Filing a Head and Brain Injury Lawsuit
Serious accidents causing brain or head injury often occur through the wrongful action or negligence of another party. Because of that misconduct, injured parties (plaintiffs) take their cases into litigation by filing a lawsuit asking for a determination of liability and fair compensation for damages.
Before taking the important step of initiating a lawsuit to recover damages for a brain injury, retaining the right law firm is essential to your chances for a good settlement or verdict.
Esteemed by colleagues and opponents alike, Henry Spiegel Milling LLP is a highly skilled Atlanta law firm. Our attorneys represent clients throughout Georgia suffering from brain or head injuries.
Well-prepared, seasoned litigators and tough negotiators, our firm prepares each case for trial, but often gains appropriate settlement figures for clients outside of the court room. We put our excellence and experience to work for you.
Proving Negligence in Georgia Head Injury Lawsuits
Upon initiating a lawsuit in Georgia, it is necessary to prove the negligence of the defendant who caused your injury. An injured party in Georgia who is more than 50 percent responsible for his or her injury cannot recover damages against another party whose actions may have contributed to the accident. Proving negligence in a head injury lawsuit involves satisfying the following criteria:
- Duty: The defendant owed a duty of due care to the plaintiff.
- Breach: The defendant violated—or breached—the duty owed to the plaintiff.
- Causation: The defendant's breach of duty is the proximate and factual cause of the plaintiff's injury.
- Injury: Due to the defendant's wrongful actions, the plaintiff suffered physical injury, property damage, or death.
Successful delineation of these elements allows a court to provide compensation for a wrongfully inflicted injury you have suffered.
As a coordinated, compassionate legal team serving those suffering serious head or brain injury, Henry Spiegel Milling LLP handles fewer cases in order to focus on success for each client. You pay no legal fees unless we achieve a positive verdict or settlement for your injury.