Fighting for your right to compensation for your traumatic brain injury could be an uphill battle. Defense attorneys and insurance companies are experienced and pose a significant burden on those seeking recovery.
An Augusta traumatic brain injury lawyer could help. A dedicated catastrophic injury attorney could discuss your potential options for relief and advise you on how to move forward.
Not all injuries to the head result in trauma to the brain. If someone suffers a traumatic brain injury, they could show a variety of symptoms physically and psychologically. In addition to the severity of the injury to the brain, the duration of the injury is equally as important in assessing whether a TBI is considered mild or severe.
A mild traumatic brain injury occurs when someone suffers temporary impairment of their brain cells. Loss of consciousness anywhere between a few minutes and a few seconds could be indicative of mild traumatic brain injury. Dizziness, nausea, and vomiting after suffering a blow to the head are also indications of a mild TBI. Other symptoms injury might include persistent headaches, fatigue, speech problems, sleeplessness, blurred vision, concentration problems, mood changes, and sensitivity to sound or light.
A more severe traumatic brain injury is brought on by serious trauma to the brain, such as torn brain tissue, bruising, and bleeding. As opposed to mild cases where the loss of consciousness only lasts a few seconds or a few minutes, these injuries could involve loss of consciousness for several hours or more. Other common symptoms of severe traumatic brain injury might include the following:
The severity of a TBI impacts a victim’s potential physical and financial recovery. A TBI lawyer in Augusta could help ensure the compensation is adequate for the injuries a victim faces.
One factor that could limit a plaintiff’s recovery in a traumatic brain injury is the legal doctrine of comparative fault. Comparative fault allows a judge and jury to reduce or completely bar a plaintiff’s recovery if they contributed to the cause of the accident or injury.
Georgia follows the 50 percent bar rule, codified under Georgia Code §51-12-33. According to the rule, plaintiffs are precluded from receiving damages if they are found 50 percent or more at fault for causing their injuries. However, if a plaintiff is not found at fault, or is less than 50 percent responsible, they may recover damages.
The amount of damages recovered would be decreased by their determined percentage of fault. An Augusta TBI lawyer could help establish the defendant’s liability and refute allegations of shared fault.
Building a legal case is not easy work. The litigation process could be time-consuming, requiring difficult research, strategizing, and paperwork.
An Augusta traumatic brain injury lawyer could offer their legal knowledge and experience to help you receive the compensation you deserve. Schedule a consultation today.