While any injury sustained in an accident can have a substantial impact on your short-term plans, traumatic brain damage is severe, debilitating, and unfortunately long-lasting. Even mild traumatic brain injuries (TBIs) can prevent those afflicted by them from going to work or participating in hobbies. More significant damage may rob an injured person of the capacity to hold any job or even care for themselves day to day.
Anyone who causes a TBI through their own reckless conduct should bear financial accountability for that injury’s effects. A Smith Hulsey catastrophic injury attorney’s assistance could be crucial to making sure that the responsible party is held accountable. Once retained, a diligent Clarkesville traumatic brain injury lawyer could not only build a strong case against the person responsible, but also demand fair restitution for all of your losses.
Filing suit against someone for causing traumatic brain damage works the same way as a lawsuit based on any other type of personal injury. The injured plaintiff must establish that the named defendant owed them a responsibility to act a certain way, breached that responsibility, and directly caused their injury. All three of these elements must be proven to hold the defendant financially accountable for ensuing damages.
What makes TBIs unique, is how life-altering the effects of moderate to severe ones can be. It can be challenging early on to detect and appropriately treat brain trauma, as it often does not initial noticeable symptoms. Even with prompt medical examination and intervention, it is not always possible to prevent permanent damage from occurring after this kind of injury. This means civil recovery must focus on maximizing quality of life rather than restoring an injured person completely to their pre-accident state.
Because of this, it can be especially important to have guidance from a seasoned Clarkesville TBI attorney when pursuing litigation over this kind of harm. Qualified legal counsel at Smith Hulsey could identify every recoverable damage that could be factored into a particular claim. They could effectively demand fair recovery for long-term forms of harm like lost earning capacity, in-home care costs, physical and psychological suffering, and more.
Unfortunately, the same procedural restrictions that can inhibit the pursuit of compensation for less severe personal injuries can also impact traumatic brain injuries claims. For example, Official Code of Georgia §51-11-7 prohibits any plaintiff found 50 percent or more liable for their injuries from recovering any compensation. O.C.G.A. §51-12-33 allows courts to proportionately reduce the value of a damage award based on any degree of fault less than 50 percent than a plaintiff is found to bear.
Furthermore, O.C.G.A. §9-3-33 provides just two years after an injury occurs in most situations for an impacted individual to start the litigation process, no matter how serious the injury is or how long its symptoms will last. Pursuing a strong claim while still complying with these and other regulations could be much easier with support from a knowledgeable traumatic brain injury attorney in Clarkesville.
Even if the effects of your TBI last a lifetime, the financial and personal impacts that injury has on you do not necessarily have to. With help from compassionate legal representation, you could enforce your right to civil recovery based on the harm that someone else caused you through their own recklessness or intentional act.
A conversation with a Clarkesville traumatic brain injury lawyer could offer clarity and confidence about what steps you could take to protect yourself from further harm. Call Smith Hulsey today to schedule a meeting.
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