If you sustained head or brain injuries in a vehicle crash through no fault of your own, you might have a viable claim for monetary damages. Pursuing this claim could help you recover monetary compensation and a measure of justice against the driver who caused the accident.
Let a lawyer at Bader Scott Injury Lawyers who is familiar with head and brain injury cases handle your Mableton accident case while you recover from your injuries.
The Basis of a Brain Injury Claim
Head and brain injuries frequently have traumatic, life-changing consequences. These consequences can impact a person’s health, finances, and emotional state. A legal claim could address all of these challenges.
According to the Georgia Department of Public Health (DPH), more than 25,000 people sustain traumatic brain injuries in the state each year. These injuries can occur under the following circumstances:
- Car Accidents. Motor vehicle accidents are a major cause of traumatic brain injuries. The crashes generate a tremendous force that can damage the head or brain from the impact.
- Violent Crime. Some brain injury claims result from an intentional act of violence. Examples could include injuries sustained from a physical assault or a gunshot wound.
- Falls. Slipping and falling can lead to an array of injuries, as can a fall from a significant height. In both of these situations, an impact to the head during a fall could cause serious brain injuries.
- Defective Products. Some brain injuries occur as the result of a defective consumer product. These can occur when a household product explodes or otherwise malfunctions in a dangerous way.
- Medical Malpractice. Surgical errors can result in a head or brain injury. These are especially common when mistakes are made during a surgical procedure involving the head.
For a free legal consultation with a head and brain injury lawyer serving Mableton, call (404) 888-8888
Establishing Negligence is Necessary to Obtain Compensation
In and of itself, suffering a brain or head injury will not entitle you to monetary compensation. In order to obtain a monetary award, you must prove that the person or entity that caused your injury was negligent.
To demonstrate that negligence led to your injuries, you must prove four important elements:
Should you fail to demonstrate even one of these elements, your claim will not be successful.
Duty of Care
A defendant is only responsible for the injuries they cause if they owed a duty of care to the defendant.
The duty of care varies with each type of injury claim. For example, establishing a negligent driver owed a duty of care to another motorist can be much easier than showing a property owner owed a duty to a trespasser.
Whether or not a defendant breached the duty of care is often a primary point of conflict in an injury lawsuit. A breach can occur when the defendant engages in conduct that recklessly, intentionally, or carelessly injures another person.
Again, what constitutes a breach will largely depend on the nature of the plaintiff’s accident. In a claim stemming from a motor vehicle accident, a breach could involve driving while intoxicated or running a red light.
The term causation refers to the link between a defendant’s breach and a plaintiff’s traumatic head or brain injury. Without a link between the two, a plaintiff will not be entitled to compensation. This element is necessary to ensure a defendant does not face liability for injuries they did not cause.
The final element of negligence involves damages. To recover monetary compensation, you have to prove that you sustained measurable damages from your head injury. This is rarely an issue given the severity of brain trauma. Your damages could include your lost wages, medical expenses, and pain and suffering.
Mableton Head and Brain Injury Lawyer Near Me (404) 888-8888
Make the Most of Contingency Fee Structures
One of the primary ways our firm puts our clients first is by operating on a contingency-fee-basis. We only recover our fee if we first collect money on your claim. That means if you never get paid, we never get paid.
Our approach to billing is only one of the ways we focus on our clients. We also offer free consultations for anyone who has suffered head trauma through no fault of their own.
Our attorneys are prepared to work on your case and answer the questions you likely have. A lawyer from our firm serving Mableton is ready to get to work building your case.
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Statute of Limitations for a Personal Injury Case in Mableton
Every state has a time limit on how long you have to file a personal injury lawsuit in civil court. In Georgia, the statute of limitations is two years from the date of the accident or injury, according to OCGA §9-3-33. If you miss filing by the deadline, the judge may dismiss your case and your chance to seek compensation.
A lawyer familiar with head and brain injuries from our firm can ensure all pertinent paperwork is filed in a timely manner. Our team can handle your case from start to finish so you can focus on your recovery.
You Could Recover Monetary Compensation for a Head or Brain Injury
If you are concerned about your future following a head or brain injury, a legal claim against the at-fault party might help you obtain peace of mind. While no dollar amount can undo a brain injury, a financial settlement could ensure your needs are met physically, emotionally, and financially.
You do not have to face these challenges alone. The team at Bader Scott Injury Lawyers can lead you through the process. Call (404) 888-8888 for your free consultation with a member of our team.