Woodstock Traumatic Brain Injury Lawyer
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If you believe you have a TBI claim, consult an experienced traumatic brain injury attorney from The Champion Firm.
Woodstock Traumatic Brain Injury Lawyer
A traumatic brain injury is a devastating diagnosis that can have long-term or even permanent consequences, affecting the patient both mentally and physically. TBIs can also result in financial effects that can impact their entire family. If the negligence of another person caused your loved one’s TBI, they deserve compensation for your medical bills and related damages. Contact a Woodstock traumatic brain injury lawyer at The Champion Firm to discuss your case and your options for financial recovery.
Why Should I Choose The Champion Firm for My Traumatic Brain Injury Claim?
The personal injury lawyers at The Champion Firm understand the toll a serious head injury can take, not only on the injured person but their entire family. We believe that all people injured in accidents deserve high-quality legal representation. Our lawyers provide personalized, compassionate care to your clients in pursuit of maximum compensation for their accident-related losses.
Through the years, our lawyers have recovered millions in settlements and verdicts for our clients in Woodstock and surrounding areas during one of the most difficult times of their lives. We can help you, too.
Contact our Woodstock personal injury attorneys to discuss your case during a free, no-obligation consultation. If you choose to hire us, you pay no money unless we recover compensation in your case. Contact us today, and let us fight for the compensation you deserve.
What is a Traumatic Brain Injury?
A traumatic brain injury (TBI) is a type of injury to the brain caused by an external force or trauma. TBIs can result from various events, including accidents, falls, sports injuries, assaults, and vehicle collisions. These injuries can range from mild to severe and can have both short-term and long-term effects on an individual’s physical, cognitive, emotional, and behavioral functioning.
TBIs can have a wide range of effects on individuals, depending on the severity and location of the brain injury. Common consequences of TBIs can include difficulties with memory, attention, and problem-solving, as well as emotional and behavioral changes. Rehabilitation, therapy, and medical treatment may be necessary to help individuals with TBIs retain as much function as possible and manage their symptoms.
People who suffer a traumatic brain injury from an accident or incident caused by another person’s negligence may be entitled to compensation for their medical bills and other accident-related damages through a personal injury claim.
Common Causes of TBI
Not all TBIs are due to negligence. But some common causes of TBI that are often the result of negligent actions include:
- Car accidents
- Truck accidents
- Slip and fall accidents
- Motorcycle accidents
- Bicycle accidents
- Pedestrian accidents
Sometimes, negligent actions result in fatal TBI injuries. Family members of deceased TBI victims may seek justice and recover compensation through a wrongful death claim. Consult a TBI lawyer from The Champion Firm to discuss your case.
Do I Have a Traumatic Brain Injury Claim?
To have a successful traumatic brain injury claim in a negligence lawsuit, the plaintiff (the injured party) typically needs to establish four key elements of negligence. These elements are the foundation of most personal injury claims, including those related to TBIs:
- Duty of Care: The plaintiff must demonstrate that the defendant (the person or entity being sued) owed them a duty of care. In TBI cases, this usually means showing that the defendant had a legal obligation to act reasonably or responsibly in the given circumstances to prevent harm to others. For example, a driver has a duty of care to operate their vehicle safely to avoid accidents that could cause TBIs.
- Breach of Duty: The plaintiff must prove that the defendant breached or violated their duty of care. This involves showing that the defendant’s actions or omissions fell short of the expected standard of care. In a TBI case, this might involve demonstrating that the defendant’s negligent behavior, such as reckless driving or failing to maintain safe premises, directly contributed to the injury.
- Causation: The plaintiff must establish a direct causal link between the defendant’s breach of duty and the TBI. This means demonstrating that the defendant’s actions or negligence were a substantial factor in causing the TBI. It’s crucial to establish that the TBI would not have occurred “but for” the defendant’s actions.
- Damages: To succeed in a negligence claim, the plaintiff must show that they suffered actual damages or harm as a result of the TBI. Damages in a TBI case can include medical expenses, lost income, pain and suffering, emotional distress, rehabilitation costs, and any other losses or costs associated with the injury.
Negligence claims can be complex, and the specific requirements may vary depending on the circumstances of the case. Additionally, the strength of a TBI claim can depend on the availability of evidence, such as medical records, witness testimonies, accident reports, and expert opinions.
If you believe you have a TBI claim, consult an experienced personal injury attorney from The Champion Firm. We can assess the merits of your case, gather evidence, and guide you through the legal process to seek compensation for your injuries and losses.
What to know about Traumatic Brain Injuries (TBIs) - The Champion Firm
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.
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:
- Coordination issues
- 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
Head injuries can also have a significant impact on a person’s cognitive, emotional, and behavioral functioning.
Some mental effects of a TBI include:
- Post-traumatic stress disorder (PTSD)
- Increased irritability or agitation
- Memory loss
- Difficulty concentrating
- Impaired decision making
- Sleep problem
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:
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.
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.
In cases of severe TBI, individuals may need long-term care, such as assisted living facilities or in-home caregivers, which can be expensive.
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.
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.
Some TBI survivors require assistive devices and modifications to their homes or vehicles to improve mobility and independence. These adaptations can be costly.
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
What Our Clients Have to Say
Dajaneshia | Car Accident
Michael | Car Accident
Natalia | Premises Liability
Robyn | Slip and Fall
Jake | Car Accident
Sue | Slip and Fall
Judith | Medical Malpractice
Champion Firm Client | Motor Vehicle Accidents
Wanda | Wrongful Death
Champion Firm Client | Motor Vehicle Accident
Walter | Motor Vehicle Accident
Michael | Slip & Fall
Brent | Motorcycle Accident
Sandra | Car Accident
Julie | Wrongful Death
Cynthia | Car Accident
Christy | Car Accident
Andy | Wrongful Death
Justin | Truck Accident
Chad | Truck Accident