A traumatic brain injury is a brutally damaging physical injury resulting from blunt force to the head. The effects of a TBI can be devastating and, in cases of severe traumatic brain injury, may include permanent brain damage, severe cognitive impairment, and limited physical capabilities.
Due to the extensive amount of damage an injury of this nature can inflict on the brain, a lengthy recovery involving comprehensive medical treatment may be required for an individual to heal. The cost of this medical care can be overwhelming for the injured person and their family. If your life has been grievously affected by a TBI, an Alpharetta traumatic brain injury lawyer could take on your case and help you seek compensation.
Even though it is protected by the skull, the brain is still susceptible to harm from direct external forces, as well as from certain types of indirect impacts. For example, a severe case of whiplash may result in a concussion due to the brain colliding against the interior of the skull, even though nothing actually struck the outside of the head.
While virtually any type of accident could result in head trauma, traumatic brain injuries are particularly common in incidents like:
The brain is a complex organ that controls most functions, thought processes, and other organs within the human body. When a person suffers a head injury, particularly when the injury results from the head’s forceful, violent impact with a hard surface or object, they can experience a wide range of ailments of varying severity.
Common symptoms and side effects of a traumatic brain injury include, but are not limited to, the following:
The symptoms and side effects of a TBI will depend on many factors, including the circumstances of the incident that caused the damage and the victim’s physical characteristics. A TBI attorney in the area could evaluate the facts of a case to determine the extent of harm suffered by the injured party and whether they may be eligible to recover damages.
Although traumatic brain damage is one of the most severe types of injury, the process of establishing civil liability is the same as it would be for any other type of harm sustained in an accident. Holding a defendant responsible for the effects of a TBI usually requires proving that they were legally negligent, which is defined by the following four elements:
Assistance from a skilled TBI lawyer is often critical to collect evidence of negligence and build a strong case for compensation.
When a person incurs a TBI in an accident due to another person’s wrongdoing, the injured party may have legal recourse against the negligent party. In Alpharetta, if a traumatic brain injury is due to the wrongful acts of another, the negligent party may be held liable for the resulting damages incurred under the Official Code of Georgia Annotated § 51-1-6. Under O.C.G.A. § 51-12-1(a), compensation recoverable in a civil tort action (e.g., injury from another’s negligence) include general and special damages.
General damages, also known as non-economic damages, are recoverable without any proof of an amount and include: pain and suffering; loss of consortium, which is the diminution of personal relationships; and emotional distress. Special damages, also known as economic damages, are quantifiable losses stemming from a negligent party’s actions, such as medical bills, loss of wages, and loss of future earnings. Retaining a local lawyer with experience in these forms of compensation could allow a traumatic brain injury victim to recover fair damages.
Even though traumatic brain injuries can have lifelong effects, the court could still limit a plaintiff’s recovery if they are found partially to blame for their accident. Under O.C.G.A. §51-12-33, a court may reduce a plaintiff’s damage award based on whatever degree of fault they bear for their injuries. Additionally, they could even be restricted from recovering anything if they bear 50 percent or more of the total fault for the incident.
Furthermore, O.C.G.A. §9-3-33 sets a filing deadline of two years on most personal injury claims, including those seeking restitution for catastrophic injuries like traumatic brain damage. Without help from seasoned legal counsel, it may be difficult for an Alpharetta head injury victim to accurately estimate the value of their long-term damages and file their claim within the time limit.
Hardships following a traumatic brain injury can be painful and overwhelming. From physical impairment to psychological and emotional trauma to excessive financial loss, life can drastically change following a TBI.
If your loved one is struggling with a TBI, help may be available to effectively pursue a claim. Call to schedule a consultation with a qualified Alpharetta traumatic brain injury lawyer today.