Accidents can happen unexpectedly, leaving individuals with severe physical and cognitive impairments. Suppose you have suffered brain trauma after an accident. In that case, you may wonder if you have a personal injury claim to seek compensation for the physical, emotional and financial damages you suffered due to the other driver’s negligence.
Georgia allows you to pursue legal action for brain damage if you can establish liability. Liability refers to the legal responsibility of another party for the injuries and damages you have sustained. Read along to discover how to handle sustaining brain injuries in a road accident.
Report the accident to the police
Georgia law stipulates that you must report a car accident that causes injury, death or property damage to an apparent extent of $500 or more. You should use the quickest means of communication to report to the local police department for city or town crashes. And if the crash occurred outside an incorporated city or town, it’s best to report it to the nearest state police station or sheriff’s office.
Seek medical attention
Suppose you suffered head trauma during the accident. In that case, you should seek immediate medical attention to allow doctors to establish the extent of brain damage. Extensive medical care is vital to your recovery, and you can use your medical records to help show the severity of your injuries. This can strengthen your car accident claim.
File a personal injury lawsuit
Unlike a dozen states that follow a no-fault system for car accidents, Georgia follows a traditional fault-based system. This means that the person at fault for the car accident that caused your traumatic brain injury is financially responsible for your medical treatment, pain and suffering and lost wages.
However, you should note that the state of Georgia has a statute of limitations that restricts the time limit on your right to bring a personal injury lawsuit. The deadline is two years after the accident for injuries and four years after the accident for property damage. Failure to file the lawsuit within the assigned timeline can result in your claim being dismissed.
Suffering a head injury in a road accident can have significant and long-lasting consequences. Therefore you should seek immediate medical attention for accurate diagnosis and necessary treatment. You should also file a personal injury lawsuit within the assigned timeline to increase the chances of receiving compensation for your injuries.