Sustaining a traumatic brain injury from another person or entity’s negligence puts your life on hold. Such injuries take weeks, if not months, to recover from and can have lasting consequences. As challenging as the recovery process can be, contacting an experienced catastrophic injury attorney from Barrios Virgüez is strongly recommended.
A legal professional with experience in this personal injury claim helps you build a strong case that hopefully results in significant compensation. An Augusta brain injury lawyer can help alleviate a lot of the stress associated with such an injury. Call us today to schedule a free consultation.
The Causes of Traumatic Brain Injuries
A traumatic brain injury occurs because of external force, not an acute illness or chronic disease. After seeking medical care for your injuries, you should talk to a brain injury lawyer in Augusta. There are many causes for such personal injuries, including:
- Vehicular accidents, including commercial truck and bus accidents
- Slip-and-fall injuries
- Suffocation
- Near drowning
- Industrial accidents
- Work accidents
- Recreational accidents
- Premises liability accidents
- Medical malpractice
- Bicycle accidents
- Intentional violence
- Falling objects
Traumatic brain injury symptoms vary by individual but typically entail dizziness, temporary loss of consciousness, confusion, disorientation, and neurological changes. It is also possible to have problems recalling the events before or after the injury. Talk to our brain injury attorney today about your case.
Symptoms of a Traumatic Brain Injury
Victims of brain injuries can suffer many different symptoms. Every injury is different, which is why you should seek medical care immediately. If the injury includes a concussion or when the brain moves within the skull, symptoms can include:
- Nausea and vomiting
- Sluggishness
- Severe headaches
- Irritability and moodiness
- Personality changes
- Depression and anxiety
- Light or sound sensitivity
- Tinnitus, or ringing in the ears
- Appetite changes
- Problems understanding other people
It is possible to experience a traumatic brain injury even if the individual did not lose consciousness or was not directly hit on the head. For example, a jolt to the head from a rear-end car accident can cause a traumatic brain injury in addition to other injuries, such as whiplash and fractured bones. Consulting an Augusta brain injury attorney can help victims understand their legal options and pursue compensation for their injuries. Numerous different types of traumatic brain injuries include a hematoma, where a mass of blood or swelling occurs within the brain.
All About Hematomas
Hematomas can also occur between the brain and the skull. Other brain injuries include skull fractures and lacerations, where the blood vessels in the brain or the brain tissue are torn.
Nerve damage to the brain is known as a diffuse axonal injury, while a coup-contrecoup is where the brain sustains damage on both side,s and auto accidents are common causes of these injuries.
Types of Accidents that Cause Traumatic Brain Injuries
Many different types of accidents have the potential to cause traumatic brain injuries. However, our legal team sees brain damage and head injuries more often in certain types of accidents. They include motor vehicle accidents, premises liability cases, work accidents, and many more.
Motor Vehicle Accidents
Collisions involving motor vehicles are arguably the number one cause of catastrophic brain injuries. Our Augusta brain injury attorney can help you navigate the legal process after suffering an injury. Not only do motor vehicle crashes involve cars, but they can also include commercial trucks, motorcycles, bicycles, pedestrians, e-scooters, and rideshare services like Uber and Lyft.
When these types of accidents occur, you may have grounds for a claim against the driver who hit you. You might also have a claim against auto parts designers and manufacturers using faulty or defective parts and government agencies responsible for maintaining road integrity. You will only know by speaking with an experienced attorney. Barrios Virgüez has the following types of attorneys who can assist with these types of cases:
Premises Liabilities
Premises liability accidents are another type of case we see frequently, causing traumatic brain injuries. Premises liability accidents include any incident that occurs on someone else’s property. Some examples could include:
Although the property owner is generally responsible in cases like these due to their failure to maintain the safety of the premises, equipment, and product, manufacturers are also frequently held accountable for traumatic brain injuries in premises liability claims. A brain injury lawyer from our firm can help you determine which party can be held responsible for your injury. Schedule a free consultation today.
Accidents at Work
Work-related accidents are some of the most devastating types of incidents. Traumatic brain damage is typical in construction, manufacturing, and factory work. Fortunately, in addition to filing a claim for workers’ compensation benefits, you may also be able to file a claim with the liable party’s insurance company or pursue a personal injury lawsuit against those responsible for causing your on-the-job injuries.
Bicycle Accidents
Bicycle accidents are some of the most horrific in Augusta, GA. Even if the victim was wearing a helmet, they can still suffer a traumatic brain injury. It all depends on the severity of the impact, how far the victim was thrown from the bike, and how they landed on the ground.
Establishing Blame in a Brain Injury Case
To prove negligence in this type of personal injury claim, a brain injury lawyer in Augusta, GA, at Barrios Virgüez must show that the defendant owed the plaintiff duty of care or take steps to ensure the relative safety of others. For example, say water spills on a grocery store floor, and no “Wet Floor” signs are placed around the spill until it is cleaned up. A customer does not notice the water and slips and falls, resulting in a traumatic brain injury.
The owner or manager failed to provide the customer with the duty of care, and the store is liable because the injury directly resulted from this breach of care. Establishing blame in a brain injury case also requires showing damages. A lawyer can help determine blame.
In the grocery store example, the Augusta brain injury attorney must show that the plaintiff suffered traumatic brain injury symptoms and was treated for them at a nearby medical center. They can also show that the injuries resulted in time away from work and lost wages. Medical records and work logs provide evidence that supports the damage claim.
Damages a Plaintiff Can Collect from a Brain Injury Claim
Economic damages cover monetary losses relating to the plaintiff’s injuries. They typically include emergency medical care, ongoing medical care such as physical or occupational therapy, and lost wages. These expenses are included if the individual is currently paying for trauma counseling or can no longer hold a job because of their injuries. Consulting our brain injury lawyers in Augusta can help ensure all economic damages are properly documented and pursued.
Non-economic damages refer to the mental and emotional components of the recovery process and usually include pain and suffering, emotional distress, and mental anguish. Loss of life enjoyment is another non-economic damage brain injury victims cite if they experience ongoing neurological difficulties. You can recover compensation for the following types of damages:
Punitive Damages
Punitive damages are requested in the event of extreme wrongdoing and malice on the defendant’s part. They are not common in brain injury cases since most are based on general negligence. For punitive damages to apply, the defendant must have purposefully tried to harm the plaintiff.
Wrongful Death Claims
Sadly, fatalities can also occur from traumatic brain injuries. If the plaintiff’s untimely passing, their surviving loved ones can file a wrongful death claim against the appropriate party or parties with help from a wrongful death lawyer at Barrios Virgüez. Damages in wrongful death claims usually include emergency medical care, funeral or memorial service expenses, loss of income, burial or cremation expenses, pain and suffering, loss of companionship, mental anguish, and emotional distress.
The Statute of Limitations for Brain Injuries in Georgia
According to Georgia Code § 9-3-33, a plaintiff with a brain injury or other negligence-related injury has two years from the date of the accident to file. Filing after the two-year deadline typically results in a case dismissal from the court and no compensation. However, there are exceptions.
If the defendant leaves Georgia before the plaintiff has filed the claim, this “leave of absence” does not count towards the two-year filing period. The “clock” starts when the defendant returns to the state and is served with legal papers. Do not let the clock run out on your chance to recover compensation.
Other exceptions include when the plaintiff is a minor and therefore under 18 years old or “legally incompetent” at the time of the accident due to mental illness or an intellectual disability. Once the plaintiff turns 18 or recovers from their mental issue, the statute of limitations on the claim begins. Talk to our team today to schedule a free consultation about your case.
Why You Need a Brain Injury Attorney
Every personal injury case is different, which is why you should always consult with an Augusta TBI attorney when you or a loved one is injured in an accident. You do not know the ins and outs of the law or what the court expects to see when evidence is presented. You should work with an attorney for the following reasons:
Experience With the Law
An attorney has valuable experience with the law and how it has changed over the years. An attorney also knows how to interact with a judge and handle defense attorneys. Talk to our firm today about your case.
Access to Expert Witnesses
Your case might not need the testimony of an expert witness, but if it does, it is nice to know that your attorney has access to these witnesses in various industries. An expert witness can make all the difference in your case’s succeeding. A personal injury attorney can make it easier to secure an expert witness to help with your case.
Handle All Communications
There will be insurance adjusters and attorneys calling you constantly, trying to get you to drop your claim or settle for a small amount. A brain injury lawyer will handle all communications on your behalf so you do not have to worry about responding to emails and calls. Let our team handle your case today.
Speak With an Augusta Brain Injury Attorney Today
If you need to consult a brain injury attorney in Augusta, GA, now is the time. A lawyer from the offices of Barrios Virgüez will hear your case and determine how best to move forward. They provide counsel throughout the case and represent you as necessary to hopefully result in significant compensation.
Call our office or submit our contact form today to schedule your free initial consultation with an Augusta brain injury lawyer. We will collect the proper evidence to help us build a strong case on your behalf. We do not get paid unless you win the case.
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