Traumatic brain injuries (TBIs) refer to a wide range of potential damage to either the brain or the skull. In some cases it may even include an injury that temporarily or permanently inhibits brain function.
A seasoned catastrophic injury attorney can help you pursue financial damages when you suffered serious head trauma as a result of a person’s or entity’s negligent actions. One of our College Park traumatic brain injury lawyers acts as the point person on your claim while you attempt to get better in private.
Common Causes of Head Trauma
Severe motor vehicle crashes can put people at the greatest risk of brain trauma. To prevent head damage, drivers and passengers should wear seatbelts, replace malfunctioning airbags, and practice defensive driving methods. Motorcycle riders are at the most risk since they can be thrown from their bike, which is why they should wear a helmet at all times.
Head damage due to slips and falls pose the greatest risk to senior citizens. For individuals over 65 years of age, the majority of emergency room visits are the result of slips and falls.
Several other situations are likely to cause traumatic brain injury, too, like assaults, bike accidents, and sports-related injuries. A College Park TBI lawyer examines all aspect of the incident and determines where liability rests.
Modified Comparative Fault
Some injured individuals might refrain from filing suit because they believe they bear some of the blame. However, Georgia permits plaintiffs to recover damages when their level of fault is 50 percent or less. If a case goes to court, a jury determines the responsibility of each person involved in the event. This is commonly referred to as “comparative fault” in legal proceedings.
Per Official Code of Georgia §51-12-33, the total damages awarded to plaintiffs are reduced by their percentage of fault. A claimant who is 10 percent responsible for a truck wreck resulting in serious brain damage may recover $90,000 in damages if the jury awarded $100,000.
Comparative fault can greatly impact payouts in a personal injury case. A brain trauma attorney in College Park can assess whether the claimant bears some responsibility.
Limits on Damages for a TBI
In this state, certain damage caps limit the amount of money a plaintiff may be awarded in a successful lawsuit. However, these limitations apply only to some punitive damage claims, which are rare. Compensatory damages, on the other hand, are not capped. Generally, compensatory damages include the plaintiff’s economic and non-economic losses.
Some common examples of economic losses are bills for emergency medical care, surgery, follow-up medical procedures, and even lost wages.
Non-economic claims cannot be easily quantified. Plaintiffs must work with a lawyer to determine which aspects to include in the claim, such as pain, suffering, disability, and loss of companionship.
Punitive damages aim to punish reckless behavior on the part of the defendant. Most punitive claims are capped at $250,000 but a College Park attorney can explain any exceptions that exist. Under the law, 75 percent of this sum will be paid to the state.
Retain a College Park Traumatic Brain Injury Attorney for Legal Help
The recovery period following a brain damage diagnosis will take some time. Patients may need to attend medical appointments and occupational therapy sessions frequently. When recovering from brain injuries, you may be unable to work for a time. Your lost wages may be recoverable damages in many situations.
You need someone who understands the difficulties you face. Our College Park traumatic brain injury lawyer at Childers, Schlueter & Smith is committed to your legal success. Schedule a free consultation to discuss this matter with our team.
