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Legal Considerations for Traumatic Head Injuries
Traumatic brain injuries (or TBIs) are the result of a sudden blow or jolt to the head that can potentially disrupt brain function. TBIs range in severity from mild and moderate concussions to skull fractures and penetrating brain injuries, but even a seemingly minor TBI carries the risk of permanently limiting your physical and mental capacities. The long-term ramifications of these injuries make it vitally important that injury victims receive full and comprehensive compensation that covers ongoing care costs and the loss of earning capacity.
The personal injury lawyers at the Law Office of Rickard, Drew & Nix will help you navigate the confusing legal landscape of catastrophic injury claims and fight for the compensation you deserve.
Understanding the Legal Principles Related to Traumatic Head Injuries
Negligence and Duty of Care
In most personal injury cases involving traumatic head injuries, the central legal concept is negligence. To establish liability, you and your attorney must prove that the other party violated the duty of care you were owed by acting negligently.
Everyone is legally obligated to behave in a safe manner that doesn’t put the safety of others around them at risk. These obligations change based on where you are, your relationship in a professional or personal capacity and what you are doing.
For example, drivers have a duty to obey traffic laws and drive safely. If they speed or run a red light, it may be qualified as negligence, making them responsible for accidents and injuries that occur due to their behavior.
Causation and Liability
It’s not enough to show that the other party acted recklessly – you also must prove that their negligence directly resulted in your injuries and your damages (medical costs, lost wages, pain and suffering, etc.). We can help you establish a direct link between the other party's negligence and a TBI, building a compelling case that demonstrates both:
- But-For Causation: Would you have been injured without the other party present? If the TBI injury only happened because of their actions, they’ll be liable and responsible for compensating you.
- Proximate Cause: In contrast, proximate cause refers to the chain of events leading to the accident. For instance, if you’re hit by a car while crossing the intersection at a red light, the driver would be liable in your claim. However, if that car hit you because they were rear-ended and the impact forced them forward, then the vehicle behind them would be the primary cause of the accident and is thus responsible for the resulting damages.
The other party will work hard to dispute any liability on their part. If they can successfully argue that you were partially at fault for your injuries – such as if you were crossing when the light wasn’t red – your compensation could be reduced.
Under Georgia’s comparative negligence system, settlement offers can be adjusted to reflect the percentage of responsibility on both sides after an accident. This defense strategy, when successful, can potentially result in a significant reduction in claim value.
Our attorneys will dedicate their time and resources to aggressively pursuing the compensation you need, constructing a persuasive legal strategy that shows the other party’s liability in your claim.
The Role of Forensic Examination in Traumatic Head Injuries Cases
If you’ve sustained a TBI, it’s essential that you undergo a forensic examination so medical professionals can get a clear picture of the injury and accurately diagnose it. Forensic examination can also provide invaluable evidence to support your personal injury case, as it has the potential to determine the cause and degree of damage.
X-rays, CT scans and MRIs[1] can explain how the injury occurred and expose the potential long-term physical, mental and financial effects. Plaintiffs and personal injury attorneys can then use this information to demonstrate the severe consequences of the other party’s actions and seek maximum compensation.
If your case is taken to court, forensic evidence can also help the jury better understand the full extent of a traumatic brain injury. When necessary, our injury attorneys enlist medical professionals with experience explaining complicated medical subjects to a jury to increase our client’s chances of success.
Hire Dedicated Attorneys with a Record of Successful Verdicts Related to Traumatic Head Injury Cases
At the Law Office of Rickard, Drew & Nix, our skilled attorneys are ready to support you during this challenging time. We’ll strategize and negotiate on your behalf, working hard to maximize your possible compensation.
Have experienced legal counsel in your corner at no up-front cost. Call (404) 588-1001 or fill out our contact form for a free consultation with one of our personal injury attorneys today.
Link to "What Are the Different Types of Medical Evaluations You May Undergo After a Car Accident Injury?" blog here
