Can You Sue the Other Driver for Your Traumatic Brain Injury?

a personal injury lawyer will help you recover damages for TBI

If you’ve suffered a traumatic brain injury in a car crash, you may be entitled to significant damages. Your Norcross car accident lawyer will fight to get you as much money as possible. It will all depend on how serious your brain injury actually is.

Your Norcross Car Accident Lawyer Will Have to Prove Fault First

Before you can think about damages, your Norcross accident attorney needs to prove fault. You won’t be entitled to any damages if you can’t prove that the defendant was negligent.

It’s also important to remember that the defendant is going to claim that you caused the crash. Your lawyer will need to gather all the evidence they can find to determine who was at fault.

You Must Demonstrate That the Defendant Was Negligent

In order to demonstrate that the defendant was negligent, your Norcross car accident lawyer will need to show the following four things:

  • The defendant owed you a duty of care
  • They breached their duty
  • You were injured
  • Your injuries were caused by the defendant’s breach of duty

It’s not enough that you were involved in an accident. Your lawyer will need to show that you suffered an actual injury.

The Defendant Will Argue That You Were Partially at Fault

Even if your Norcross accident attorney proves fault, the defendant will still claim you caused the crash. Their lawyer will argue that you did something to contribute to the accident.

The good news is that Georgia law allows you to collect damages even if you were partially at fault. However, your damages will be reduced by your percentage of fault. Therefore, if you were 20% at fault and you sued the defendant for $100,000, your damages will decrease to $80,000.

Your Norcross Accident Attorney Will Also Have to Prove Your Damages

The reason you hire a Norcross car accident lawyer is so that you can be compensated for your injuries. In most car accident cases, your attorney will demand some or all of the following:

  • Medical bills and future medical bills
  • Lost wages
  • Lost future income
  • Property damage
  • Pain and suffering

If you suffer a brain injury, there’s a good chance you’ll be entitled to all of these. You will undoubtedly miss time from work. You may not be able to work for quite some time.

Your Damages Will Depend on the Nature and Extent of Your Injuries

Before your Norcross accident attorney knows how much to demand on your behalf, they need to talk to your doctor. They will need to review your medical records and find out just how bad your brain injury is.

When it comes time to put a dollar value on your damages, your attorney may hire an expert witness. They can help determine what future medical care you’ll need. They can also help determine how much this future care will cost.

If You Suffer a Traumatic Brain Injury You May Need Extensive Medical Treatment

Depending on the extent of your traumatic brain injury, you may need extensive medical treatment. For example, you may need to have surgery within hours of your accident. You may need to stay in the hospital for days or even weeks.

There’s a good chance your medical bills will reach hundreds of thousands of dollars. Your Norcross accident attorney will be working hard to make sure your medical care is covered. The costs of your medical care will depend on how serious your brain injury really is.

traumatic brain injury often results in reduced quality of life

Some Brain Injuries Are a Lot More Serious Than Others

When you first go to the emergency room, the doctors there will run a series of diagnostic tests. They will need to determine whether you’ve suffered a brain injury. Some of these tests include:

  • MRI
  • CT Scan
  • Neurological Examination
  • Physical Examination
  • X-Rays

Depending on what they find, you may be diagnosed with a brain injury. This could include anything from a mild concussion to a traumatic brain injury. Your diagnosis will determine how much medical care you will need going forward.

Your Future Medical Treatment Will Depend on the Severity of Your Brain Injury

If you’re involved in a car accident, you could sustain a severe blow to your head. This could be something mild, where your head bangs into the steering wheel a bit too hard. Or it could be much worse.

If you suffer a puncture to your brain, your injury will be much more serious. The same is true if the doctors find a brain bleed. It will depend on the results of your tests.

You Should Reach Out to One of Our Norcross Car Accident Lawyers

We suggest that you call our office as soon as possible after your car accident. You are going to need a lot of medical care if you suffer a traumatic brain injury. You should have a Norcross accident attorney by your side.

Your attorney is going to fight to get you as much money as possible. They will also deal with the insurance company so you don’t have to. It’s more important that you focus on getting the medical care that you need right now.

You Need to Focus on Your Recovery

People who suffer brain injuries during car accidents typically need a lot of care. You may need surgery and long-term physical therapy. The last thing you’re going to want to do is to fight with insurance adjusters and do hours’ worth of paperwork.

When you hire a Norcross car accident lawyer, they will handle everything for you. They will also make sure that you receive the care that you deserve. You should not be responsible for medical bills when the accident wasn’t your fault.

We Offer All New Clients a Free, Initial Consultation

We understand that some people are cautious about hiring a Norcross personal injury attorney. They’re afraid it will cost too much. Or they don’t want to have to share their money with a lawyer. However, these cases are very complex.

Given the fact that you suffered a brain injury, you may not want to handle matters on your own. You will be at a serious disadvantage if you don’t hire a Norcross car accident lawyer. The defendant will have a team of lawyers working for them. You should too.

Contact us today for a free consultation. #WeinsteinWin!

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