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Motorcycle accidents are a major concern when it comes to traumatic brain injuries (TBIs). Motorcycle riders are at a significantly higher risk of injury due to the exposed nature of this transportation mode, compared to passengers in an enclosed automobile. Even minor motorcycle accidents can result in head injuries due to the lack of protection around the motorcycle rider. Gautreaux Law will provide you with experienced legal advice specific to your situation in the unfortunate event of a TBI caused by a motorcycle accident.
The Effects of Traumatic Brain Injuries
TBIs can lead to short-term symptoms, long-term disabilities, or even death. Survivors might suffer from cognitive, physical, and emotional impairments. Depending on the severity, these can include memory problems, difficulty concentrating, mood swings, depression, and physical disabilities. The costs associated with TBIs are immense, encompassing medical bills, rehabilitation services, lost wages, and reduced quality of life.
Steps and Considerations When Pursuing a Legal Claim for Traumatic Brain Injuries Due to a Motorcycle Accident
You may have grounds for a lawsuit if you or someone you know has suffered a traumatic brain injury (TBI) due to another party’s negligence or wrongful actions in Georgia. Some considerations to keep in mind if you wish to pursue a claim as a result of a TBI from a motorcycle accident:
Statute of Limitations: In Georgia, the statute of limitations for personal injury cases, including TBIs, is generally two years from the date of the injury. There are exceptions in specific situations, such as for minors. Generally speaking, a statute of limitations for the claims of a minor does not begin to run until they turn the age of majority, which is 18 years in Georgia.
Determine Liability: For a successful claim, you need to prove that another party was negligent or at fault for the injury. This might involve demonstrating that a driver was distracted or under the influence of alcohol or drugs, that a product was faulty, or that a property owner failed to maintain safe conditions.
- Comparative Negligence: Georgia follows a “modified comparative negligence” rule. If you’re found to be partially at fault for the accident, your total damages will be reduced by the percentage of your fault. However, if you are found to be more than 50% at fault, you are precluded from collecting any damages.
- Damages: The injured party can seek damages for medical expenses, lost wages, pain and suffering, loss of consortium (which can only be claimed by a spouse in Georgia), future medical expenses, and in some cases, punitive damages.
- Gather Evidence: Collecting evidence is important for proving liability and the extent of damages. This can include medical records, photographs of the scene, witness testimonies, and expert testimonies (for example, medical experts who can speak about the severity of the TBI).
- Consult With an Attorney: It is generally advisable to consult with a personal injury attorney, preferably one with experience in TBI cases.
- Filing a Lawsuit: If a settlement cannot be reached with the at-fault party or their insurance company, the next step is to file a lawsuit. Once filed, both sides will engage in a discovery process, exchanging evidence and taking depositions.
- Trial: If the parties involved are unable to reach a settlement after discovery, the case will go to trial, where a jury or judge will determine liability and the amount of damages.
Gautreaux Law Can Assist Those Who Have Suffered From TBI Due to a Motorcycle Accident
While motorcycles offer a certain thrill, they come with a significant risk of injury, especially traumatic brain injuries. Riders must take preventive measures to protect themselves on the road in the face of such risks. Beyond wearing a helmet, riders should also wear other protective gear, like jackets, gloves, and boots, to minimize the risk of other injuries. Being visible (using reflective gear, and lights) and avoiding blind spots of other vehicles is crucial.
TBI cases can be complex, especially when determining the long-term effects and necessary care. Given the seriousness of such injuries, it is essential to ensure you are adequately represented and informed. It is important to consult with a lawyer who is experienced with Georgia law to discuss the specifics of a case. Gautreaux Law has experienced personal injury attorneys who can help if you have a TBI caused by a motorcycle accident. We can guide you through the complexities of the legal process, evaluate the strength of your claim, and advocate on your behalf.