When a person suffers a brain injury, whether it is a mild concussion or severe brain trauma, the consequences can be very serious. A traumatic brain injury, or TBI, is one of the most serious injuries a person can suffer from, and many have long-lasting impacts.
Every year, millions of people suffer brain injuries as a result of sudden impacts or other types of blows to the head. According to the Centers for Disease Control and Prevention (CDC), traumatic brain injuries contribute to about 30 percent of all injury deaths, and 153 people die every day from injuries that include TBI.
If you or someone you love suffered a traumatic brain injury, do not hesitate to reach out to a Fulton County traumatic brain injury lawyer for assistance. A compassionate catastrophic injury attorney who has specialized expertise in this area of civil law could help analyze the facts of your case and pursue compensation on your behalf.
How Does One Prove Negligence in Fulton County?
In order to recover monetary compensation after a traumatic brain injury in Fulton County, the injured party must prove that the defendant—the person who allegedly caused that party’s injury—acted negligently. In a negligence case, the burden of proof is on the injured party, which means the injured party must prove that the four elements of a negligence claim apply to their case.
Duty of Care
First, the injured party must prove that the defendant owed them a duty of care. In general, every person owes any foreseeable plaintiff a reasonable care to avoid harming others around them. Once this is established, the injured party must then prove that the defendant failed to live up to that standard, often by showing that a reasonable person under the same circumstances would not have acted as the defendant did.
Causation and Damages
Also, the injured party must prove that their injury was a foreseeable result of the defendant’s negligence. This is known as proximate causation. Finally, the injured party must prove that they suffered damages as a result of the defendant’s negligence. Damages usually center around a physical injury, but they could also include emotional and financial injuries. A traumatic brain injury attorney in Fulton County could help the injured individual by working tirelessly to prove negligence.
What is the Modified Comparative Fault Rule?
In Fulton County, negligence by an injured party in causing or contributing to their own injury does not bar recovery. However, the state of Georgia has codified a comparative negligence rule under Official Code of Georgia §51-11-7.
This rule states that the amount of damages an injured party may recover can be decreased in proportion to the amount they were also negligent. In practice, this means that if a court finds that the plaintiff in a traumatic brain injury case was 30 percent liable for their own injury, the amount of damages they were entitled to would decrease by 30 percent. To learn more about comparative fault, contact a seasoned Fulton County traumatic brain injury lawyer.
Consulting a Fulton County Traumatic Brain Injury Attorney
When a person suffers a traumatic brain injury, their life could potentially change forever. On top of the physical injuries, the emotional toll and financial cost of such a severe condition could leave an injured individual and their family in ruins.
If you experience a TBI caused by someone else’s actions, a Fulton County traumatic brain injury lawyer may be able to help you through this difficult time. Call today to start exploring your options.