The U.S. Centers for Disease Control and Prevention reports that traumatic brain injury (TBI) is a leading cause of death and disability in the United States. In fact, TBIs contribute to about 30 percent of all injury deaths, and approximately 138 people die every day from TBI-related injuries.
When a TBI does not result in death, it can cause lasting impairment and disability. If you have suffered a traumatic brain injury in Georgia because of another’s actions, you may have legal recourse. Contact our law offices today for a free case consultation to learn more.
Common Causes of TBI
A large percentage of traumatic brain injuries in the United States occur because of another party’s negligence. In other words, the irresponsible actions of another individual are often the cause of a victim’s TBI. Some of the most common accident types that result in TBIs include:
- Car wreck;
- Slip and fall accidents;
- Assaults; and
- Struck by/against something (i.e. sports related injuries, falling merchandise, etc.).
Can I Recover Compensation for My TBI?
A TBI results in myriad losses for the affected individual and their family. This includes medical expenses, lost wages, an inability to care for oneself, pain and suffering, and more. You can file a lawsuit to recover compensation for all the damages above if you can prove that:
- The person named in the suit (the defendant) owed you a duty of care;
- The defendant breached the duty of care owed to you through an act of negligence; and
- The breach of the duty of care was the direct cause of your injuries.
Negligence can refer to a number of different actions or inactions. For example, if your TBI occurred as the result of a car wreck, the at-fault driver may have been negligent if they were operating their vehicle in an unreasonable or unsafe manner, such as speeding or drinking while driving. Or, if your TBI was incurred during a slip and fall accident, you may be able to prove that the owner of the property where the slip and fall happened failed to correct a dangerous hazard on the property, and that your injury would not have happened but for this failure.
Georgia Negligence Laws
In addition to being able to prove the negligence of the at-fault party, you must also prove that your own negligence did not contribute to the TBI, especially to a greater degree than did the defendant’s. Under Georgia’s contributory negligence laws, you will be barred from recovery if the defendant can prove that you were 51 percent at fault of more, and your damages will be reduced based on your percentage of fault regardless. This law is found in section 51-11-7 of Georgia Code.
Contact a Georgia Traumatic Brain Injury Attorney
Understanding your right to recovery after a traumatic brain injury is confusing. To guide you through the legal process and to help you understand what your options are for recovering the compensation that you are deserved, you need the counsel of an experienced Georgia traumatic brain injury attorney. Schedule a free case consultation with our law offices now to learn more about what to do next.
The foregoing answer is not legal advice and is merely a general overview. You are advised to consult a lawyer to address your specific situation. Feel free to send comments or questions to: steve@aa-legal.com of Apolinsky & Associates, LLC.
Image credit: Lisa Marie Cannon
