Each year, a number of people in Georgia and throughout the United States suffer serious brain injuries. This type of harm can make even the simplest day-to-day tasks extremely challenging. Severe brain trauma can disrupt life functions or even result in a tragic death. If you or someone close to you has been involved in a serious accident in the Marietta area, you should seek guidance from an experienced injury lawyer who can help you understand your legal rights and options. At Miller Legal Services, we are familiar with the nuances of these cases.Seeking Compensation from a Negligent Party
A devastating accident often results in a traumatic brain injury (TBI). According to the Centers for Disease Control and Prevention (CDC), TBI affects 1.4 million individuals every year in the United States. This type of harm occurs when a person is hit in the head extremely hard, causing the brain to jostle inside the skull and bleed, bruise, or swell. An object piercing the skull or shattering a piece of skull can also cause TBI. Brain damage usually disrupts a person’s normal brain function, and the extent to which brain activity is impaired will depend on how serious the blow to the head was.
TBI can occur in a variety of situations, ranging from motor vehicle collisions to medical malpractice, slip and falls, swimming pool accidents, and sports injuries.
When a brain injury is caused by the recklessness of another person or entity, you may be able to recover compensation for your harm from the at-fault party. In order to assert the right to damages, a victim generally must demonstrate that another party’s negligence caused the harm. Negligence is a failure to use reasonable care when doing something. In most situations, reasonable care is defined as how a prudent person would act in the same or similar circumstances. There are some variations to this standard in the context of professional negligence, such as medical malpractice.
In order to prevail on a negligence claim, the plaintiff must establish the following elements:
- The defendant owed the victim a duty to exercise a certain level of care;
- The defendant breached the duty of care by engaging in some action that fell short of the appropriate standard;
- The defendant’s breach was the direct cause of the victim’s brain injury; and
- Quantifiable damages can be identified with reasonable certainty.
Once negligence is established, a victim may be able to recover medical bills, rehabilitation costs, physical therapy, pain and suffering, lost wages, and other types of economic and non-economic damages. If a brain injury results in a tragic loss of life, certain loved ones of the victim may be able to file a wrongful death claim. Damages in these actions typically include medical expenses prior to death, funeral and burial expenses, conscious pain and suffering before death, and damages based on the relationship between the plaintiffs and the victim.Seek Legal Guidance for an Injury Claim in the Marietta Area
If you or your loved one has been involved in an accident caused by the negligence of someone else, we can help. At Miller Legal Services, our Marietta attorneys are skilled in both personal injury and wrongful death claims. With years of experience, we have helped many individuals pursue compensation for their harm. We also serve accident victims from Roswell, Smyrna, and other Georgia communities. To set up a free appointment at which you can learn more about your legal rights and options, call us at 770-284-3727 or contact us online.