There are many different types of brain injuries, some of them devastating. Head trauma may result in a wide range of symptoms and disabilities. Sometimes people with brain injuries need lifelong caregivers because they are no longer able to take care of themselves. If you or a loved one has been hurt because of someone else’s negligence, the Savannah brain injury attorneys at the Suthers & Harper may be able to help you. We can look at the facts of your accident and determine whether you may have a case, and our injury lawyers can represent you in the process of seeking damages if appropriate.Pursuing a Brain Injury Claim
Brain injuries may result from many different types of accidents, including motor vehicle collisions and swimming pool accidents. Often, they result from trauma to the outside of the head or the loss of oxygen, but sometimes they involve penetrating injuries. Whatever the circumstances of a brain injury, the victim will most likely need to establish negligence. Negligence requires you to prove that it is more likely than not that the defendant owed you a duty of care, failed to meet that duty, and in failing to meet the duty caused your injuries.
The worse that the brain injury is, the greater that your damages are likely to be. A traumatic brain injury may affect not only physical skills but also cognitive, emotional, and psychological skills. For example, someone who suffers a brain injury may have difficulties processing information or remembering things. These in turn may cause significant difficulties for family members who must take on additional burdens, including chores, child care, and wage earning. It may be challenging for someone with a brain injury to adjust to a disabled status.
You may be able to recover three different types of damages for brain injuries if you establish liability. The first category of damages is special damages, which include concrete expenses like medical bills, lost wages, and lost earning capacity. An experienced attorney will also determine whether you need help with basic living, such as a lifelong nurse or caregiver and household services. Sometimes it is necessary to retain an economist to establish future wage loss and lost earning capacity, based on your life expectancy and career to date.
The second category of damages is general damages, which are losses that a jury would believe naturally flow from your harm. Most people understand that brain injuries are serious, but this is an area in which an experienced trial attorney can make a difference and show how significantly you were affected by your injuries. For example, a serious brain injury may dramatically affect your relationship with children or a spouse, and your attorney will try to elicit jury sympathy for this change in your relationships.
Punitive damages may be available for truly egregious conduct under O.C.G.A. § 51-12-5.1. They are only awarded when it is shown by clear and convincing evidence that a defendant's conduct was committed with wantonness, oppression, fraud, malice, or conscious indifference. There is no limit to punitive damages from a statutory standpoint if the court finds that a defendant acted with a specific intent to cause the harm or if the defendant was under the influence of alcohol or unlawful drugs when committing the wrongful acts that resulted in the injuries.Retain a Brain Injury Attorney in Savannah
If you or a loved one has suffered a brain injury, you may experience a wide range of emotions. These injuries are expensive and often life-changing, and it is important that you hold the person or entity that caused them responsible for the costs. The Savannah brain injury lawyers at the Suthers & Harper may be able to represent you in your claim. Our firm assists injured people in Atlanta, Watkinsville, Norcross, Lawrenceville, Roswell, Athens, Marietta, Stone Mountain, Decatur, Pooler, Brunswick and Statesboro, as well as other areas of Oconee, Gwinnett, Clark, Cobb, DeKalb, Fulton, Chatham, Glynn and Bulloch Counties. Contact us by calling 1.800.320.2384 or completing our online form to set up a free appointment with a car accident attorney or seek guidance with another personal injury claim.