Ringgold Traumatic Brain Injury Lawyer

Major life changes often accompany a traumatic brain injury. In addition to the physical and mental implications caused by such an injury, traumatic brain injuries can carry a tremendous financial cost as well. Since a traumatic brain injury is an injury that leaves one unable to secure gainful employment a person’s livelihood may be permanently affected. If you or a loved one has suffered a TBI, you may need to contact a Ringgold traumatic brain injury lawyer today.

Since the effects of this injury are often unseen, a compassionate catastrophic injury attorney could help you present clear evidence of the extent of the injury to the defendant and his or her insurance company to pursue compensation for your losses. Schedule an appointment to discuss potential legal options that could be effective for your case.

Traumatic Brain Injury Effects

The effects of a traumatic brain injury can be far-reaching. Since the brain governs many diverse processes, even the slightest trauma can affect a range of functionality. Effects of this type of injury include, but are not limited to:

  • Speech issues
  • Physical impairment
  • Emotional detachment
  • Behavioral problems
  • Nausea or vomiting
  • Memory loss
  • Persistent headaches

Building a TBI Case

TBI cases typically break down into two types, each with its own set of rules and standards. The first type is for cases in which the injury occurred due to the intentional act of another party, such as a physical assault case, known as battery.

A battery case is proven by establishing three elements:

  • The intent to cause unwanted physical contact
  • Contact with the other party
  • Harm or injury

If the plaintiff can show evidence that the defendant meant to strike the plaintiff and that there is causation between the contact and the harm, the defendant may be held financially responsible for damages under intentional tort laws.

The second type of case stems from the unintentional, or negligent, act of another party. In a negligence case, the plaintiff must prove the defendant had a duty of care to protect the plaintiff, which was then breached by the defendant’s actions or failure to act, thus proximately causing the injury. Many negligence cases involve car accidents, premises liability incidents, or even events surrounding medical malpractice.

The duty of care is a standard of reasonableness and is based on what a prudent person would have done in the same or a similar situation. Whether this standard was met by the defendant may be decided by a judge or jury. The causation element can then be established by showing that the negligence directly caused the injury.

Seeking Damages in Ringgold

Once evidence to prove the elements of the case are gathered, it is important to define the damages being sought in a traumatic brain injury case. Damages are the financial restitution being requested by the plaintiff to compensate for the injury. Damages can take three forms: economic, non-economic, and punitive.

Economic recovery can be sought for things like lost wages or medical bills. Non-economic damages cover the loss of companionship, loss of enjoyment of life, pain, and suffering, and similar circumstances.

Punitive damages may be levied in extreme cases as punishment for egregious behavior. The maximum punitive damage award for a negligence case in Georgia is $250,000 but there may be exceptions for some cases based on intentional torts, such as a battery case.

Talking to a Ringgold Traumatic Brain Injury Attorney

If you or your loved one were hurt because of someone’s negligent or intentional actions, we recommend you contact a Ringgold traumatic brain injury lawyer. You may be eligible for financial compensation for various types of damages and we could help you aggressively pursue a fair outcome for your situation. Our team could take on all the details of preparing and strategizing your case so you can have peace of mind during this difficult time.

Ringgold Catastrophic Injury Lawyer