Expert Traumatic Brain Injury Attorney Atlanta GA
What are the common causes of TBIs in Atlanta?
Atlanta has many cases of traumatic brain injuries each year that result from various types of accidents, like car accidents, truck accidents, motorcycle accidents, premises liability, sports injuries, medical malpractice, and slip and fall accidents. Brain injuries from playing certain sports are also a risk factor, especially in contact sports such as football, hockey, and soccer. Collisions or falls in these sports can make the brain move harshly inside the skull with these types of injuries.
Do I need a traumatic brain injury lawyer?
Facing a traumatic brain injury alone without legal advice from a personal injury attorney can be overwhelming. An experienced JH Law Group Atlanta brain injury lawyer that specializes in traumatic brain injury cases will provide a free consultation, assess the severity of your injury, explain your legal rights, and help you pursue a claim to get the financial compensationand case results you deserve. If you've suffered a traumatic brain injury from medical malpractice, a truck accident, motorcycle accident, or any other type of personal injury, our skilled personal injury lawyers stand ready to provide a free case evaluation.
What do you need to prove in order to win a TBI lawsuit?
The key legal elements that need to be established in order to win a TBI lawsuit in Atlanta include showing a duty of care, the breach of said duty, causation, and damages suffered:
- Duty of Care – First, you must show that the at-fault party (i.e. defendant) owed you a duty of care. This means they had a legal obligation to act in a way that would not cause harm to others. For example, drivers on Atlanta’s busy roads have a duty to follow traffic laws and drive safely. Property owners must ensure their premises are safe for visitors.
- Breach of Duty – Next, you must prove that the defendant breached this duty of care, showing a defendant failed to act as a reasonable person would have acted under similar circumstances. For instance, if a driver was texting and driving or a property owner ignored a hazardous condition at their establishment, they breached their duty.
- Causation – After proving a breach of duty, you must show that this breach directly caused your TB in order to link the defendant’s actions to your injury. In Atlanta, accident reports from local law enforcement, medical records, and expert testimony from neurologists and other medical professionals can be pivotal in proving causation.
- Damages – Finally, you need to prove that you suffered damages due to your TBI. Damages can include medical expenses, lost income, pain and suffering, the need for medical care moving forward, and lost quality of life. Detailed documentation of your injuries and their effect on your daily life is essential. Keep records of medical treatments, medical bills, and any changes in your ability to work or enjoy life.
To build a strong compensation case for a brain injury case, seek immediate medical attention to assess the seriousness of your injury. Document all details of your case, including all medical bills, lost wages, and the impact on your daily life. Secure medical records and maintain records of any communication related to the incident. Avoid discussions with insurance companies without representation by an experienced JH Law Group brain injury lawyer to help you with the legal process. We're experts in handling these highly specialized cases and are dedicated to building a robust brain injury claim. Our personal injury attorneys ensure victims get the compensation they deserve and have the support they need to recover from brain injuries.
Is there a statute of limitations for a traumatic brain injury lawsuit?
Every state has its own statute that determines the time frame within which a lawsuit must be filed. In the state of Georgia, the time limit is two years. It can be shorter for instance, if the claim involves medical malpractice. Failure to adhere to the statute of limitations for TBI lawsuits can result in losing the right to pursue legal action, so it is important to seek legal counsel from an Atlanta brain injury lawyer as soon as possible. An experienced lawyer at a reputable law firm will help you file on time, protect your rights, and build a strong brain injury case where you live. Contact JH Law Group today for a free consultation.
What if the TBI was partly my fault?
Contributory negligence is a legal defense that comes into play in some personal injury cases. Under this defense, if the person who was hurt did anything themselves that contributed to the accident or injury, the defendant is not responsible for the injury and the plaintiff cannot recover any damages. Today, most states no longer apply contributory negligence and instead use comparative negligence rules.
Georgia is a modified comparative negligence state, meaning damages can be recovered in a personal injury lawsuit even if a person was partially at fault, as long as the percentage of fault does not equal or exceed that of the other party, or it does not exceed the proportion of fault of all other parties combined. The damages resulting from a TBI settlement would be reduced by an injured person's percentage of responsibility. For example, a brain injury victim who didn’t use a crosswalk may have been 10% responsible for a car accident because they did not use a crosswalk, while the drunk driver who hit them may have been 90% at fault. If the settlement was $1,000,000, it would be reduced by 10% because the driver is responsible only for their proportionate amount of the damage based on their amount of fault. A JH Law Group brain injury lawyer will advise you on your share of responsibility and the potential impact on your brain injury case.
How much is the average TBI Settlement?
A variety of factors influence traumatic brain injury settlement amounts.The financial compensation for the claim depends on the total damages suffered due to the negligent actions of the at-fault party. Each brain injury case is unique and personal injury settlements are determined based on factors such as liability, the extent of damages incurred, the total damages incurred, and how much insurance coverage is available. Financial compensation for a brain injury case may also consider non-monetary damages such as pain and suffering and punitive damages if the defendant's actions were particularly egregious. Punitive damages are designed to punish wrongdoers and deter similar behavior in the future. As such, they can play an important role in brain injury cases by providing compensation and justice for the TBI victim and their family. Punitive damages are awarded under civil law when someone has committed a tort (wrongful act) against another person. In certain cases, such as those involving wrongful death, the court may award punitive damages to punish the defendant for their malicious or intentional misconduct and deter them from engaging in similar behavior. Examples include a motor vehicle accident involving a defendant who was driving under the influence or a medical professional that was negligent in medical malpractice . Getting a free consultation and guidance from an experienced Atlanta brain injury lawyer who specializes in these types cases is crucial to assess any potential settlement accurately.
How long do legal proceedings for TBI lawsuits typically last?
Legal proceedings for brain injury cases in Atlanta, GA can vary in duration. Cases may settle quickly through negotiations or extend for years if they go to trial. Factors such as complexity, evidence availability, and the court's schedule all influence the length of proceedings.
What if my loved one died as a result of a traumatic brain injury?
Is a TBI victim who died as a result of their injury, some family members have the right to file a wrongful death lawsuit on their behalf. Wrongful death lawsuits and their settlements are the exclusive benefit of the individual's beneficiaries or personal representatives, which are typically close relatives. Specific people that are legally allowed to file a wrongful death claim include:
- A surviving spouse
- Children of the descendant
- Parents of unmarried children
- A personal representative of the descendants estate
How are pecuniary loss and economic damages determined in a wrongful death lawsuit?
The amount awarded seeks to provide financial redress for the losses suffered due to the death of a loved one, despite whether or not they had financial dependents. Determining pecuniary loss is crucial. Pecuniary loss refers to the financial damages suffered as a result of the death, such as the loss of financial support, inheritance, or services the deceased would have provided. This calculation often includes factors like the deceased's age, health, earning capacity, life expectancy, and the monetary value of lost benefits at a person's time of death. The goal is to quantify the economic impact the death has on the surviving family members and dependents. Courts consider various aspects to arrive at a fair settlement amount in any wrongful death lawsuit to adequately address the financial hardships caused by the wrongful death action. Factors such as conscious pain and suffering, the deceased person's income, potential future earnings, medical costs, funeral costs, and the impact of the person's death on the family's financial stability are assessed. Understanding the intricacies of damages in wrongful death cases requires the expertise of a brain injury lawyer specialized in calculating pecuniary loss in wrongful death lawsuits.
Your traumatic brain injury attorney in Atlanta, GA
Navigating traumatic brain injuries in Atlanta without the right brain injury lawyer can be overwhelming. At JH Law Group, our team of experienced personal injury attorneys helps traumatic brain injury victims every step of the way. From establishing liability to assessing the severity of your specific head injury to negotiating with insurance on your behalf to get fair compensation for your brain injury claim, our law firm's expert team of Atlanta brain injury attorneys stands ready to review the details of your case and walk you through the legal process so you can focus on recovery. We don't just settle: we work tirelessly to get the settlement you deserve and are ready to take your case to court. Our extensive experience in front of a judge and jury ensures you get what's rightfully yours and our case results speak for themselves. JH Law Group's team of brain injury lawyers stand ready to offer a free consultationsday and night.