Stockbridge Traumatic Brain Injury Lawyer
While the causes of traumatic brain injuries (TBIs) are just as diverse as the types, the road to recovery is often stressful and filled with medical expenses, continual doctor consultations, and lifestyle changes in the most severe of cases.
If you believe that your or your loved one’s accident was caused by the negligence of another individual, you may have grounds for a personal injury claim. Consulting an experienced personal injury lawyer could help you understand if your claim could result in compensation in court. A Stockbridge traumatic brain injury lawyer could help you seek that compensation while you focus on recuperating.
Determining Responsibility Following a Serious Accident
Tort law encompasses personal injury claims in Georgia and clearly lists what a victim must demonstrate in court to recover compensation. Each tort court claim must include four primary elements:
- Duty
- Breach of that duty
- An incurred accident
- Damages sustained by a victim because of that accident
This means that the wrongdoer must have had a legal duty towards the plaintiff and violated it. There are several different legal principles and laws that apply to torts and personal injury and a skilled attorney could help victims better understand them.
Medical Records in TBI Cases
Medical records could help to tell the story of what the TBI looks like for the victim. Often times, attorneys may rely on medical professionals to explain to jurors the significance of a victims TBI.
Applicable Comparative Fault Laws in Georgia
It is not rare for a victim in some personal injury cases to be accused of being at least partially at fault for the accident that occurred. When this happens, Georgia’s modified comparative fault laws affect the degree of compensation awarded to the victim.
In any case in which both parties are found to share the fault, it is up to the jury to decide by what percentage of negligence each party was responsible. Georgia’s modified comparative fault rule reduces the damages available to a victim equal to the percentage of fault that is assigned to him or her. Additionally, if a victim is found to be 50 percent or more responsible for an accident, the court would often bar a victim from recovering damages at all.
For a TBI victim, this determination of liability and fault could prove important for when recovering compensation. With the assistance of a TBI injury lawyer in Stockbridge, a victim may be able to negotiate degrees of fault or work to prove the negligence of the other party.
Statute of Limitations for Personal Injury Claims
With complex liability issues in play, a victim must be prepared to file a case in a timely fashion. The Official Code of Georgia Annotated 9-3-33 requires such suits to be filed within two years of the accident. However, there may be exceptions to this rule and contacting an experienced attorney who could explain these exceptions could help.
Contacting Stockbridge Traumatic Brain Injury Attorneys
When the stress of recovery is impeded by medical expenses, loss of work, or other ailments, you may wish to consider contacting an experienced Stockbridge traumatic brain injury lawyer. An attorney could sit down with you and review your case. If your case has a valid claim, an attorney could then help you bring the case to court. Call today for your confidential consultation.
