Brain injuries can happen from accidents, assaults, or at birth. The shock, trauma, and pain can be overwhelming when a brain injury occurs. If the injury happened because of a person or company’s negligence, it is normal to feel anger and confusion.
Contacting a Duluth brain injury lawyer at Barrios Virgüez is strongly recommended, as the legal professional will guide you through the next steps and help you create a legal claim. You could be entitled to compensation for your injuries. Financial recovery cannot make up for what happened but it can provide security for you and your family.
Types of Traumatic Brain Injuries
There are numerous types of traumatic brain injuries, all of which occur because of some type of external impact. Some of the most common types of these injuries include:
- Concussion: A concussion occurs when the brain moves inside the skull due to an external force. Mild concussions can cause confusion that lasts about a day, moderate concussions can result in confusion for up to one week, and severe concussions can cause loss of consciousness for an entire day.
- Coup-Contrecoup: If a brain injury occurs on both sides of the organ, it is known as a coup-contrecoup and is most common in automobile accidents where the head is thrown to one side, injuring the brain. The force of the impact causes the brain to move swiftly to the opposite side of the skull, resulting in trauma on both sides.
- Skull Fracture: A forceful impact can cause the skull to fracture, as can a puncture wound that makes contact with this protective covering.
- Hematoma: Masses of blood or swelling within the brain cause hematoma injuries, as does swelling or blood masses between the brain and skull.
- Diffuse Axonal Injury: If the white matter linking nerve fibers within the brain becomes torn, the resulting nerve damage is known as a diffuse axonal injury.
- Contusion: If the brain swells significantly, it can press against the skull. Severe brain swelling can impede blood flow to the organ and therefore cut off its oxygen supply, resulting in brain cell damage or death.
- Laceration: Brain blood vessels can become torn from assorted impacts, as can brain tissue. Lacerations most commonly occur when the brain hits the skull ridges, causing these tears.
Traumatic brain injury symptoms can include nausea and vomiting, anxiety and depression, ear ringing (tinnitus), personality changes, irritability and moodiness, light and sound sensitivities, slurred speech, headaches, dizziness, seizures, and appetite changes.
For a free legal consultation with a brain injury lawyer serving Duluth, call 678-888-2222
The Causes of Brain Injuries
Many reasons for these injuries warrant representation by a brain injury attorney in Duluth. In addition to vehicular accidents, traumatic brain injuries can occur because of industrial accidents, such as falling heavy objects. Other reasons include slip and fall accidents, bicycle and motorcycle accidents, near-drowning accidents, medical malpractice, pedestrian accidents, sports, and recreational injuries, and intentional violence.
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How Negligence Is Proven in a Traumatic Brain Injury Case
For a brain injury lawyer in Duluth, GA, to prove negligence, they must show that the defendant owed the plaintiff duty of care and that care was breached. Brain injuries directly resulted from this breach, causing the plaintiff to seek damages.
For example, a pedestrian crosses a crosswalk and gets hit by a drunk driver. This driver owed the pedestrian duty of care by following the rules of the road and not driving while intoxicated. The pedestrian suffered a traumatic brain injury, among other physical harm, and since the pedestrian was following traffic laws and was not responsible for their injuries, they have the legal right to seek damages from the driver.
Modified Comparative Negligence
Georgia’s modified comparative negligence laws apply if the defendant in a traumatic brain injury case claims the plaintiff is somewhat responsible for their injuries.
For example, a warehouse employee sustained an injury from an unsecured falling object. The employee was operating a pallet jack at the time of the incident but was distracted by a notification on their phone. The worker’s carelessness resulted in the unsecured object falling and hitting them on the head.
Because the object was unstable, the warehouse is partially to blame for the accident. However, the employee’s carelessness played a role, and they are found to be 40% to blame for their injuries. The worker asked for $10,000 in compensation, though their blame percentage means they will receive $6,000. If the workers were found 51% or more at fault, they would not be entitled to injuries per the state’s modified comparative negligence laws.
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Damages a Brain Injury Victim Can Collect
A Duluth brain injury attorney can request numerous damages on behalf of their clients, including:
- Emergency medical care
- Ongoing medical care
- Lost wages
- Reduced earning ability
- Trauma counseling
- Mental anguish
- Pain and suffering
- Emotional distress
Some states place caps on how much personal injury plaintiffs can request in non-economic damages. Georgia does not have caps on personal injury claims, meaning plaintiffs can ask for what they believe is fair. Plaintiffs have two years from the date of their accidents to file claims according to the personal injury statute of limitations in Georgia.
There are exceptions for filing after the statute of limitations expires that will not result in case dismissals, such as the defendant leaving the state before getting served with legal papers. The statute of limitations subsequently starts when the defendant returns.
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Contact a Duluth Brain Injury Attorney Today
If you need to speak with a brain injury attorney in Duluth, GA, about your recent trauma, contact the law office of Barrios Virguez. This firm provides residents throughout Georgia with dedicated counsel and represents various personal injury cases. Call our office today to schedule a consultation or learn more about this firm and the claims they represent online.
You should not suffer because of someone else’s negligence or pay for the resulting medical costs. Take action now and learn what your options are. Use our contact form to schedule a consultation with a Duluth brain injury lawyer.
Call or text 678-888-2222 or complete a Free Case Evaluation form