The aftermath of a traumatic brain injury is tremendous. Victims are often left unable to continue their lives as before and must adjust to life-altering changes. When someone else’s actions are to blame for what happened, you need a Hampton traumatic brain injury lawyer from John Foy & Associates.
Known as the Strong Arm across Georgia, our attorneys have secured over $1 billion in settlements and jury awards for people like you. Traumatic brain injuries can require lengthy therapy and rehabilitation, leading to substantial medical bills. John Foy & Associates stands ready to help you obtain the maximum compensation you deserve.
What is a Traumatic Brain Injury?
A traumatic brain injury (TBI) can occur when there is violent contact with the head. This could involve falling, being struck by a heavy object, or suffering a car crash. Closed head injuries result from the brain hitting the skull due to sudden force, while other TBIs are caused by a bullet or other foreign body entering the brain.
TBIs involve serious damage such as torn brain tissue, bruising, or bleeding. These injuries must be closely monitored by physicians who look for symptoms and effects such as:
- Mood changes
- Personality fluctuations
- Trouble with long-term or short-term memory
- Diminished vision or hearing
- Language issues, such as difficulty finding or saying words
- Decreased ability to understand written or verbal communication
- Altered motor skills, such as an inability to hold objects or walk
The first few days and weeks after a TBI are when issues usually get better or become more significant medical conditions. Because a victim can lose physical, cognitive, and emotional function from a traumatic brain injury, they may need help to get care from the right specialists. They and their families also need assistance from a qualified traumatic brain injury lawyer in Hampton to pursue compensation from the person who is to blame.
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How Much Are You Owed for a Traumatic Brain Injury?
To successfully secure reimbursement for a TBI, the first step is showing that the other person was negligent and caused your injury. This can be very complicated and requires that you meet specific legal criteria. The best course of action is to hire an experienced attorney who can demonstrate the four elements of negligence:
- The person owed you a duty of care
- They breached or failed that duty of care
- You suffered a traumatic brain injury as a result of their failure
- You incurred damages as a result of the injury
Since each case is unique, it is difficult to give a specific amount that your claim could be worth. However, a Hampton traumatic brain injury attorney from John Foy & Associates has the experience and background to help you understand the types of expenses you may face going forward. Our team is ready to calculate all the reimbursement available to you.
Types of Damages in a Traumatic Brain Injury Claim
A traumatic brain injury is a form of catastrophic injury, which involves the brain, spinal cord, spine, or amputation. If you or a loved one suffers a TBI that leads to death, the survivors can file to recover all the medical expenses incurred before the fatality, as well as funeral and burial expenses.
It is crucial to account for every cost that results from your TBI. Besides the economic losses, such as medical bills and therapy costs, you should seek compensation for non-economic damages, such as your pain and suffering. Our lawyers work with medical experts to understand your prognosis and predict how much you will need to claim for a secure future. Damages can include:
- Travel costs for treatment or surgery
- Lost wages when you cannot work
- Loss of earning potential if you are significantly disabled
- Emotional or mood disorders, such as anxiety or depression
- Medical or mobility assistive devices
- Loss of society or companionship
- Long-term care at home or in a facility
Your list of expenses will form the basis of your insurance claim against the person who hurt you. Insurance companies are not fond of paying out settlements and will try to get you to accept an offer that may not be enough for your future expenses. This is where it is best to let your lawyer negotiate, using techniques to aggressively push back and get a sufficient settlement.
When Your Traumatic Brain Injury Claim Goes to Court
In most cases, your lawyer will reach a satisfactory agreement with the insurance company, and you will receive your settlement. When that does not happen, you may file a lawsuit to seek damages. While an insurance payment provides money more quickly, a trial can result in higher compensation.
Jury trials are more time-consuming and expensive, but John Foy & Associates work on a contingency fee system: if we do not win for you, you pay nothing to us. This means you can rest easy knowing our lawyers will work hard to prove negligence and procure the maximum jury award for you. There is a lot of money to be won since a TBI affects you and your family, potentially for the rest of your life.
In some cases, the judge may elect to award punitive damages when the defendant’s actions are especially egregious. This award is meant to be very harsh to those responsible and serves as a warning to other people or companies.
Factors Affecting TBI Compensation
TBIs can affect each person differently, so you must thoroughly demonstrate the validity of your compensation claim. You and your lawyer must collect evidence and information to prove the characteristics of your injury, such as:
- How severe your injuries are: If your injury permanently affects your mental or physical function, you are eligible for a much higher settlement.
- How long you will need care: Some damage results in the need for constant care and treatment, which must be compensated.
- Who is liable for your injury: Strong evidence is needed to conclusively prove negligence to ensure you are not left paying for your medical bills.
- Whether you can work: Victims can be left unable to do their regular jobs or any work at all, leaving them with no means of support.
If the victim is young, such as a teenager or a child who suffers a birth injury, the lifelong care costs will be dramatically higher. If your job is mentally demanding, such as engineering, you deserve compensation to replace lifetime earnings you will no longer receive. The same holds true if you can work but in a much lower-paying job than before.
Hire a Traumatic Brain Injury Attorney in Hampton Today
Facing the long road of medical recovery after a TBI can be overwhelming for you and your family. When you need to focus on healing, you can turn to a Hampton traumatic brain injury lawyer from John Foy & Associates to take on the job of seeking justice from those responsible for your losses. We fight hard against insurers and defendants who try to give you less than what you deserve.
We stand ready to listen to your story and build a solid claim for you. Contact us using our convenient online form to schedule a free consultation today.