If you or a loved one are grappling with the aftermath of a traumatic brain injury in Stone Mountain, GA, know that our heart goes out to you. These are not just individual struggles but profound family challenges, encompassing both emotional and financial burdens. Kaine Law believes that those responsible for your suffering should be held accountable for the full extent of the damages they’ve caused you.
Our Stone Mountain personal injury lawyers will champion your cause on a contingency basis, which means our assistance comes with no upfront cost to you. We’re invested in your recovery, not just in outcomes. We encourage you to reach out for a free consultation. Let’s discuss how we can lighten your load and fight for the compensation you and your family need in this difficult time.
Determining the Cause and Liability in Your Stone Mountain Case
After your initial consultation, our traumatic brain injury lawyers in Stone Mountain will begin building your case with an investigation.
Negligence is Founded on Four Elements
In personal injury law, establishing negligence is crucial for a successful claim. Our investigation must prove these four elements were present:
- Duty of Care: The defendant must have owed a duty of care to you. This means there was a legal obligation to act in a certain way toward you to avoid causing harm.
- Breach of Duty: The defendant breached that duty by acting or failing to act in a certain way. This breach is compared against what a “reasonable person” would have done under similar circumstances.
- Causation: There must be a direct link between the defendant’s breach of duty and the harm you suffered. This means the injury would not have occurred if not for the defendant’s actions or inactions.
- Damages: You must have suffered actual harm or loss as a result of the breach. This can include physical injuries, financial losses, emotional distress, and more.
Understanding and proving these elements are essential for any negligence case, as they form the foundation of legal liability and the basis for awarding compensation to the injured party.
Investigating the Accident in Your Traumatic Brain Injury Claim
Traumatic brain injuries (TBIs) can occur from a wide range of incidents, each varying in severity but potentially leading to a significant, long-lasting impact on an individual’s health and quality of life. These injuries can affect anyone, from young children to the elderly, and investigating your accident helps us collect the evidence necessary to build your claim.
Here are some prevalent incidents leading to TBIs:
- Car accidents: High-impact collisions are a leading cause of TBIs, with victims often suffering from concussions or more severe brain injuries due to rapid deceleration or impact with hard surfaces inside the vehicle.
- Motorcycle accidents: Riders have less protection than car occupants, making them more vulnerable to TBIs when involved in collisions or when ejected from their bikes.
- Truck accidents: The sheer size and weight of trucks mean accidents involving these vehicles can lead to severe TBIs for those in smaller vehicles due to the significant force of impact during collisions.
- Pedestrian accidents: Pedestrians struck by vehicles can suffer TBIs, especially in collisions at crosswalks or along roadways where high speeds and lack of protection make head injuries more likely.
- Bicycle accidents: Cyclists, despite wearing helmets, can incur TBIs from impacts with vehicles, road hazards, or falls due to the high-risk nature of biking in traffic or on challenging terrain.
- Birth injuries: Newborns can suffer TBIs during childbirth, often due to physical trauma or oxygen deprivation.
- Slip and falls: Unsafe property conditions, such as wet floors, uneven surfaces, or poor lighting, can lead to falls that result in head injuries.
Our investigative team would collect a variety of evidence to build a strong case for your traumatic brain injury claim. This includes medical records documenting the diagnosis, treatment, and prognosis of your injury. These records will demonstrate the severity and impact of your TBI.
Witness statements from the accident scene can offer valuable insights into how the injury occurred, while expert testimonies, such as those from medical professionals or accident reconstruction analysts, can further support the claim by elucidating the cause of the injury and its long-term effects.
Additionally, photographic or video evidence from the accident scene can visually demonstrate the circumstances leading to the injury, and financial records can substantiate claims for lost wages and medical expenses, providing a comprehensive view of the injury’s impact on the victim’s life.
Contact our Stone Mountain traumatic brain injury lawyers today for more information and a free case review.
For a free legal consultation with a traumatic brain injury lawyer serving Stone Mountain, call 404-214-2001
Determining the Compensation in Your Stone Mountain Case
In addition to proving negligence, our investigation will also establish the full extent of your losses as a result of the accident. The law provides avenues for you to pursue compensation for your medical and financial burdens.
The types of compensation available can be broadly categorized into economic and non-economic damages:
Economic Traumatic Brain Injury Damages
These damages cover tangible, out-of-pocket costs associated with the injury. They can include medical expenses for emergency treatment, hospital stays, rehabilitation, and ongoing care needs. Compensation can also cover lost wages if the injury prevents you from working, as well as future lost earnings if you are unable to return to work or must take a lower-paying job due to your injuries.
Non-Economic Traumatic Brain Injury Damages
These damages are intended to compensate for the intangible losses that don’t have a specific dollar amount. Pain and suffering, emotional distress, loss of enjoyment of life, and loss of consortium or companionship are common types of non-economic damages. These acknowledge the profound impact a TBI can have on your quality of life and relationships.
Each traumatic brain injury case is unique, and the compensation pursued will reflect the specific circumstances and impacts you experienced. Our Stone Mountain traumatic brain injury lawyers can help you with your claim and the legal process.
Stone Mountain Traumatic Brain Injury Lawyer Near Me 404-214-2001
Call Today for Help With Your Stone Mountain Injury Claim
We can help you get started on your recovery today, but don’t wait too long. The statute of limitations for personal injury, O.C.G.A. § 9-3-33, gives accident victims two years to take legal action. If that deadline expires, you may not be able to collect compensation.
Call Kaine Law to learn more about your traumatic brain injury in Stone Mountain today.
Call or text 404-214-2001 or complete a Free Case Evaluation form
