Brain injuries are very serious. If you or a loved one in Macon have a traumatic brain injury (TBI) from an accident you didn’t cause, you have rights. Our Macon traumatic brain injury lawyers are here to help.
Get the power of the “Strong Arm” with a simple phone call or form submission. Contact us today for a free consultation to learn your rights. We have 20-plus years of experience and do not collect a fee unless we win your case. Call (404) 400-4000 or contact us online for a free consultation to get started today.
How to Prove Fault for a Traumatic Brain Injury
Your claim must also prove the other party’s fault. If you were injured in a car accident, you’ll need to gather evidence from that accident.
Important evidence includes:
- Witness statements
- Pictures from the scene
- Medical records
- Traffic camera footage
A lawyer can help obtain crucial information, such as black box data from a commercial vehicle or a driver’s cell phone records. The right evidence will depend on the details of your accident.
The best way to prove fault is by working with a trusted lawyer. An attorney who has worked on traumatic brain injury cases is ideal. They’ll know how to build a factual claim and advise you the entire way.
Costs of a Traumatic Brain Injury
A brain injury affects your life in more than a few ways. For one, treatment is very expensive. According to the Centers for Disease Control and Prevention (CDC), a traumatic brain injury’s lifetime cost is around $76.5 billion.
Brain injuries often require intense treatments, such as hospitalization. Expenses include direct and indirect medical costs. A TBI also takes a big toll on someone’s home, family, and work life.
Victims should consider all of the costs when bringing an injury claim. If another party caused the accident, that party is responsible.
Common costs include:
Economic Damages
When building a compensation claim, it’s important to consider all damages. Damages are the losses you experience because of your accident.
Economic damages are also known as special damages under Georgia law. According to the Official Code of Georgia Annotated (OCGA) §51-12-2, special damages directly result from someone’s carelessness. You must also prove these damages to recover them.
Special damages include:
- Doctor bills
- Hospital bills
- Prescription drug costs
- Physical therapy or rehabilitation
- Psychological counseling
- Lost wages
- Property damage
Medical bills make up the most substantial part of a TBI claim. However, don’t forget about the other costs of your accident. You might have severe vehicle damage that needs repairs.
A brain injury also affects your ability to work. Victims often have to stop working or earn a lot less. Your claim should outline each of these losses.
Non-Economic Damages
General, also known as economic, damages are about the impact on your life. Unfortunately, brain injuries take a toll on many aspects of your life.
Non-economic damages do not require proof to recover. The law assumes that these damages flow from your accident.
These losses include:
- Pain and suffering
- Loss of enjoyment of life
- Emotional distress
- Disability
- Anxiety or depression
The brain is a complex organ. When it sustains damages, the results can be unpredictable. Every person is different, so non-economic damages can vary widely.
Speak openly and honestly with your doctor and lawyer. Your lawyer will need to value your non-economic damages as accurately as possible. The at-fault party should pay for what their negligence has taken from you.
Wrongful Death Damages
Tragically, TBI injuries lead to death for many people. A brain injury can impact someone’s life in many different ways. As the brain suffers, a patient can die—even years after their accident.
According to the CDC, 50% of those with TBI will have daily cognitive decline or die within five years of the injury.
If a family member was killed because of a brain injury, contact a lawyer. You could have a wrongful death case. Certain loved ones can bring a wrongful death claim for damages like:
- Medical costs
- Lost income
- Pain and suffering
- Funeral and burial costs
- Loss of companionship or consortium
Our team at John Foy & Associates can evaluate your total damages after an accident. If you lost a loved one, we can determine if you qualify for compensation. Wrongful death claims can really help surviving family members after a tragic brain injury.
Call us at (404) 400-4000 or contact us online for a free consultation today.
Macon Traumatic Brain Injury Lawyer Near Me 404-400-4000
Knowing When a Settlement Offer Is Fair
If someone else caused your injuries, they are legally liable for the damages. However, the burden is on the victim to bring a legal case.
When you file a case, the insurance company might send a quick settlement offer. Beware of this. The first offer is almost certainly a lowball amount.
You will want to know how a fair settlement looks. Fair compensation should:
- Cover all of your accident-related damages
- Hold the at-fault party fully responsible
- Happen once you know all of your losses
Before accepting any money, contact an experienced lawyer. A lawyer can examine your accident and your brain injury costs. They’ll help you understand what type of settlement you should expect.
Most accident claims settle without having to go to court. You and the insurance company might reach a settlement that works for both sides. However, complicated cases can be the exception.
Negotiation vs. Trial
TBIs are severe injuries. They often come with massive damages for the victim. Since insurance companies are for-profit companies, the insurer might refuse to pay for everything.
Insurance policies also have limits. If your damages are in the millions or billions, you might need to sue for the compensation you deserve.
Our team can determine the best course of action for you. If you decide to take your case to court, we’ll be there for each step. Our lawyers will fight for your rights at every stage.
Discuss Your Case with a Macon Traumatic Brain Injury Lawyer for Free
Learn your best legal options during a free, no-risk consultation. At John Foy & Associates, there is no fee unless we win your case. Call (404) 400-4000 or contact us online for a free consultation.
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