Brain injuries can be the most devastating for accident victims. The serious nature of traumatic brain injuries is associated with permanent disability or comma that prevents the victims from living a normal life.
When you suffer from TBI in an accident caused by negligence, it is your legal right to file a claim and recover compensation. You can contact an experienced Atlanta traumatic brain injury lawyer to fight for whatever damage that you have incurred.
Below, we break down the phases of a traumatic brain injury lawsuit to help you know what to expect.
- Initial Consultation with a Traumatic Brain Injury Lawyer
The first thing you should do is consult an experienced injury lawyer. The lawyer will evaluate your case and help you decide the best path moving forward. Make sure that the lawyer that you hire has experience in handling traumatic brain injury cases in Atlanta.
- Gathering Evidence to Establish your Claim
After initial consultation with an Atlanta car crash attorney, the next step is gathering evidence that establishes the severity of your injury and its long-term implications. Most common evidence includes accident reports, medical records, and eyewitness statements.
Given the serious nature of brain injuries, the average compensation for such settlements is usually very high.
However, you can recover damages only if you are less than 50% at fault for the accident. Evidence helps in proving your claim and making your case strong.
- Filing the Lawsuit
Filing a lawsuit involves drafting a complaint that mentions the details of your case and the damages you’re seeking. Under Georgia law, the statute of limitations to file a personal injury lawsuit is two years from the date of the accident.
- Discovery Process
After the lawsuit is filed, the court will set a timeline for the discovery process. Both parties exchange information and documents during this phase. Experts and witnesses will also be questioned.
- Pretrial Process
During the pretrial process, negotiations with the prosecution may occur. The two parties can reach a fair settlement without the need for a trial.
- Trial and Judgement
If the parties fail to reach a settlement, the case proceeds to trial where both sides present evidence and witnesses before the jury or judge. In the end, the judge or jury will give a verdict. If the decision is in your favor, you can claim various types of damages such as medical expenses, lost wages, pain, and suffering. In extreme cases, punitive damages may also be awarded in such claims.
- Appeal
The losing side has the option to appeal the decision within 30 days of the judgment. If the losing party decides to appeal, the case will go to a higher court for another round of examinations.
Conclusion:
Every step of a traumatic brain injury claim is vital and bound by various laws. The guidance of an experienced traumatic brain injury lawyer can be crucial at every phase from the initial consultation to gathering evidence and potential trial.
At Karma Injury Law, we understand the devastating nature of traumatic brain injuries and are ready to help clients at every step. Our sole mission is to empower you with comprehensive guidance and a compassionate approach when you’ve been injured and stuck with medical expenses.
