Traumatic brain injuries (TBIs) are catastrophic injuries that patients will have to endure for the rest of their lives. It is highly unlikely for a patient with a TBI to recover from that type of serious injury. If a person has experienced a TBI due to another person’s negligence, the victim and their loved ones have the right to seek compensation.
A Marietta personal injury lawyer from John Foy & Associates will protect your right to compensation.
Proving Negligence in a TBI Case
The presence of a TBI is not enough to prove that the defendant’s negligence caused the TBI. In order to prove that a particular party was responsible for causing your TBI, certain factors must be shown in a court of law. Seeking the legal counsel of an experienced attorney will help meet these factors.
A Marietta traumatic brain injury lawyer is experienced in fighting for the just compensation of TBI victims. We help you make the right steps in filing your claim and obtaining the compensation you deserve.
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When Should You Hire a Traumatic Brain Injury Lawyer in Marietta?
Coping with a traumatic brain injury can require so many resources from you. While returning to some sense of normal, you may not know the true value of your claim. Call John Foy & Associates for a free consultation if you are not sure about the compensation of your lawsuit.
You have the right to request the greatest amount of compensation from the party that caused it. Your traumatic brain injury will cause you to pay significant medical expenses, retire early from your occupation, and experience a large amount of emotional anguish.
We take these cases seriously and make sure that you receive compensation for every damage caused by your injury. Our no-nonsense approach to achieving the results our clients deserve is why we are known as “The Strong Arm” in Georgia.
How a Traumatic Brain Injury Attorney in Marietta Can Help You
A Marietta traumatic brain injury attorney can build a solid case on how your brain injury has affected every aspect of your life. Unlike many personal injury accident victims, the injuries that TBI patients have are not temporary. An experienced traumatic brain injury lawyer will collect indisputable evidence to prove how permanent your brain injury is.
Traumatic brain injury lawyers in Marietta are well-experienced in seeking the highest compensation for medical services. Current and future medical services are the greatest damages that TBI patients request in lawsuits. An attorney will build the strongest case possible to ensure that you receive accurate compensation for your injury.
Common Causes of TBI Accidents
A traumatic brain injury happens when a person experiences blunt force trauma. The severity of the blow to the head can cause victims to experience physical and cognitive symptoms forever.
Several accidents can cause a victim to experience a traumatic brain injury, including:
- Slip and fall accidents
- Motor vehicle accidents
- Sports-related accidents
- Workplace accidents
- Physical assault
- Being struck by an object
How Much Is a Traumatic Brain Injury Lawsuit Worth?
Several factors will determine how much your traumatic brain injury lawsuit is worth. Some of the factors that determine the compensation that you can pursue are:
- The severity of your injury. The more severe your injury, the more compensation you will be entitled to.
- The likelihood of recovery. The less likely you are to recover from your injuries, the more compensation you will be rewarded.
- The other party’s liability. It must be proven that the other party was directly responsible for your traumatic brain injury.
- Additional factors of your case. To determine your compensation, judges or jurors will consider other factors of your case, like your age or whether you can return to work.
Another factor that determines the amount of compensation you are awarded is the route of your lawsuit. There are two ways your lawsuit can end: through a settlement or a verdict.
How Much Compensation Is Awarded Through TBI Settlements?
A settlement is a mutual decision that both yourself and the other party reach to resolve the lawsuit. Both sides have to reach an agreement to avoid taking the lawsuit to trial. Because the settlements reached out of court are private, it is somewhat difficult to determine the average settlement for a traumatic brain injury lawsuit.
However, the average lawsuit awards TBI victims anywhere from $150,000 to $1 million. The other option to seek compensation is a bench or jury trial. This option is offered if neither party can reach a settlement and the injured party wants to proceed to trial.
Because you have a greater chance of seeking greater compensation from a jury trial, there are many benefits to proceeding to trial with your lawsuit. However, it is no guarantee that the jury members will side with you and agree with the compensation that you request. It is not even guaranteed that the lawsuit will be resolved quickly. It may take years to come to reach a verdict.
One of the benefits of a bench or jury trial is that TBI patients can pursue additional compensation that is not offered in a settlement. Judges and jurors may even be open to awarding TBI patients with greater verdicts if the correct factors are presented in your lawsuit.
Punitive damages are one of the forms of compensation that you can be awarded in a verdict. Punitive damages are the damages that the other party must pay if proven that the other party acted intentionally with malice. These damages are awarded to prevent other parties in the future from committing the same reckless acts.
Contact a Marietta Traumatic Brain Injury Lawyer at John Foy & Associates
Your traumatic brain injury will require you to rely on medical services for the rest of your life. When someone else’s negligence is responsible for your brain injury, you are entitled to consult with an attorney. The Marietta traumatic brain injury lawyers at John Foy & Associates have the compassion, skills, and tenacity to fight for the compensation that you deserve.
Call our office today to schedule a consultation.