Marietta TBI Attorney

Proving Fault in a Brain Injury Case

Your brain injury attorney will be responsible for approving negligence.

To accomplish this, we need to prove the four elements of negligence, which include:

• Duty of care
• Breach of duty
• Causation
• Damages

Essentially, we’ll need to show that the accused party owed you a duty of care, that they breached that obligation, and caused you to suffer damages.

The type of accident you were involved in will largely determine how your attorney approaches establishing fault in your case.

For example, if you were injured in a car accident, your attorney might begin looking for evidence of negligent driving.

But if your traumatic brain injury stems from a slip and fall, we may approach the property owner to determine where they may have been negligent.

There is also a strong possibility that several parties share blame for your traumatic brain injuries. Only a thorough investigation will uncover the truth.

Seeking Medical Attention for a Traumatic Brain Injury

Prompt medical attention is essential when it comes to traumatic brain injuries. Even seemingly minor head injuries can have serious consequences, and early intervention can help prevent further damage.

Seeking medical attention for a TBI involves the following steps:

1. Emergency Medical Care: If the injury is severe or life-threatening, immediately call emergency services or go to the nearest emergency room.
2. Diagnostic Testing: Medical professionals will conduct a series of tests, including CT scans and MRIs, to assess the extent of the brain injury and determine the appropriate course of treatment.
3. Treatment and Rehabilitation: Depending on the severity of the injury, treatment may involve medication, surgery, physical therapy, occupational therapy, and/or counseling to aid in the recovery process.

Remember, seeking medical attention is not only crucial for your health but also plays a significant role in any legal proceedings that may follow.

Why Hire a Marietta TBI Attorney

Navigating the legal complexities of a traumatic brain injury case can be overwhelming, especially when dealing with the physical and emotional toll of the injury itself.

Hire our Marietta TBI accident attorneys for several reasons:

1. Legal Experience: TBI accident attorneys are experienced in personal injury law, particularly cases involving traumatic brain injuries. They have the knowledge and experience to handle the intricacies of your case.
2. Case Evaluation: An attorney will thoroughly evaluate the circumstances surrounding your injury, gathering evidence, interviewing witnesses, and assessing liability to build a strong case on your behalf.
3. Negotiation and Advocacy: A skilled Marietta TBI accident attorney will negotiate with insurance companies and opposing parties to ensure you receive fair compensation. They will advocate for your rights and fight for the justice you deserve.
4. Peace of Mind: By hiring an attorney, you can focus on your recovery while knowing that your legal interests are being protected. They will handle the legal paperwork, deadlines, and court proceedings on your behalf.

How a TBI Accident Attorney Can Help You Seek Justice

A Marietta TBI accident attorney can assist you throughout the legal process, guiding you every step of the way.

Here’s how they can help you seek justice:

1. Initial Consultation: During an initial consultation, the attorney will listen to your story, evaluate the merits of your case, and provide you with an overview of the legal process. This consultation is often free of charge.
2. Investigation and Evidence Gathering: The attorney will conduct a thorough investigation, gathering medical records, accident reports, witness statements, and any other evidence necessary to establish liability.
3. Building a Strong Case: Armed with the collected evidence, your attorney will build a compelling case on your behalf. This includes drafting legal documents, filing necessary paperwork, and ensuring all deadlines are met.
4. Negotiation and Settlement: Your attorney will negotiate with insurance companies and opposing parties to secure a fair settlement that covers your medical expenses, lost wages, pain and suffering, and other damages.
5. Litigation (if necessary): In the event that a fair settlement cannot be reached, your attorney will represent you in court, presenting your case to a judge and jury and advocating for your rights.

The Legal Process for Pursuing a Traumatic Brain Injury Claim

Pursuing a traumatic brain injury claim involves a series of legal steps, including:

1. Initial Consultation: Meet with a Marietta TBI accident attorney to discuss the details of your case and determine if you have a valid claim.
2. Investigation: Your attorney will gather evidence, interview witnesses, and assess liability to build a strong case on your behalf.
3. Demand Letter: Your attorney will draft a demand letter outlining your injuries, medical expenses, lost wages, and other damages, and present it to the responsible party or their insurance company.
4. Negotiation: Your attorney will negotiate with the opposing party to reach a fair settlement. This may involve multiple rounds of negotiation.
5. Settlement or Litigation: If a fair settlement is reached, your case will be resolved. If not, your attorney will proceed with filing a lawsuit and representing you in court.

Compensation Available for Traumatic Brain Injury Victims

Victims of traumatic brain injuries may be entitled to various forms of compensation, including:

1. Medical Expenses: This includes past, current, and future medical bills related to your brain injury, such as hospital stays, surgeries, medications, therapy, and rehabilitation.
2. Lost Wages and Future Earnings: If your injury has resulted in missed work or a diminished earning capacity, you may be entitled to compensation for lost wages and future earnings.
3. Pain and Suffering: Compensation may be awarded for the physical and emotional pain, suffering, and mental anguish endured as a result of the traumatic brain injury.
4. Disability and Impairment: If the injury has caused long-term or permanent disability, you may be entitled to compensation for the loss of enjoyment of life, loss of independence, and diminished quality of life.

The specific compensation available will depend on the circumstances of your case. An experienced Marietta TBI accident attorney will work to ensure you receive the maximum compensation you deserve.

Compensatory & Exemplary Damages for Traumatic Brain Injuries

There are many situations where it may become necessary for you to pursue your case in civil court. One benefit of a brain injury lawsuit is recovering both compensatory and exemplary damages.

Compensatory damages refer to your economic and non-economic damages.

Some common ones awarded for brain injuries include:

• Mental anguish
• Loss of consortium
• Lost income
• Diminished earning capacity
• Diminished quality of life
• Loss of household services
• Reputational damage
• Property damage
• Current and future medical expenses and equipment

Exemplary damages are different. Commonly referred to as punitive damages, the courts may award these damages if the liable party’s actions were reprehensible or grossly negligent.

Punitive damages punish the culpable party beyond the compensatory damages you deserve.

The best way to get a sense of what your specific brain injury claim might recover is to speak with a lawyer.

What to Expect From the Insurance Company

Insurance companies will go to great lengths to reduce the amount that they will be required to compensate you. Insurance companies commonly claim that the brain injury victim exaggerates or fakes their injuries.

Many insurance companies will also attempt to compensate for certain economic damages such as property damages or medical bills. But many victims’ lives are impacted in ways that are not financial.

Although insurance companies will frequently undervalue brain injury claims, your attorney can present the necessary evidence to convey the harm done and secure the maximum.