Every traumatic brain injury (TBI) is different. Not only that, the cause of a TBI can arise from many different areas of personal injury law. To make these types of cases even more difficult, both for the person suffering from one and in a legal sense, brain injuries can take a long time to present themselves. As a result, TBIs are often called “silent injuries.”
Traumatic brain injuries are always difficult to deal with but when they happen at the hands of someone else, they can be even harder to move on from. With the help of a seasoned attorney, filing a personal injury lawsuit could help recoup some of the financial burdens of an accident that was caused by someone else. And those wishing to file one should speak to an Alpharetta traumatic brain injury lawyer today.
Defining Traumatic Brain Injury
A traumatic brain injury is an injury that comes as a result from significant damage to the brain. This type of injury can cause a person to lose critical brain functions such as memory and vision loss, loss of communication, and even overall loss of mobility.
Traumatic brain injuries are most often caused by a sudden, violent blow to the head. Sometimes no one is at fault, such as in sports injuries. However, traumatic brain injuries often come because of someone else’s fault. For example, if a vehicle hits another and a passenger’s head was thrown into the dashboard or window, that event alone could cause a traumatic brain injury.
Proving an Injury in Alpharetta
When a traumatic brain injury is caused by the fault of someone else, the injured individual must prove that another person is liable for the accident. Proving this hinges on the legal theory of negligence and an Alpharetta traumatic brain injury lawyer could help.
Every person or entity owes the surrounding public a duty of care to not cause unnecessary or unreasonable harm. When this duty of care is breached, such as when someone texts and drives, they may be considered negligent when that negligence causes injury to another. When this is the case, the injured individual can usually file a personal injury lawsuit to get compensation for the injury.
Areas of Law in Traumatic Brain Injury Cases
One of the elements of traumatic brain injury cases that makes them so complicated is that they can involve many different areas of law. For example, if the merchandise was precariously stacked on a shelf in a store and that merchandise fell and hit someone on the head, that would involve premises liability law. The injured individual would have to prove that the store owner had a responsibility to keep them safe and yet failed to do so.
On the other hand, if a cyclist was wearing a defective bicycle helmet and fell off their bike, suffering a traumatic brain injury due to the faulty helmet, this would involve product liability law. The injured individual would have to prove that the manufacturer did not take the proper care to ensure their helmet was safe for the person to wear.
Because traumatic brain injuries can involve so many different areas of personal injury law, it is important for those injured to speak to an experienced Alpharetta traumatic brain injury attorney.
To make these cases even more complicated, traumatic brain injury cases can have a different statute of limitations. This is due to the fact that, in Alpharetta, most personal injury claims have a statute of limitations of two years in which a lawsuit can be filed. And that two-year time limit often starts on the date of the accident.
While this will likely be the case for injuries that are apparent right away, traumatic brain injuries can take a long time to be discovered. In these cases, the statute of limitations may be extended to two years from the date the injury was discovered or should have been discovered.
Consult an Alpharetta Traumatic Brain Injury Attorney Today
While some may choose to file a lawsuit on their own and represent themselves in court, this is not a wise decision when dealing with a traumatic brain injury. These are some of the most complicated lawsuits to file and prove in court. Therefore, you may have a much better chance of success if you speak to an attorney.
If you have suffered a traumatic brain injury, reach out to an Alpharetta traumatic brain injury lawyer. They could fight to get you the compensation you need and deserve. Call today for a free consultation.