Unlike other types of minor physical harm, traumatic brain injuries (TBIs) can cause lasting personality changes and make even simple tasks challenging. Unfortunately, these conditions often come with hefty medical bills to cover treatment and rehabilitation costs. If you are in this situation, dealing with a legal claim while going through physical and occupational therapy may seem impossible.
Fortunately, an Atlanta traumatic brain injury lawyer could help ease the stress and simplify the legal process for pursuing compensation. If you or a loved one recently suffered a serious head injury, call an experienced Atlanta personal injury attorney to help you recover damages in a civil claim.
Several types of injury incidents and accidents can cause Atlanta brain injuries. Below are some of the more common causes of TBI that we can assist you with.
When another vehicle strikes your car, it can throw your body inside the car. Striking a hard surface in your car can cause a brain injury.
If you are thrown from your car during an accident and strike a hard object (the ground, another car, etc.) it is very easy to suffer catastrophic brain injuries. As a crash jostles your head, your brain can collide with the inside of your skull, damaging its soft tissue.
If a motor vehicle strikes you or otherwise causes you to crash while on a motorcycle or bicycle, you could face major injuries. Your body—and especially your head—does not have nearly the same protection as a car. While a helmet does offer some protection, being thrown from a motorcycle or bicycle can still result in catastrophic injury or even death.
Did you fall because of a wet surface in a grocery store or department store? If the walkway was a slipping hazard and not clearly marked, those responsible for the safety issue could be held accountable for your injuries.
Other injury accidents could stem from these hazards on a premises:
If any of these hazards result in a blow to your head, you could suffer a brain injury. If you are not sure if your slip and fall accident was due to someone else’s negligence, you can get in touch with our Atlanta personal injury office for help.
For a plaintiff to win damages in a TBI case, their lawyer must show the Atlanta court that they were less than 50 percent to blame for the accident. Georgia uses modified comparative negligence rules that allow plaintiffs to collect damages if they are 50 percent or less at fault.
However, a TBI victim will have their damage award reduced if they are found partially responsible for the accident. For example, say a plaintiff in a car accident is found 35 percent to blame for their brain trauma because they were looking at their phone at the time of the incident. The damages they requested would get reduced by that percentage. As such, it is crucial to work with an experienced local attorney who could contest allegations of fault in a traumatic brain injury case.
The circumstances surrounding an accident are different for every person. The injuries one person suffers may be completely different from the next person. While some brain injury cases can change a victim’s life over the long term, others could regain normal function with time and treatment.
No case is guaranteed any set amount of compensation. However, an Atlanta TBI lawyer can thoroughly investigate your case and give you a possible range of what your compensation could look like. Generally speaking, the more serious your injuries and the more expensive your medical care, the higher your potential case value could be.
Economic damages are those losses that have a specific dollar amount attached to them. They include any damage that affects you financially.
A few examples include:
According to the National Institute of Neurological Disorders and Stroke (NINDS), those suffering from traumatic brain injuries may have to undergo extensive rehabilitative treatment after moderate or severe injuries. Still, despite the treatment options available for improving function, victims of these accidents may face the hardship of disability and loss of their former lifestyles.
Non-economic damages for your brain injury can attempt to compensate you for those losses.
Typical non-economic losses include:
Our Atlanta personal injury law firm can help you seek fair compensation for your non-economic damages.
If your loved one died in an accident, you may file a wrongful death claim. This can allow you to seek compensation for your loved one’s medical expenses before their passing, funeral costs, income losses to your family, and non-financial damages.
Punitive damages are different from economic and non-economic damages. Juries sometimes award punitive damages if they determine the party responsible for your injuries was especially malicious in their harm toward you as the victim.
However, these damages are rare in personal injury cases, and you must meet the legal criteria to qualify for punitive damages. Your Atlanta brain injury lawyer can explain these details to you.
Time limits called statutes of limitations govern personal injury lawsuits. In Georgia, the deadline is normally two years from the accident. If you file a wrongful death claim for the loss of a relative, the time limit to file suit is also two years and generally starts with the date of the victim’s passing.
If you miss your filing deadline, you may wind up forfeiting your ability to seek financial compensation from the person or entity responsible for your injuries. Filing a personal injury lawsuit properly requires specific paperwork to be filled out precisely. An Atlanta TBI attorney can help you with these details.
Sometimes, it can be difficult to know who to file a claim or lawsuit against for your TBI. As with any personal injury, your case is unique and the circumstances surrounding your injury may be difficult to recall.
Depending on the kind of accident you suffered, your injury’s liability may lie with:
An employee may have taken actions (or failed to act) that led to your accident and injury. When dealing with a business, however, the employee who caused your injury may not be the sole responsible party. If the employer is liable, you could seek compensation through their corporate insurance policy.
If you sustained a serious concussion or other type of TBI, talk to an Atlanta traumatic brain injury lawyer to learn your legal options. A civil claim could help you hold the negligent person accountable and recover compensation to cover your losses. With dedicated legal support, you and your family can move forward from this difficult event and focus on your recovery. Contact our firm today for a free consultation.
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Atlanta, GA 30345
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