If you or your loved one suffered from a traumatic brain injury (TBI) caused by another’s negligence, you might benefit from the advice and counsel of a local Forsyth County traumatic brain injury lawyer. An experienced injury lawyer could save you from the chaos and confusion of pursuing legal action on your own. They could provide knowledge, strategy, and direction for your claim.
Pursuing a TBI Claim
Traumatic brain injury victims in Forsyth County who were injured as a result of someone else’s negligence. Negligence occurs when someone unintentionally causes harm to another. In order to successfully bring a claim for negligence, the plaintiff must show that the defendant owed a duty of care, they breached their duty, and that the breach caused the plaintiff’s harm.
Duty of Care
Generally, people owe a duty to act with reasonable care to prevent unreasonable risk of injury to others that might be foreseeably harmed from their conduct. These duties may vary depending on the relationship and position of the plaintiff to the defendant.
Breach of Duty
A defendant breaches their duty when they fail to act with reasonable care under the circumstances. The failure to meet the applicable standard of care may be as a result of an act or an omission.
Causation & Harm
The defendant’s breach must be the proximate and actual cause of the plaintiff’s injuries. In other words, but for the defendant’s conduct, the plaintiff would not have suffered an injury.
Pursuing Damages for Traumatic Brain Injuries in Forsyth County
Those who suffered from a traumatic brain injury in Forsyth County that is seeking legal recovery must file their case before the two-year deadline. The statute of limitations starts to run from the date of the injury. Failure to file on time would result in losing the right to bring a lawsuit.
Plaintiffs may be able to recover multiple types of damages. Noneconomic damages compensate injured parties for the emotional suffering they endured and may continue to endure in the future. Loss of enjoyment of life and pain and suffering are both examples of noneconomic damages. Economic damages may also be sought, which cover monetary losses such as past and future medical bills and lost wages.
Georgia Code §51-12-33 states that a plaintiff that is more than 49 percent at fault for causing their injuries is barred from recovering any damages. Also known as the 50 percent bar rule, plaintiffs are still able to recover if they are less than 50 percent responsible for the accident, but their recovery is reduced by their percentage of fault. An attorney can further explain what damages may be available under the specific circumstances.
How a Forsyth County Traumatic Brain Injury Attorney Could Help
If you are pursuing your case by yourself you might be up against insurance companies, large corporations, and defense law firms. With a Forsyth County traumatic brain injury lawyer, you would have a seasoned ally at your side. They could review your circumstances and help you develop a plan to fight for your legal recovery. To learn more about your options, call now.