An individual can file a Stockbridge traumatic brain injury (TBI) lawsuit following an accident. In this instance, the accident victim can pursue damages from anyone responsible for the injury. A court then reviews the victim’s claim and determines if it is valid.
The time it takes to a TBI case in front of a court can be extensive. It can be months or years before a case is presented in court. At this point, there is no guarantee an accident victim will win their TBI case.
At John Foy & Associates, we understand the challenges associated with TBI cases. We can connect you with a Stockbridge personal injury lawyer with many years of experience. This attorney can help you file your lawsuit and resolve your case as quickly and efficiently as possible.
It Is Crucial to File a TBI Lawsuit Right Away
Outcomes vary for those involved in accidents that cause traumatic brain injuries. In one study of people 16 and older dealing with a TBI over a five-year period, 30% of participants saw their brain injury get worse. Also, 22% of participants died.
After an accident that causes a TBI, immediate medical diagnosis and treatment is paramount. However, addressing TBI symptoms can be costly. If an accident victim cannot cover their medical expenses, this individual may be forced to forgo them altogether.
If an accident causes a TBI, immediately file a lawsuit against those responsible for the injury. The victim can work with their attorney to build a strong case. Plus, the victim can gather evidence leading up to their court date.
Get the strong arm
Evidence Is Key in a Traumatic Brain Injury Lawsuit
In the time before a TBI case goes to court, an attorney can help an accident victim prepare their evidence. There are many types of evidence that can be presented in court. As such, a traumatic brain injury lawyer in Stockbridge and their client must consider a variety of evidence so they can make it clear to the court why the victim deserves damages.
An accident victim should collect medical bills and other invoices relating to financial issues encountered due to their TBI. The victim can also retrieve medical reports that highlight the severity of their injury. It can be beneficial to document any communications with medical providers in the weeks and days before a court date as well.
Along with information about their current medical expenses, accident victims may want to highlight how their TBI will impact their budget going forward. For instance, a victim who can no longer work due to their injury may want to show the court copies of pay stubs from their prior employer. In addition, the victim may want to find expert witnesses who can discuss the injury and its potential impact on this individual.
A Traumatic Brain Injury Attorney in Stockbridge Will Review Settlement Options with Their Client
Before a Stockbridge traumatic brain injury case goes to court, an accident victim may be presented with a settlement offer. The victim is under no obligation to accept the proposal. By reviewing the offer with their attorney, the victim can determine how to proceed.
An at-fault party can present a settlement offer to an accident victim at any time before a traumatic brain injury case is presented in court. The victim’s attorney is required to keep their client up to date on any settlement proposals. When presented with a settlement offer, the lawyer can discuss it with the client and respond accordingly.
If an accident victim rejects a settlement offer, a TBI case moves forward in court. Or, the victim can counter the proposal. If the victim and at-fault party reach a settlement agreement, both parties can resolve the case before a court date.
Do Not Rush to Accept a TBI Settlement Offer
It can be tempting for an accident victim to accept a TBI settlement offer. But it is not always in the victim’s best interest to do so. A Stockbridge traumatic brain injury attorney can provide insights into the pros and cons of accepting an offer before an accident victim finalizes their decision.
An accident victim should consider the short- and long-term costs of a TBI. Research indicates in-hospital expenses after a severe TBI can range from $2,130 to $401,808. These expenses can escalate based on the medical care a victim receives for their injury.
If a TBI settlement offer falls short of an accident victim’s expectations, this individual should feel confident moving forward in court. At this point, the victim’s attorney will continue to do everything in their power to deliver the optimal case results. The attorney can also help the victim prepare for their court date.
What to Expect When a TBI Case Goes to Court
A court is responsible for hearing both sides in a traumatic brain injury case. The judge and jury will review evidence and testimony from an accident victim and at-fault party. Deliberations will get underway to determine if the victim will be awarded damages.
If a court determines an at-fault party is 100% responsible for an accident and TBI, the victim will be awarded the full amount of their requested damages. The court will order the at-fault party to pay these damages. Next, the victim will receive compensation for their TBI.
A comparative negligence statute applies in Georgia. A victim can be found to be partially responsible for an accident that causes their TBI. If this happens, the victim can be awarded damages that are reduced by their percentage of fault.
Partner with a Stockbridge Traumatic Brain Injury Attorney Who Can Help You Secure the Maximum Amount of Damages
Choose a Stockbridge traumatic brain injury lawyer that knows the ins and outs of personal injury law. This attorney has extensive experience in TBI cases. The lawyer can help an accident victim get fair compensation from an at-fault party.
John Foy & Associates has helped personal injury victims recover over $1 billion in damages to date. We can put you in contact with an experienced Stockbridge traumatic brain injury attorney. Once we do, you can get the legal help you need to win your TBI case.
We offer free consultations to those in search of legal help with TBI cases and other personal injury claims. Our team can respond to any of your legal concerns and questions. For more information or to request a consultation, contact us online or call us today.