Woodstock Traumatic Brain Injury Lawyer

What if My Loved One Partly Caused Their TBI Accident? 

Comparative negligence is a legal principle used in personal injury cases to determine how damages are allocated when both the plaintiff and the defendant share some degree of fault for the accident or injury. Comparative negligence allows for a fair distribution of liability and compensation based on the proportion of fault attributed to each party.

In states that follow a comparative negligence standard, the court or jury assesses the fault of all parties involved, including the plaintiff and the defendant(s). If multiple parties are responsible, each party’s percentage of fault is determined.

Once the court establishes fault percentages, the plaintiff’s total damages are calculated. Then, the plaintiff’s award decreases by their own percentage of fault.

Georgia follows a modified comparative negligence standard with a 50 percent bar. Under Georgia’s modified comparative negligence standard, a plaintiff can only recover damages if they are less than 50 percent at fault for the injury. If the plaintiff is found to be 50 percent or more at fault, they cannot recover any damages from the defendant(s).

In other words, as long as the plaintiff is 49 percent or less at fault, they can still pursue a claim and receive compensation, but their percentage of fault will reduce their recovery.

This system allows accident victims to recover damages in accidents where they may have played a small role. But it also means the insurance company may try to lay some blame on the accident victim to reduce the amount of compensation they owe to them. An experienced attorney from The Champion Firm knows the tactics insurance companies use and will ensure your rights are protected. 

How TBI Affects People

TBIs can result in long-term effects that affect a victim’s physical, emotional, and financial well-being. 

Physical Effects

The physical effects of a TBI can vary significantly depending on how severe the injury is. Some of these symptoms may be permanent and debilitating.

Common physical effects of a TBI include:

• Seizures 
• Paralysis 
• Coordination issues
• Tremors
• Spasticity, rigidity, or flaccidity
• Vision changes in one or both eyes
• Hearing loss or tinnitus
• Swallowing difficulties
• Persistent headaches
• Impaired fine motor skills
• Mobility issues 
• Sensitivity to light, sound, or touch
• Inability to regulate or control bodily functions 

Mental Effects

Head injuries can also have a significant impact on a person’s cognitive, emotional, and behavioral functioning.

Some mental effects of a TBI include:

• Depression
• Anxiety
• Post-traumatic stress disorder (PTSD)
• Increased irritability or agitation
• Impulsiveness
• Memory loss
• Difficulty concentrating
• Impaired decision making
• Sleep problem

Financial Effects

A traumatic brain injury can have significant and long-lasting financial effects on both the individuals who suffer the injury and their families. These effects can vary widely depending on the severity of the TBI, the necessary medical treatment, rehabilitation, and the individual’s ability to return to work and resume their normal life. Here are some common financial effects of a TBI:

Medical Expenses

TBIs often require extensive medical treatment, including emergency care, hospitalization, surgery, diagnostic tests (such as CT scans and MRIs), medications, and follow-up care. These medical expenses can accumulate quickly and may continue for an extended period, depending on the severity of the injury.

Rehabilitation Costs

Many TBI survivors require rehabilitation services, including physical therapy, occupational therapy, and speech therapy. The cost of these services can be substantial, and rehabilitation may be needed for an extended period, sometimes even for life.

Long-Term Care

In cases of severe TBI, individuals may need long-term care, such as assisted living facilities or in-home caregivers, which can be expensive.

Lost Income

TBI can lead to temporary or permanent disability, making it difficult or impossible for the injured person to work. This can result in lost wages and a decreased earning potential, affecting both the individual’s current and future financial stability.

Caregiver Expenses

Family members or friends may need to take on caregiving responsibilities, which can impact their own ability to work and earn income. This can place additional financial strain on families.

Assistive Devices

Some TBI survivors require assistive devices and modifications to their homes or vehicles to improve mobility and independence. These adaptations can be costly.

Miscellaneous Expenses

There can be various other expenses related to a TBI, such as transportation costs for medical appointments, modifications to living spaces, and ongoing medical monitoring and evaluations.

What Compensation is Available to TBI Victims?

Compensation available to traumatic brain injury (TBI) victims can vary widely depending on several factors, including the severity of the injury, the circumstances of the incident, and the applicable laws.

TBI victims may recover compensation for:

• Medical Expenses: TBI victims may be entitled to compensation for past and future medical expenses related to their injury. This can include costs for hospitalization, surgeries, doctor visits, rehabilitation, therapy (physical, occupational, or speech therapy), medications, and assistive devices.
• Lost Income: If the TBI prevents the victim from working or results in a temporary or permanent disability that affects their earning capacity, they may be eligible for compensation for lost wages or diminished future earning potential.
• Pain and Suffering: TBI victims may be able to recover damages for physical pain, emotional distress, and the overall suffering they’ve experienced due to the injury. The amount awarded for pain and suffering can be subjective and may depend on the severity of the injury and its impact on the victim’s quality of life.
• Property Damage: In cases where the TBI resulted from an accident involving a motor vehicle or other property, the victim may be eligible for compensation for property damage, such as vehicle repairs or replacement.
• Caregiver Expenses: If the TBI causes severe impairments that require ongoing care or assistance, compensation may be available for the cost of hiring caregivers or for the care provided by family members.
• Loss of Consortium: In some cases, spouses or family members of TBI victims may be able to pursue compensation for the loss of the victim’s companionship, society, and assistance that they can no longer provide due to the injury.

If you or a loved one suffer a TBI caused by another person’s negligence, you deserve compensation for all the damages you suffered. Talk with a TBI lawyer from The Champion Firm to understand the full value of your claim and the damages you may seek. 

Contact the Woodstock Traumatic Brain Injury Lawyers at The Champion Firm Today

Traumatic Brain injuries can impact an entire family. You may be entitled to compensation if you or a loved one suffered a TBI in an accident or incident. Contact The Champion Firm today at (770) 874-1755 or through our online form to discuss your case during a case consultation. Let us explain the claims process and how we can help you get the compensation you deserve.

The Champion Firm – Woodstock Office
213 Arnold Mill Rd, Woodstock, GA 30188
Ph: (770) 830-3972