In the early morning hours of April of 2015, a tractor trailer plowed into two different cars carrying seven Georgia Southern nursing students. Five of the students were killed. Two students suffered serious injuries but survived the crash.
On January 19th, 2017, one of those survivors, Megan Richards, gave emotional testimony in court, discussing the anxiety and depression that the accident left her with, as part of a lawsuit against the truck driver and the trucking company he worked for. In an earlier civil lawsuit, the trucking company admitted responsibility and reached a multi-million dollar settlement with the other victims.
Not only was Megan coping with the loss of her friends, but her lawyers also argued that she was still suffering from a traumatic brain injury. “Not every day is the worst day of my life, but a lot of days are bad, but it’s the good days that make it worth it,” she testified.
Her father stated that she has, “A lot of anxiety. She’s depressed, she’s not social.” After hearing testimony and seeing evidence, a jury awarded Megan $15 million.
Unfortunately, these types of lasting symptoms, and many others psychological and emotional problems, are typical of traumatic brain injuries (TBIs). A TBI can be a single serious concussion, as occurs in severe traffic accidents or serious work-related accidents, or can be caused as a result of a series of smaller brain traumas, known as continued traumatic encephalopathy (CTE). According to the CDC, there are millions of new TBI emergency room visits, hospitalizations, and deaths each year. When TBIs are caused by the wrongful actions of someone else, victims are entitled to be fully compensated for their harm.
TBI Symptoms
Brain injuries can cause a variety of symptoms, including:
• Disorientation, confusion, or simply not feeling like one’s self;
• Problems sleeping;
• Headaches;
• Nausea or vomiting;
• Dizziness or difficulty balancing;
• Sensitivity to sound or light;
• Sensory problems, including blurred vision, ears ringing, or having a bad taste in the mouth;
• Mood swings;
• Problems with memory or concentration; and
• Depression and anxiety.
Proving Damages in TBI Claims
When TBI symptoms are carefully documented and medically provable, victims in TBI claims are entitled to be compensated. But it is crucial that TBI victims carefully record how the symptoms have impacted their life, and thoroughly acquire and prepare all necessary medical evidence.
Proving the harm that a TBI caused can require presenting numerous pieces of evidence, including but not limited to:
• Medical records;
• Physician reports;
• Expert medical testimony;
• Vocational evaluations;
• School and work records;
• Functional capacity evaluations; and
• Testimony from family, friends, and the victim.
Georgia personal injury law defines two types of damages that can be awarded in any personal injury case: special damages and general damages. Special damages compensate a person for things like medical expenses and lost wages. General damages compensate for non-economic losses, such as pain and suffering or emotional distress.
Although TBI claims can be difficult to prove, when evidence is carefully prepared and persuasively presented to the court, significant special and general damages are usually possible.
Contact the Brain Injury Accident Attorneys at Williams Elleby Howard & Easter, for More Information
The personal injury attorneys at Williams Elleby Howard & Easter, are dedicated to getting justice for personal injury victims in the State of Georgia. If you would like more information about this issue, or would like to discuss your case, contact Williams Elleby Howard & Easter, to schedule a free consultation at 833-LEGALGA.
