Establishing Liability in Georgia Traumatic Brain Injury Lawsuits

Traumatic brain injuries can change lives in an instant, leaving victims and their families facing challenges they never expected. These injuries can occur due to car crashes, falls, workplace accidents, or other serious incidents where someone’s careless actions caused harm. In Georgia, when someone suffers a traumatic brain injury because of another person’s negligence, they may have the right to seek justice through a lawsuit. However, proving liability in these cases is not always simple. Establishing who is responsible is one of the most critical steps in pursuing compensation for the losses the injured person has endured. At, Nimmons Malchow Johnson Injury Lawyers , we are here to guide you through the legal process and help you navigate the complexities of your case.

Understanding Traumatic Brain Injuries and Their Causes

A traumatic brain injury, commonly referred to as a TBI, happens when a sudden force or blow to the head disrupts normal brain function. These injuries range from mild to severe and can cause physical, cognitive, and emotional damage. Some individuals recover after a period of medical care, while others experience lifelong effects. Traumatic brain injuries can result from a variety of situations, such as motor vehicle collisions, falls, sports-related impacts, and violence. In many of these cases, another person’s careless or reckless actions contribute to the accident that caused the injury. For example, a distracted driver may cause a crash, or a property owner may fail to fix a dangerous condition on their premises, leading to a slip and fall. These scenarios often require careful investigation to determine who is responsible for the injury.

The Importance of Establishing Liability in TBI Cases

Liability refers to legal responsibility for the damages that an injured person has suffered. In a Georgia traumatic brain injury lawsuit, establishing liability is essential for recovering compensation to cover medical bills, lost wages, pain, and other losses. Without clearly proving who is at fault, it becomes nearly impossible to hold the responsible party accountable. For example, if a business owner failed to maintain safe conditions on their property and a customer suffered a traumatic brain injury in a fall, the injured individual must prove the owner’s failure led to the accident. Similarly, if a trucking company ignored safety regulations and caused a crash, the victim must show how those actions directly caused their injuries. In all of these cases, proving liability requires evidence and careful attention to the details surrounding the incident.

Leland Malchow

Attorney - Partner

Chris Johnson

Attorney - Partner

Dane Anderson

Associate Attorney

Bailey Marshall

Associate Attorney

Negligence and Its Role in Determining Fault

Negligence is often at the center of establishing liability in traumatic brain injury cases. Negligence occurs when a person or entity fails to act with reasonable care, resulting in harm to another. To prove negligence in Georgia, several elements must be demonstrated. First, it must be shown that the at-fault party owed the injured person a duty of care. This means the responsible party had a legal obligation to act in a way that would prevent harm. For example, drivers owe other road users a duty to follow traffic laws and operate their vehicles safely. Second, the injured person must prove the at-fault party breached this duty by acting carelessly or recklessly. Third, it must be demonstrated that this breach directly caused the traumatic brain injury. Finally, the injured individual must show that they suffered actual damages, such as medical expenses, due to the injury. Each of these steps requires thorough evidence and documentation.

The Role of Evidence in Proving Liability

Gathering evidence is a critical part of building a traumatic brain injury case. This process often starts at the scene of the accident, where photographs, witness statements, and police reports can provide essential details about what happened. For example, in a car crash, pictures of the damaged vehicles, skid marks on the road, and testimony from witnesses can help establish fault. In other types of incidents, like workplace injuries, maintenance records, safety logs, and opinions may play a role. Medical records are also crucial in traumatic brain injury cases because they provide documentation of the injury and its impact on the victim’s life. These records can include emergency room visits, diagnostic tests, surgeries, and ongoing therapy. A skilled legal team can use this evidence to connect the injury to the responsible party’s actions.

They made everything easy for me! Even when I lost faith in the car accident where a drunk driver hit me, they helped me through every process. They were quick as they could be and made everything easier for me while being in the process of my move to Japan for the Navy, full time student, and planning my own wedding. I appreciated the help. Thank you!”

- Julissa Evans

I had the pleasure of allowing Mr. Leland Malchow to represent my case and I would recommend 10star rating if possible. Not only was Mr. Leland very professional and knowledgeable, he also took the time to listen to my frustrations about my situation. He offered a listening ear, as well as some kind motivational advice. Our relationship has been through business only but I would extend a hand to him and the law firm from here on out. Thank you all and God Bless."

- Chris Rowland

Chris Johnson is an exceptional attorney for car wreck cases. His expertise, clear communication, thorough preparation, and effective negotiation skills led to a favorable outcome. With compassion and support, he guided me through the process, making him highly recommended for anyone in need of a skilled legal advocate."

- Jayko Robinett

Challenges in Proving Liability for Traumatic Brain Injuries

Establishing liability in traumatic brain injury cases is not always straightforward. Insurance companies and defense attorneys often try to shift the blame onto the injured person to avoid paying compensation. For instance, they might argue that the victim was partially responsible for the accident or that the injury was pre-existing. In Georgia, the state’s comparative negligence law can affect the outcome of a case. This law allows injured individuals to recover compensation as long as they were not more than fifty percent at fault for the accident. However, the compensation may be reduced by the percentage of fault assigned to the injured person. For this reason, it is important to build a strong case with solid evidence to counter any attempts to place blame unfairly on the victim.

The Role of Legal Representation in TBI Cases

When pursuing a traumatic brain injury lawsuit in Georgia, having skilled legal representation can make a significant difference. An attorney with experience handling complex injury cases can guide victims through the legal process, gathering evidence, working with medical professionals, and negotiating with insurance companies. A legal team can also identify all potentially liable parties. For example, in a trucking accident, the driver, the trucking company, or even a manufacturer of defective equipment might share responsibility. By thoroughly investigating the case, a lawyer can ensure that the injured person has the best chance of securing fair compensation.

Related Videos

The Emotional and Financial Impact of TBIs on Victims

The effects of traumatic brain injuries extend far beyond the physical damage. Victims often face emotional challenges, such as depression, anxiety, and difficulty with relationships. Additionally, the financial burden can be overwhelming, with medical bills piling up alongside lost income from the inability to work. For families, the stress of caring for a loved one with a traumatic brain injury can be life-changing. By holding the responsible party accountable, a traumatic brain injury lawsuit can provide the resources needed for ongoing medical care, rehabilitation, and other necessary support.

Georgia’s Legal Process for TBI Lawsuits

The legal process for a traumatic brain injury lawsuit in Georgia begins with filing a complaint in court. This document outlines the facts of the case, the injuries suffered, and the compensation being sought. Once the lawsuit is filed, both sides engage in discovery, where evidence is exchanged, and witnesses may be deposed. In many cases, the parties attempt to reach a settlement through negotiation. If a fair settlement cannot be reached, the case may proceed to trial. Throughout this process, it is essential to have strong legal representation to ensure that the injured person’s rights are protected and that they receive the compensation they deserve.

If you or a loved one has suffered a traumatic brain injury in Georgia and need assistance holding the responsible party accountable, the team at Nimmons Malchow Johnson Injury Lawyers is here to help. We understand the challenges that come with pursuing justice in these cases, and we are dedicated to fighting for the compensation you deserve. Our team offers free consultations to discuss your situation and works on a contingency fee basis, which means you do not pay unless we successfully recover compensation for you. Call us today to take the first step toward securing the support you need.