Fort Oglethorpe Traumatic Brain Injury Lawyer
Traumatic brain injuries are among the most devastating injuries a person could endure. While many people associate traumatic brain injuries with comas or permanent disabilities, these injuries may also present themselves in a subtler manner.
If you or a loved one suffered a traumatic brain injury as the result of another’s negligence, you could pursue compensation with the help of a Fort Oglethorpe traumatic brain injury lawyer. Our persistent catastrophic injury attorneys could fight to establish that the defendant in a TBI case caused the injury due to negligence and seek fair compensation.
Determining Liability
Many brain injury lawsuits are based on negligence. A negligence claim requires the plaintiff to bring forward evidence to prove that the party he or she is suing is legally responsible for the injury.
The plaintiff must show evidence proving that the defendant:
- Owed the plaintiff a duty of care
- Failed to act with reasonable care
- That the plaintiff suffered injuries because of the defendant’s negligence
An action that results in foreseeable harm that could have been prevented is considered a negligent act. A TBI may be successful if the plaintiff proves causation between the negligent acts and his or her injuries. A Fort Oglethorpe traumatic brain injury lawyer could help an injured person prove the responsible party’s negligence caused the TBI.
Situations Causing Brain Injuries
Collisions caused by negligent drivers account for a large number of traumatic brain injury cases. When a person’s head strikes the steering wheel, windshield, or an airbag, the impact could result in a serious concussion. When a car is hit from behind, the sudden frontward movement of the car may cause the head to violently snap back.
Defective products may also cause a traumatic brain injury. Poorly designed ladders could lead to head injuries when consumers fall from a height. Improperly vented generators or fuel-burning appliances might produce a substantial amount of carbon monoxide that damage the brain.
If a brain injury occurred because the claimant used a product that was defective or dangerous, the claimant may be able to sue the companies involved in the distribution of that product with the help of a traumatic brain injury lawyer in Fort Oglethorpe.
Deadline to File a Claim
The statute of limitations sets a time limit for which an injured individual could file a lawsuit. Under the Official Code of Georgia Annotated § 9-3-33, the injured plaintiff has two years, starting from the date of the accident, to file a personal injury action. The statutory deadline may apply to almost all types of personal injury lawsuits, whether they are based on negligence or intentional tort.
If a lawsuit is not filed within the requisite period, the injured plaintiff may be barred from pursuing legal compensation for injuries. A person suffering from a traumatic brain injury may benefit from certain exceptions that allow more time during which to file suit. These are called “tolling provisions.”
Seriously injured individuals who seek medical treatment may have a guardian appointed for purposes of making personal decisions. The appointment of a guardian is considered a removal of the disability, thus ending the tolling provisions of any statute of limitations.
Talking to a Fort Oglethorpe Traumatic Brain Injury Attorney
The cost of medical treatment for a traumatic brain injury could be staggering. Coupled with lost wages and pain and suffering, a TBI may affect the financial security and lifestyle of an injured individual and his or her families.
If you have suffered a serious injury due to someone else’s negligence, you may be entitled to compensation. Our skilled Fort Oglethorpe traumatic brain injury lawyers could fight to pursue fair financial compensation and accountability from those who experience this type of life-changing misfortune. Call us today to learn more about your legal options.
