwinnett County, and serving North Metro Atlanta, is here to assist those dealing with the legal aspects of seeking compensation after a brain injury.

 As a law firm with experience in criminal defense now expanding into personal injury, we understand the critical nature of these situations. We are dedicated to providing professional legal guidance to help navigate the challenges that arise after a brain injury. Our goal is to ensure that you have the support needed to focus on recovery while we handle the legal details.

Types of Brain Injuries

Brain injuries can vary widely in severity and type, affecting brain cells, neural pathways, and overall brain functions. Most brain injuries fall within two broad categories: acquired brain injuries and congenital brain injuries 

Congenital Brain Injury

Congenital brain injuries or defects develop in the womb due to factors such as the mother’s ill health or family genetics. 

They are already present when the victim is born, hence the name. 

Acquired Brain Injury (ABI)

An acquired brain injury, as the name implies, refers to brain injuries that are sustained at any time after a person’s birth, in direct contrast with congenital or hereditary brain injuries that a person is born with.

There are two types of acquired brain injuries;

  • Traumatic Brain Injuries(TBIs): A traumatic brain injury is caused by external force or trauma from incidents such as falls, car accidents, sports injuries, and violence and can lead to alteration of the brain’s function. Traumatic brain injuries vary in severity, with milder cases resulting in concussions and more severe cases that could lead to a variety of neurological problems, brain death or disability.
  • Non-Traumatic Brain Injuries: A non-traumatic brain injury is caused by internal factors or illness, such as a lack of oxygen or exposure to toxins. 

Sometimes can be difficult to determine whether a brain injury is congenital or acquired. This distinction is important for those seeking compensation for such injuries. In such circumstances, it might be necessary to seek professional insights from an experienced personal injury lawyer and a medical professional. Together, they can help you unravel the complex facts of your case to solidify your claim for compensation.

Brain injuries often occur alongside other serious injuries, such as spinal cord injuries or skull fractures, which can complicate diagnosis and treatment. Victims who suffer from such correlated injuries must ensure that their claim for compensation captures the full extent of their injuries so they can get the maximum compensation possible. 

At Philip Kim Law, P.C., we understand that recovering from a brain injury can be a long and difficult process, often involving both medical and legal challenges. We are committed to supporting those affected by such injuries, ensuring they receive the necessary legal assistance during their recovery.

Symptoms and Diagnosis

Disclaimer: This information is not medical advice. For accurate information on symptoms and diagnoses of traumatic brain injury (TBI), please contact a medical professional.

The effects of a brain injury can be long-lasting and vary widely. For example, a mild TBI or concussion might start with just a headache or dizziness, but the consequences can worsen with more severe injuries.

Physically, a person might suffer from brain swelling or fluid buildup, which requires urgent care. They might also face problems with memory or focus, and emotionally, they may notice mood swings or changes in their sleep patterns. It’s crucial for anyone with worsening symptoms, like ongoing headaches or blurry vision, to get medical help quickly.

Other common symptoms of brain injuries, especially TBIs, include:

  • Headache
  • Dizziness
  • Brain swelling
  • Fluid buildup in the brain
  • Memory loss
  • Difficulty concentrating
  • Mood swings
  • Changes in sleep patterns
  • Persistent headaches
  • Blurred vision

Doctors often use tools like MRI scans and the Glasgow Coma Scale to diagnose TBIs. Getting diagnosed early and accurately can lead to effective treatments, such as physical therapy, which might prevent permanent damage or even death from complications like high blood pressure or severe unconsciousness. 

A diagnosis is also important to help you establish your case in the legal battle for financial compensation for your brain injury. 

Legal Aspects of Brain Injury Cases

Legal battles related to brain injuries often hinge on proving who is responsible and showing negligence and causation. Successfully handling these complexities is key to receiving fair compensation.

Liability and Negligence

When seeking compensation In brain injury cases, determining who is at fault is essential. We can help conduct thorough investigations to prove negligence and that could show that the responsible party failed to exercise reasonable care, which led to the injury. 

Types of Compensation

 Compensation in brain injury cases can cover the following:

  • Medical expenses
  • Lost wages
  • Pain and suffering
  • Ongoing rehabilitation costs

The specific amount a brain injury victim can get depends on the facts of the case and the evidence presented in their favor. Legal assistance from a personal injury attorney is crucial to ensure that the compensation sum is enough to cover the victim’s losses and current and future expenses.

How Philip Kim Law, P.C. Can Help

At Philip Kim Law, P.C., we understand the profound impact brain injuries can have on your life. We are extending our practice to include personal injury cases and are dedicated to representing and assisting those affected by brain injuries, ensuring they receive the compensation they deserve.

We focus on maximizing compensation by carefully calculating all potential damages. This includes not only medical expenses and lost wages but also pain and suffering, ongoing rehabilitation costs, and future medical needs. Our goal is to ensure that our clients receive comprehensive compensation to support their recovery and maintain their quality of life.

Throughout the legal process, we provide unwavering support to our clients. From the initial consultation to the final settlement or trial, we are committed to being there every step of the way. Our clients can rely on us for clear communication, regular updates, and compassionate guidance, helping them navigate the often overwhelming legal landscape.

We employ a range of strategies tailored to each case to aim for the best possible outcomes, including:

  • Conducting thorough investigations to establish liability and negligence.
  • Gathering and preserving crucial evidence, such as accident reports, witness statements, and medical records.
  • Consulting with medical experts to substantiate the extent of injuries and required treatments.
  • Reconstructing the incident to demonstrate the causal link between the incident and the injury.
  • Negotiating with insurance companies for a fair settlement.
  • Leveraging our courtroom experience to advocate effectively at the trial.
  • Calculating and documenting all potential damages, including medical expenses, lost wages, pain and suffering, and future medical needs.

We are dedicated to ensuring that all personal injury victims, including those with brain injuries, receive the justice and compensation they deserve. 

We encourage you to contact us for a free consultation to discuss your case. Our mission is to stand by your side, providing the steadfast legal support you need during this challenging time.

Request a Free Legal Consultation

Philip Kim Law, P.C.
368 West Pike Street, Suite 203
Lawrenceville, GA 30046
(678) 203-6968
Fax: (678) 273-3501
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