Atlanta Personal Injury Lawyers Blog

Chris Dronett has filed suit against the NFL on behalf of her deceased husband, former Atlanta Falcon Shane Dronett. After playing for 10 seasons, Shane retired from the NFL in 2003. In 2006, he began to suffer from paranoia, confusion, fear and rage. He subsequently had surgery to remove a brain tumor in 2007. Shane's condition continued to worsen resulting in his tragic suicide in the couple's Duluth, Georgia home in 2009.

The Boston University School of Medicine's Center for the Study of Traumatic Encephalopathy confirmed that Shane was suffering from a degenerative brain disease Chronic Traumatic Encephalopathy (CTE) linked to repetitive head trauma.

Researchers believe the beating Shane took as an NFL lineman led to his brain's deterioration. It is estimated that a NFL lineman takes 1,000 or more hits every season accumulating to tens of thousands of ultimately subconcussive hits, resulting in overt concussion symptoms such as dizziness, short-term memory loss and confusion but could still cause brain damage.

The number of subconcussive hits Shane Dronett took likely started when Shane played youth and high school football continuing to accumulate as he became an All-American at The University of Texas. Increasing awareness and understanding of the dangers of concussions have shaped a more proactive approach to the problem on a professional level, but the overwhelming majority of head injuries are suffered by student athletes in a broad range of sports.

There are 1.6 to 3.8 million concussions per year among teenage athletes and as many as 80% go unrecognized or are not treated properly. The NFL has the funds to keep physicians on staff, but most high school athletic departments do not. Students feel pressure to return to the field in hopes of impressing scouts and receiving scholarships. Therefore it is imperative for coaches and parents to monitor the activities of these student athletes and seek the proper medical attention if a head injury occurs.

If you or a loved one experience a head injury, it is important that you see a doctor for appropriate diagnosis especially if you notice a change in sleep patterns, confusion, fatigue or mood swings. If in fact you have suffered a mild traumatic brain injury such as a concussion, seeking help quickly will increase your chances of a full recovery. Athletes with multiple concussions were 7.7 times more likely to experience a major drop in memory performance.

Four former National Football League players have filed suit in Atlanta against the league for personal injury, asserting that the NFL ignored years of evidence that repeated blows to the head were causing serious and traumatic brain damage to NFL players. The suits are the first of about 30 that will be filed on behalf of ex-NFL players and, in many cases, their wives.

The players claim that the NFL not only failed to take effective action to protect players from head injuries, but failed to inform players of the risks associated with concussions. Instead, the NFL chose to misrepresent and/or conceal medical evidence through its 'hand-picked' committee of physicians who were purportedly researching same, according to the plaintiffs. While athletes in other professional sports who had suffered concussions were being effectively 'shut down' for long periods of time or full seasons, NFL protocol was to return players who had suffered concussions to the very game in which they suffered the injury.

The four men say they continue to suffer from headaches, insomnia, dizziness and dementia. Plaintiffs include Jamal Lewis, Dorsey Levins, Fulton Kuykendall and Ryan Stewart. Lewis, 32, played for the Baltimore Ravens and the Cleveland Browns and is one of only five players to rush for over 2,000 yards in one season. Levens, 41, played for the Philadelphia Eagles, New York Giants and the Green Bay Packers. Kuykendall retired in 1985 after 10 years with the Atlanta Falcons that earned him the nickname "Kaptain Krazy" for his enthusiastic assaults on opposing players. Stewart spent five seasons with the Detroit Lions and now commentates for ESPN.

If you or a loved one experience a head injury, it is important that you see a doctor for appropriate diagnosis especially if you notice a change in sleep patterns, confusion, fatigue or mood swings. If in fact you have suffered a mild traumatic brain injury such as a concussion, seeking help quickly will increase your chances of a full recovery. Up to 15% of those diagnosed with mild traumatic brain injury have persistent disabilities.

Continue reading "Former NFL Players Sue Over Traumatic Brain Injuries" »

In 2006, a U.S. Postal truck pulled into oncoming traffic in heavy rain causing a horrific car accident in middle Georgia. As the driver swerved to avoid the collision, his car skidded off the roadway, into a wooden fence that shattered and broke through the windshield puncturing the driver's girlfriend in the abdomen. She was over eight months pregnant and her son was delivered that day with a profound brain injury.

In 2009, The National Highway Safety and Traffic Administration (NHSTA) issued a study related to Driving with Visual Loss in situations such as rain, darkness, fog, and heavy snow where a driver's field of vision is reduced. While it indicated many drivers automatically reduce their speed or self-monitor their driving in hazardous conditions, the study also found these drivers have significant difficulty maintaining their lane on curves and are slower to respond to another vehicle suddenly appearing in their path. The study simulated driving in rain and other situations in which there is peripheral vision loss often resulting in a car accident. Interestingly, the participants did not show expected compensatory head movements, turning side to side, even when there was significant difficulty maintaining control of the vehicle.

Because the lawsuit in this case was filed against the U.S. Government, i.e. the U.S. Postal Service, the case was heard in Federal Court. U.S. District Judge Clay Land used an advisory jury panel, a highly unusual move, to help him decide who was at fault in the accident due to conflicting stories. The advisory jury found the postal worker 100% liable after considering multiple changes in his story and the fact that he left the scene after dialing 911. The judge heard the damages portion of the trial awarding $11.5 million to the young woman and her son. The traumatic brain injury to both her and her son left them with permanent disabilities, especially the infant who is unable to attend to his basic necessities without assistance.

Continue reading "Georgia Postal Truck Accident Causes Traumatic Brain Injury to Infant" »

A 28 year old former DeKalb police officer finally settled his case with the insurer for a charter bus that collided with his truck in heavy rain in Hall County. The young officer was off-duty at the time that he lost control of his vehicle on I-85 and slammed into the median wall - his truck was protruding into the HOV lane in which a charter bus was travelling that crashed into him shortly thereafter. Because of the traumatic brain injury (TBI), the young man is no longer able to work suffering from loss of vision and brain damage. The insurer ultimately settled for $5 million after evidence was uncovered that the bus driver was travelling 6 miles over the limit.

In Georgia, charter bus drivers must have a commercial license and operate under different rules and requirements. However, more than speed was at play in this settlement. Insurers must look at the whole case, the county in which the case will be heard, and the "sympathy factor" for the plaintiff. In this case a young police officer with a family was a very sympathetic victim. Looking at just the facts, the bus driver was caught unaware on a dark, rainy night as he came upon the truck in the HOV lane. The fact that he was speeding established at least some negligence on his part.

Additionally, the type of injury suffered by this young man - traumatic brain injury - requires specialized knowledge and expert testimony. As someone with a family member who suffered a severe head injury resulting in permanent brain damage, I can tell you that the nuances of this type of injury require skill and understanding to be able to communicate to a jury (or insurance lawyers) the full impact of TBI.

Continue reading "Metro Atlanta Charter Bus Accident ends in Traumatic Brain Injury" »

In Lilburn, Georgia, a texting teen crashed into a telephone phone. While typing a text to a friend and he ran off the road - the impact broke the pole in two. The young man suffered a traumatic head injury due to the impact of the accident. Gwinnett Police plan to charge him with improper use of a cell phone while driving and failure to maintain his lane.

Cell phone usage and texting while driving are distractions that are widely recognized as a cause of traffic accidents. According to the National Highway Traffic Safety Administration (NHTSA), approximately 16% of all fatal crashes were caused by driver distraction. While this distraction factor includes more than cell phone usage, it is estimated that at any given moment 11% of drivers are using an electronic device while driving.

In fact, the Federal government is so concerned with cell phone use while driving they have joined with the National Safety Council in forming FocusDriven, a nonprofit organization which will focus on raising awareness of the dangers of distracted driving. FocusDriven is modeled after MADD which successfully changed America's drinking and driving habits.

Placing the focus on educating the public about the high rate of car accidents caused by cell phone use is a great idea.

Lately, we have heard quite a bit about concussions and football athletes. In particular, Tim Tebow of the Florida Gators suffered a concussion in a recent game causing concern and raising the questions of how you know when you have a concussion and how you treat it? Although, Tebow's injury was a "legal" hit, many car accidents and truck accidents in Georgia cause mild to severe concussions also called traumatic brain injuries, some resulting in permanent brain damage. In fact 20% of motor vehicle accidents result in traumatic brain injury including concussions.

But what is a concussion? A concussion occurs when the brain is violently shaken inside the skull, for example, when your head hits the windshield or side window in a tractor trailer accident. A mild concussion does not result in a loss of consciousness but you may feel dazed. In a severe concussion, there is a period of unconsciousness and you have no memory of the event.

Often called mild traumatic brain injury, concussion symptoms include nausea, dizziness, irritability, depression, lack of coordination, headaches, confusion and other memory or thinking behaviors. These symptoms can linger for months. Because the damage is unseen and the symptoms elusive, there is no set time frame for the healing process. Rest is often recommended as a first course for recovering from a concussion.

As a truck accident attorney, proving mild brain injury from a concussion requires specific and detailed knowledge of how the brain works because symptoms are often subtle. Often, people look fine although they feel or act differently. A neuropsychologist can focus on the cognitive injuries adding credibility to the person's symptoms. Fortunately, most people recover completely from concussions, but if you have suffered an injury as a result of a motor vehicle accident, please follow up with your physician and be aware of the varying symptoms of concussions.

Learn More:
Facts About Concussions and Where to Get Help

Signs of Incompetence After Brain Injury by Lori Jolly

Last Wednesday, Sarah Halperin was jogging when she was struck by a car in a metro Atlanta pedestrian accident. She was taken to Atlanta Medical Center, unconscious and with no identification, just her iPod. A recent graduate of Emory University, Halperin had registered her iPod with Apple which turned out to be the only link the hospital had to her identity. Incredibly, the hospital staff was able to trace her iPod registration number to identifying information and then locate her mother.

Car and pedestrian accidents are unfortunately common in an urban area, particularly a community like Decatur where there is greater pedestrian activity. The early morning hours of darkness and light traffic cause many pedestrians, runners and drivers to relax and be a little less cautious than during the busy daylight hours. Pedestrian accidents often have serious injuries such as traumatic brain injury, broken bones and paralysis. Drivers need to keep an extra eye out for pedestrians and runners during the predawn hours and individuals who are on foot need to be aware that they are often not visible to drivers and take extra precaution.

The driver of the car in this accident did the right thing and stopped to help, but some drivers have said they weren't even aware they had hit a person. Here are some safety tips if you are a pedestrian or an active runner: 1) wear an identification bracelet or tag on your shoes, 2) wear reflective clothing, 3) run against traffic, 4) cross only in a crosswalk, and 4) be aware that if you are plugged in to an electronic device you cannot hear cars approaching behind you. We certainly hope for the best for Ms. Halperin and congratulate the nurse who followed up on the iPod registration and tracked down the family members.

Additional Resources:
Road Runners Club of America Safety Tips

Continue reading "IPod Used to Identify Victim of Decatur Pedestrian Accident" »

Atlanta car accidents, particularly those involving trucks, often lead to mild traumatic brain injury. With over 133,000 injuries annually due to Georgia car accidents, trucking accidents and motorcycle accidents, many victims often think they have suffered a only a concussion when in fact they have a mild traumatic brain injury.

What is mild traumatic brain injury? A traumatic brain injury occurs when the head is violently impacted causing injury to the brain. Mild traumatic brain injury is most often characterized by a loss of consciousness for less than thirty minutes, confusion, disorientation or amnesia near the time of the car accident. Approximately 42,000 Georgians per year suffer brain injuries. Of these, approximately 75% are mild traumatic brain injuries.

Often referred to as the invisible injury, many victims find that they no longer can concentrate, have short term memory loss and even emotional problems. Brain injuries cause physical, cognitive and emotional impairment. While early symptoms may appear to be mild or inconsequential, they can lead to significant and life-long impairment.

If you or a loved one are in a car accident and experience a head injury, it is important that you see a doctor for appropriate diagnosis especially if you notice a change in sleep patterns, confusion, fatigue or mood swings. If in fact you have suffered a mild traumatic brain injury, seeking help quickly will increase your chances of a full recovery. Up to 15% of those diagnosed with mild traumatic brain injury have persistent disabilities.

Resources for victims of brain injury:

Brain Injury Association of Georgia

Georgia Brain Injury Treatment Facilities

In Georgia, approximately 22% of traumatic brain injuries are caused by car accidents often involving trucks, motorcycles, bicycles or pedestrians. Between 2004 and 2007, there was a 29.5% increase in traumatic brain injury in Georgia alone. Traumatic brain injury, sometimes referred to as TBI, is the result of a head injury when there is a sudden impact to the brain. Most often in auto accidents, an individual will suffer a closed head injury which occurs when the head violently impacts an object yet the skull is not broken. Fortunately, those of us who live anywhere in the Atlanta area from Macon to Athens to Cumming to Douglasville have access to some of the best treatment for brain injuries in the southeast including the only level one trauma center within 100 miles of the metro Atlanta area at Grady Hospital.

The high level of research and study of brain injuries allows Atlantans to have access to cutting edge treatment. An Emory University Brain Research Laboratory professor was recently honored for his commitment to finding treatments and cures for brain injured patients. People come from all over the United States for further treatment and rehabilitation at the Shepherd Center which is a state of the art facility for brain injury and spinal cord injury patients.

Having lived through the type of treatment and care that goes into a family member having a brain injury, I know how important it is to have the latest techniques and medicines available. Once your loved one has survived the car accident and head injury, an enormous amount of your energy and resources will be tied to rehabilitation. My sister almost lost her life in an auto accident, and the reality of it is that she lost the life she had led due to her traumatic brain injury. Nothing can ever fully repair the brain damage that is suffered in a serious head injury.

Learn more:
Brain and Spinal Injury Trust Fund Commission of Georgia

Brain Injury Association of Georgia

Continue reading "Car Accidents in Atlanta are Leading Cause of Brain Injury" »