What should I do right now if I think I have a brain injury?

If you or someone you love has suffered a brain injury, you’re probably exhausted, scared, and not sure where to turn. You don’t need to have all the answers. You don’t need to understand Georgia law right now. You just need to take a few small steps — and we’ll walk beside you through every single one of them.

Brain injuries are unlike any other injury. They’re often invisible to the people around you — yet they change everything: how you think, how you sleep, how you feel, how you work, and how you show up for the people you love. When you’re in the middle of it all — managing appointments, missing work, worrying about money — figuring out your legal rights can feel impossible.

At Tobin Injury Law, we’ve helped brain injury survivors and their families across Atlanta and throughout Georgia navigate exactly this situation. Attorney Darren Tobin has been recognized as a Super Lawyers Top 100 attorney and has secured landmark verdicts — including a $100 million federal jury verdict in 2022. But more than any award, what defines this firm is this: we treat every client with the dignity and compassion we’d want for our own family.

Here are five steps that protect you right now — both your health and your legal rights under Georgia law.

The Five Steps

1. Please get medical care — today if you can.

We know you might feel like you can push through. But brain injuries can worsen silently — and the only way to know what you’re dealing with is to see a doctor. Ask for a full neurological evaluation, not just a quick exam. CT scans, MRIs, and specialist assessments catch what a basic visit misses. Your health is the only thing that matters right now. And getting care today creates the medical documentation that becomes the foundation of your legal case later. Don’t wait and wonder. Go.

2. Write down how you’re feeling — even if it’s messy.

A daily symptom log doesn’t have to be formal. A voice memo, a few lines in your phone’s notes app, a scrap of paper — it all counts. Record what’s happening: the headaches, the confusion, the days you couldn’t get out of bed, the moments your memory slipped. Brain injury symptoms evolve and fluctuate, and this record tells the full story of what you’ve been through. It’s one of the most powerful pieces of evidence you can create, and it costs nothing but a few minutes each day.

3. Take photos of where it happened, if you’re able.

Accident scenes change fast. Vehicles get repaired, hazards get fixed, surveillance footage gets deleted — often within days. If you can photograph where the injury occurred, or ask someone you trust to do it, please do. Even a few photos from your phone can become critical evidence later. If you can’t return to the scene, let us know. Our Atlanta brain injury legal team can help coordinate evidence preservation before it’s gone.

4. Don’t talk to the insurance company yet.

They will call. And when they do, they’ll sound helpful and reasonable. But insurance adjusters are trained to minimize your claim — and anything you say, even casually, can be used against you. You don’t have to be rude, and you don’t have to explain yourself. Just say: “I’ll have my attorney follow up,” and hang up. That one decision could protect thousands of dollars in compensation. Let us handle all insurer communication on your behalf.

5. Call an attorney — it costs you absolutely nothing.

A free consultation means exactly that. No commitment, no bill, no pressure to do anything you’re not ready for. Just an honest conversation about where you stand. At Tobin Injury Law, we handle every brain injury case in Atlanta on a contingency fee basis — meaning we only get paid when you do. There is no financial risk in making that call. Darren personally invites you to reach out: 404-JUSTICE (404-587-8423).

“My practice philosophy is simple: treat every client with the dignity, respect, and compassion that I wish for my own family.”

— Darren Tobin, Founding Attorney, Tobin Injury Law

Under O.C.G.A. § 9-3-33, Georgia gives most brain injury victims two years to file a personal injury claim. But the evidence that makes cases winnable disappears much sooner than that. Witnesses forget. Footage is overwritten. Scenes are altered. The sooner you reach out, the stronger your position. You don’t have to do this alone — and you don’t have to do it all at once. Just start with step one.

Frequently Asked Questions

What should I do right now if I think I have a brain injury?

Get immediate medical attention and ask for a full neurological evaluation. Start documenting your symptoms daily, photograph the accident scene if you can, avoid giving any statements to insurance companies, and contact an Atlanta brain injury attorney for a free consultation. These five steps protect both your health and your legal rights from day one.

How long do I have to file a brain injury claim in Georgia?

Under O.C.G.A. § 9-3-33, most brain injury victims in Georgia have two years from the date of injury to file a personal injury claim. However, critical evidence disappears far sooner — which is why contacting an attorney early matters.

Does Tobin Injury Law charge upfront fees for brain injury cases?

No. Tobin Injury Law handles all brain injury cases on a contingency fee basis. You pay nothing unless we win your case — no upfront costs, no hourly billing, no financial risk to you.