Traumatic brain injuries (TBIs) are serious and expensive injuries that can be life-altering. According to the Centers for Disease Control (CDC), approximately 1.4 million traumatic brain injuries occur annually in the United States. The most common cause of these injuries are falls and motor vehicle accidents. Although these causes seem like accidents, they are often the result of another person or party’s negligence.
If your TBI was caused by a negligent party, a DeKalb County traumatic brain injury lawyer could help you seek justice. By working with a skilled catastrophic attorney, you may be able to recover fair and full compensation for your injuries.
When to File a TBI Case in DeKalb County
Each state sets a limit as to how long after sustaining a TBI someone could file a lawsuit to recover damages. This is known as the statute of limitations. As per Georgia Code § 9-3-33, the statute of limitations in DeKalb County is two years from the date of the accident.
Plaintiffs who wait past the statute of limitations to file their cases may find that the attorney for the defendant(s) in the case move to have the case removed from court on the basis of being time-barred. At this point, they may have lost their right to seek compensation for their injuries. Contacting a DeKalb County traumatic brain injury attorney as soon as possible after an accident could help plaintiffs avoid this costly mistake.
Proving Liability for Traumatic Brain Injuries
Perhaps the most vital part of a TBI claim is showing the jury exactly how the defendants are liable and why the plaintiff deserves to collect damages for their losses. This is because the burden of proof rests with the plaintiff, which means that, to win a case, the plaintiff must be able to convince the jury that:
- The defendant owed a duty of reasonable care to the plaintiff;
- The defendant breached their duty;
- The breach of duty caused the plaintiff to suffer injury; and
- The injury caused the plaintiff to incur damages.
Only if the plaintiff proves these elements beyond a preponderance of the credible evidence will they be able to collect compensation.
What is the Preponderance of the Evidence?
The preponderance of evidence is the standard of proof used in TBI cases. It means that the plaintiff must prove that it is more likely than not that the other party is responsible for the person’s injuries. A skilled lawyer could help you prove the preponderance of the evidence so that you can recover the damages you deserve.
Consult a DeKalb County Traumatic Brain Injury Attorney
Life-long repercussions can occur from even a mild traumatic brain injury (TBI). A serious injury may prevent a person from returning to work, enjoying the activities they once loved, or even maintaining relationships. Ongoing care can become quite expensive, especially in addition to the initial medical bills for a TBI.
If you are worried about how you will afford the care you or a loved one needs after suffering a TBI, contact a DeKalb County traumatic brain injury lawyer today. To learn more about how an attorney can help, call today to set up an initial consultation.