Understanding The Types Of Burden Of Proof

Traumatic brain injuries (TBI) are a serious medical concern that can have long-lasting effects on a person’s physical and cognitive functions. Among the various types of TBIs, concussions are the most common. While concussions are generally considered to be milder forms of brain injury, they can lead to a range of complications that extend beyond the initial symptoms. One such complication that often raises questions is whether a concussion can cause breathing problems. A skilled personal injury attorney may help you answer this question and its relation to personal injury claims, discussing how concussions can impact breathing and what you should know if you or a loved one has suffered from such injuries. For more information regarding personal injury and TBIs, reach out to Brooks Law Office in Savannah, Georgia. What Is a Concussion? Before diving into the specifics of whether a concussion can cause breathing problems, it’s important to understand what a concussion is. A concussion is a mild traumatic brain injury that occurs when the brain is subjected to sudden force or impact. This may result from a blow to the head, a fall, a car accident, or any other incident that causes the brain to move rapidly back and forth within the skull. Concussions can disrupt normal brain function and lead to a variety of symptoms, including: Headaches Dizziness Confusion Memory problems Sensitivity to light and noise Nausea or vomiting Fatigue While these symptoms are more commonly associated with concussions, breathing problems are less frequently discussed. However, for some individuals, respiratory issues can indeed arise after a concussion. Can Concussions Cause Breathing Problems? The short answer is yes, a concussion can potentially cause breathing problems, though it’s not a common or widely recognized symptom. Understanding how this happens requires a deeper look into how concussions affect the brain and the body. Brainstem Involvement A concussion could lead to breathing problems if the injury affects the brainstem, a region at the base of the brain responsible for regulating vital functions such as heart rate and breathing. Though concussions typically involve the brain’s outer areas, in some cases, the force of the injury may extend to deeper brain structures like the brainstem. When the brainstem is affected, it can interfere with the body’s ability to control automatic processes, including respiration. Individuals may experience shallow breathing, shortness of breath, or even difficulty maintaining a normal breathing rhythm. Autonomic Nervous System Dysfunction Another potential cause of breathing problems after a concussion is autonomic nervous system (ANS) dysfunction. The ANS is responsible for controlling involuntary bodily functions, including breathing. A concussion can disrupt the ANS’s ability to regulate these functions properly, leading to irregular breathing patterns or difficulty catching your breath. This condition is often referred to as dysautonomia and can manifest in several ways, including: Rapid or shallow breathing (tachypnea) Irregular breathing patterns Shortness of breath, even during rest or light activity While dysautonomia is more commonly associated with severe brain injuries, it can still occur in cases of concussion, particularly if the injury has caused significant disruption to the brain’s ability to regulate bodily functions. Chest Trauma In some cases, the breathing problems associated with a concussion may not be directly caused by the brain injury itself, but by related injuries to the chest, neck, or ribs. For instance, if a person experiences a concussion as a result of a car accident or a fall, they may also sustain chest trauma, such as broken ribs, bruising, or other injuries that can impair breathing. In these cases, it’s important to distinguish whether the breathing problems are a result of a brain injury or a secondary physical injury. Medical evaluation is critical in determining the root cause of breathing difficulties following a concussion. Post-Concussion Syndrome For some individuals, the effects of a concussion persist long after the initial injury in what is known as post-concussion syndrome (PCS). PCS is characterized by the continuation or development of symptoms for weeks or even months after the injury. Although breathing problems are not a hallmark symptom of PCS, they can occur in conjunction with other issues such as fatigue, anxiety, or sleep disturbances. For example, a person suffering from anxiety or panic attacks as a result of PCS may experience shortness of breath or hyperventilation. Similarly, individuals with PCS-related sleep disorders may have irregular breathing patterns during sleep, such as sleep apnea. Recognizing and Addressing Breathing Problems After a Concussion If you or someone you know is experiencing breathing problems following a concussion, it’s essential to seek medical attention. Breathing difficulties can be a sign of a more serious underlying issue and should never be ignored. Here are some important steps to take if you’re concerned about breathing problems after a concussion: 1. Consult a Medical Professional The first step in addressing breathing problems is to consult with a healthcare provider. A medical professional can perform a thorough evaluation to determine whether the breathing issues are related to the concussion or another condition. Diagnostic tests, such as imaging scans (CT or MRI) or pulmonary function tests, may be conducted to assess the extent of the injury and identify any related issues. 2. Monitor Symptoms Closely Breathing problems after a concussion may not appear immediately. It’s important to monitor symptoms closely in the days and weeks following the injury. If you notice any changes in breathing patterns, such as shortness of breath, difficulty breathing, or chest pain, seek medical attention immediately. 3. Consider Specialist Care In some cases, individuals with breathing difficulties after a concussion may benefit from seeing a specialist, such as a neurologist or a pulmonologist. These specialists can provide more in-depth evaluations and develop targeted treatment plans to address the specific issues related to your breathing and brain injury. 4. Follow a Treatment Plan Treatment for breathing problems after a concussion will depend on the underlying cause. For instance, if the brainstem or ANS dysfunction is contributing to the breathing issues, treatment may involve medication, breathing exercises, or physical therapy. In cases where chest trauma is involved, addressing the physical injury through rest, pain management, or surgery may be necessary. Legal Considerations: Personal Injury and Concussion-Related Breathing Problems When a concussion and its complications, including breathing problems, are the result of another party’s negligence—such as in a car accident, slip and fall, or sports-related injury—you may be entitled to compensation through a personal injury claim. Here are some key factors to consider if you’re pursuing a personal injury lawsuit related to a concussion: 1. Proving Negligence To succeed in a personal injury claim, you must prove that the defendant’s negligence directly caused your concussion and subsequent breathing problems. This requires demonstrating that the other party had a duty of care, breached that duty, and that their actions (or inaction) led to your injuries. For example, if you were injured in a car accident caused by a distracted driver, you would need to provide evidence that the driver’s negligence caused the accident and resulted in your concussion and breathing difficulties. 2. Documenting Medical Evidence One of the most critical aspects of a personal injury claim is medical documentation. It’s essential to keep detailed records of all medical evaluations, treatments, and diagnoses related to your concussion and breathing problems. This documentation will serve as evidence of your injuries and their impact on your daily life. Be sure to keep records of any diagnostic tests, doctor’s visits, hospitalizations, and medications. Additionally, if your breathing problems have affected your ability to work or engage in regular activities, be sure to document these impacts as well. 3. Calculating Damages In a personal injury claim, you may be entitled to various forms of compensation, known as damages. These damages can include: Medical expenses: Compensation for all past and future medical bills related to your concussion and breathing problems, including doctor visits, surgeries, medications, and rehabilitation. Lost wages: If your injury has caused you to miss work or affected your ability to earn a living, you may be compensated for lost income. Pain and suffering: Compensation for the physical and emotional pain caused by the injury and its complications. Loss of enjoyment of life: If your breathing problems and other symptoms have reduced your ability to engage in daily activities or hobbies, you may be entitled to compensation for this loss. Consult an Attorney If your TBI could have been prevented and you feel as though compensation is due, reach out to Brooks Law Office. We’re proud to find justice for the people of Savannah, Georgia, and the surrounding areas of Effingham and Liberty Counties. Give us a call today to get started with a free consultation.

When life takes an unexpected turn, leaving you or a loved one with a brain or spinal injury, finding the proper support can feel like an uphill task. At Brooks Law Office, we know you're in a tough spot, and we're here to help. If you're in Savannah, Georgia, or the surrounding areas, our experienced personal injury attorneys are ready to help with skilled guidance and support. Understanding the Georgia Brain and Spinal Injury Trust Fund The Georgia Brain and Spinal Injury Trust Fund helps people with traumatic brain or spinal cord injuries. Established to provide financial aid for rehabilitation, medical expenses, and other essential services, this fund aims to improve the quality of life for those affected. However, the application process and requirements can be confusing and often require legal assistance. A personal injury attorney can help you understand your eligibility, gather documentation, and maximize your chances of receiving support. At Brooks Law Office, we have helped countless clients achieve the best possible outcome for their cases. The Challenges Despite its good intentions, the Trust Fund has limitations that can leave many needing further assistance. The application process can be lengthy, and securing approval is not guaranteed. Additionally, the funds available may not cover all the expenses related to brain and spinal injuries, adding financial strain to an already difficult situation. Eligibility Criteria Applicants must meet specific criteria to qualify for the Georgia Brain and Spinal Injury Trust Fund. These include proving residency in Georgia, demonstrating that the injury occurred in Georgia, and providing medical documentation of the brain or spinal injury. Understanding these requirements is critical, and our team can guide you through the process to ensure you meet all necessary criteria. Documenting Your Injury Your documentation must be accurate and thorough when applying for the Trust Fund. Medical records, treatment plans, and statements from healthcare professionals are vital in establishing the severity of your injury and the need for financial assistance. Our attorneys can help you compile and present this information effectively. Financial Assistance Offered The Trust Fund provides various types of financial assistance, including funds for medical treatments, rehabilitation services, assistive technology, and home modifications. However, the amount available depends on the fund's current resources and the needs of each applicant. Limits and Restrictions The Trust Fund, however, has limits and restrictions. The amount of financial assistance available is capped, and not all expenses may be covered. A knowledgeable personal injury attorney can help you explore additional avenues of support if needed. The Importance of Timely Applications You must apply for the Georgia Brain and Spinal Injury Trust Fund as soon as possible after an injury. Delays can result in missed opportunities for financial assistance, exacerbating the financial burden. Our team can help you submit your application promptly and accurately. Seeking Additional Support Other resources may be available if the Trust Fund's assistance is insufficient. Our attorneys can help you explore options such as private insurance claims, Medicaid, and other state and federal programs that support individuals with brain and spinal injuries. Georgia Laws Governing Brain and Spinal Injuries Georgia has several laws governing brain and spinal injuries that may impact your case. Statute of limitations: In Georgia, the time frame to file a lawsuit for personal injuries, including brain and spinal injuries, is typically two years from the date of the injury. If you do not initiate legal proceedings within this period, your case may be dismissed. Comparative negligence rule: Georgia operates under a modified comparative negligence system. If you are found to be partially at fault for your injury, your compensation may be reduced in proportion to your level of fault. For example, if you are deemed 20% at fault, your damages could be reduced by that percentage. However, if you are found to be 50% or more at fault, you may be barred from recovering any damages. Cap on damages: Georgia does not impose a cap on non-economic damages in personal injury cases, including those involving brain and spinal injuries. This allows for potentially greater compensation for pain and suffering, but it's still crucial to seek legal guidance to explore all avenues for recovery. Expert testimony requirement: In Georgia, for medical malpractice cases involving brain and spinal injuries, expert testimony is often required to establish the standard of care and whether it was breached. This can significantly influence the outcome of your case, so having qualified experts is essential. Personal Injury Attorneys Serving Savannah, Georgia Brooks Law Office is a trusted ally for personal injury victims and those seeking assistance from the Georgia Brain and Spinal Injury Trust Fund. Our experienced attorneys can handle various personal injury cases to help you protect your rights and fight for the compensation you need. If you're located in Savannah, Georgia, or the surrounding areas of Midtown, Savannah Gardens, Thunderbolt, Garden City, Pooler, Georgetown, Richmond Hill, Vernonburg, Montgomery, Skidaway Island, and Wilmington Island, contact us today to schedule a consultation.

Uninsured motorist coverage protects you when you are in a wreck with someone who is under insured or has no insurance at all. Unfortunately, this scenario happens far too often and it is important that you know how to protect yourself and your vehicle. There are several options when it comes to choosing the amount of coverage in your policy. The Georgia law changed in January of 2009, allowing for Stackable Uninsured/Underinsured Coverage. This coverage protection is usually worth the small extra cost. If you choose this option, you can “stack” or add your coverage on top of the coverage of the “at fault” uninsured driver. For example, if you suffer $90,000 of injuries and damages, and the “at fault” driver’s policy only covers $25,000, the minimum required, you can stack your uninsured coverage to increase your recovery. Non-stacking Uninsured/Underinsured coverage disallows stacking onto the “at fault” underinsured driver’s coverage. Your policy minus the “at fault” driver’s policy determines the maximum recovery available. If you choose to waive uninsured or underinsured coverage, you may save money now, but you and your family members will not be fully protected from injury by an uninsured or underinsured driver. Remember that “full coverage” policies do not usually include uninsured motorist coverage, so be sure to ask your insurance provider about this coverage.

Depending on how serious your injury is, you may or may not be able to do much. If your pain is severe, or you have suffered a fracture, or you are bleeding profusely, or you were knocked unconscious, then you must go to the hospital. Getting medical treatment as quickly as possible in those circumstances is the most important action you can take. Other persons can perform the suggestions below. The important point it gathering the documentation described below is to remember that you have to prove your case. Legally speaking, you have the burden of proof. Take Photos You never know how important the photos you take may become. Everyone’s memory can fade. You may forget important information or not know of its importance. Photos can also prevent a “he said” vs. “she said” dispute. For instance, if in a car collision, photos of where the cars are located may become important. The damage to all the vehicles involved may be important. Its always better to have the photos than not have them. If you have been injured in a fall, then you will need to get the photos of the condition or situation that caused your fall. Under Georgia law, you always need to show what caused your fall. The Court and jury are not allowed to speculate on what caused your fall. You have to prove it. Also, the photo will document the dangerous area and the person responsible cannot claim that the hazard never existed. Witness Names and Contact Information Witnesses can make or break a case. Witnesses who saw the collision, or saw the fall, or saw events causing your injury are extremely important. Witnesses can win or lose a case. A favorable witness can often prevent the need to go to trial because the insurance company will know that you can prove your case and so will settle your claim. Insurance companies will listen to third party witnesses because they do not have a financial interest in the outcome of the case. Document the Event If you’ve been in a car wreck, a police officer will often come to the scene. He will get the story of each driver and will make an incident report. You need to give the officer your version of what happened. If you fell in a store, hotel or other business, report your injury to the front desk. Tell them to make a report of the incident and to fix the hazard. This documentation will be important for many purposes. First, the insurance company may not believe that an incident injuring you ever happened if the event is not documented. Documentation makes proof much easier because it gives you credibility by supporting what you say happened. Get Treatment If you have been hurt, get treatment as soon as you can. This is important for your health, and it also provides documentation of your injuries. Again, documentation is important because an insurance company will reject your claim of injury if it is not documented by a medical provider. Once you get treatment, continue with the treatment as long as the medical provider recommends it to you. As you soon as you stop seeing a medical provider, the insurance company will argue that you have been cured. As long as the treatment is helping you, get it. The medical records from the treatment will also provide the necessary documentation to support the extent of your injury. Avoid Giving Recorded Statements When an insurance adjuster calls you for a statement, decline. Remember that you are being questioned by a professional who is trying to determine whether to reject your claim. Unless their adjuster’s client, perhaps the at-fault driver, agrees that they were at-fault, it is likely that the adjuster will reject your claim and will use your statement against you. It would be better to contact an attorney who knows what the adjuster is likely to ask you, why the adjuster is asking the questions, and how that information may affect your claim. For instance, your attorney may suggest that you give no statement at all or that you work with him to provide a written statement instead of letting the adjuster ask questions and record answers that could legally hurt you.

Vehicle insurance comes in different forms. This discussion will describe the different types that can be purchased in Georgia. Insurance rules and regulations differ by state. Insurance can cover both personal injury and property damage liability coverage. This coverage protects you if you are at fault in causing an injury or loss to someone else State law sets the minimum about of liability insurance that is required in order to drive on the public roadways. In Georgia, the liability minimum is $25,000 for both personal injury and property damage. A driver can buy more liability insurance for his vehicle. Insurance follows the vehicle. If a vehicle owner gives permission of a person to use a vehicle, then that person is considered a permissive user and so is a covered driver. For instance, a child living in a home who has permission to use the family car is covered by the car insurance. However, if someone steals a car and causes a wreck, they would not be covered by the insurance. The insurance policy may also state who is covered and who is not covered by a policy. That is why it is always very important to read your policy and confirm that everyone you want covered by the policy is covered. Because so many drivers are uninsured, it is important to also buy UM coverage, often referred to as uninsured or underinsured coverage. You can buy UM coverage to the extent that you have purchased liability coverage. For instance, if you have bought $50,000 in liability coverage, then you can buy $50,000 in UM coverage. If you have bought $250,000 in liability coverage, then you can buy $250,000 in UM coverage. UM coverage protects you if you are injured or suffer a property damage loss because of the negligence of another driver who is uninsured. For instance, if another driver runs a stop sign and injures you and that driver does not have insurance required by law, then you can put your insurance company on notice of the incident. Then your insurance company will step into the shoes of the uninsured driver and provide insurance to cover your claim. After payment, your insurance carrier will go against the uninsured driver to collect what the insurance company has paid out to resolve the claim. The insurance company’s claim against the uninsured driver is called a subrogation claim. There are two types of UM coverage. There is “add-on” and “reduced” coverage. You should always purchase “add-on” coverage. You are better protected with “add-on” coverage because you can stack any UM coverage you have on top of any other available coverage of an underinsured at-fault driver. For instance, assume that you are injured by a driver who ran a red light with the minimum insurance limits of $25,000 and your medical bills and lost wages are $55,000. Assume that the at-fault driver may tender $25,000 limit to you. You may need to accept the insurance limits even though the amount is inadequate to cover your losses. However, if you have “add-on” UM coverage of another $50,000, then your UM insurance limit is added to the $25,000 paid by the at-fault driver, giving you a total of $75,000 to cover your claim. If you had bought “reduced” coverage, then your UM coverage of $50,00 would be reduced by the $25,000 coverage that the at-fault driver had, leaving you with only $50,000 total to cover your losses. So, it is always better to purchase the “add-on” UM coverage. Some insurance carrier’s also sell Med-pay insurance. This is insurance that will pay for medical costs regardless of fault. For instance, if you are injured by an at-fault driver who is denying fault, then you can use the Med-pay coverage to pay for all or part of your medical bills until fault is determined. Med-pay insurance is usually sold in small increments of $1,000 to $5,000.

The brain can be injured in several traumatic ways, including an object that pierces the skull and enters the brain, bleeding such as a hemorrhage that increases pressure on the brain, lack of oxygen such as in a carbon monoxide exposure and sudden movement within the skull which is commonly referred to as a concussion. This article focuses on concussion because they are the most common traumatic injury that occurs in vehicular collisions. A concussion can occur even without the head striking an object. A coup-contracoup trauma is a well-known mechanism of injury. You must first consider the anatomy of the brain’s environment to understand this type of injury, which may not exhibit any outward signs of injury, but which may manifest in memory issues, irritability, fatigues and personality change. The adult brain, weighing about three (3) pounds, has a custard type consistency and is suspended in cerebral fluid within the skull. The skull is hard bone and has many sharp prominences, particularly in the lower areas of the skull. The skull is located on the neck, which is supported by spinal column and the neck muscles. When a force is applied to the human body, the skull can whip back and forth on the neck. When the skull whips back and forth in an unusually forceful motion that exceeds normal biological tolerances, then the brain’s impact on the skull, both in the initial impact and the secondary impact when the brain sloshes from front to back, or side to side, can bruise the brain. Most people eventually recover from concussions however, many do not. The concussion may result in axonal stretching and breaking, resulting in a condition known as diffuse axonal injury, or DAI. Again, you need to understand the brain anatomy to understand this type of injury. The brain is composed of approximately 86 billion neurons (brain cells) that extend from the brain’s exterior grey matter into the brain’s interior white matter. The axons are part of the neurons. When sudden force is applied to the brain, the grey matter which is a slightly different consistency than the white matter, moves at a different speed and direction. This forceful movement that is beyond the normal biological tolerances of the axons, causes the axons to stretch and break. However, the brain injury does not stop there. Once the axons are injured, they release materials into the brain that cause more injury to additional axons. This is called the metabolic cascade. The released materials continue the injury and is one reason that brain injuries are not initially recognized. The symptoms may not be recognized for days, weeks or even months. The symptoms of brain injury from concussion, called post-concussion syndrome, can include memory problems, visual problems, fatigue, irritability and personality changes. For instance, activities that were once easy for the person can become difficult. That is because damage to the axons have interrupted the ability of the brain to carry information within its neurons. It’s like a town with a phone system that is hit by a hurricane and now half of the lines are down. Instead of being able to call your neighbor, you have to walk over to his house. This takes more effort. When a person suffers a brain injury, doing what could be easily done before, now takes more effort. This additional effort causes fatigue. There are many methods to document brain damage. Measuring small eye movements, such as saccades, which are movements common to reading and switching focus from one item to another, is one method because eye movements are controlled by many areas of the brain. Measurements of other eye movements can also be consistent with brain injury. Imaging studies can also be done, although MRIs are often not sensitive enough to determine brain injury, there are other more sensitive measures, such as DTI, which is a more advanced form of MRI. However, most doctors treating brain injury rely on the clinical findings and patient history to make the diagnosis and determine the best treatment. Unfortunately, if problems persist after six months, the injury is likely permanent.

If you’ve been involved in a motor vehicle accident where the driver who hit you has completely fabricated a story to the responding police officer, it’s easy to get frustrated. The officer who arrives on the scene will take both of your statements and the department will do their own investigation, but you may be worried you’ll be left out in the cold with your rights violated. Do you need a private investigator to dig up the truth? Should I Call an Attorney First? You should absolutely call an attorney first! An experienced personal injury law firm will usually have a dedicated private investigation company with a proven track record that they turn to regularly. A seasoned PI can work closely with an attorney to help build a strong preponderance of evidence case before a civil suit is even filed. They can make a huge difference in the outcome of your case. Why Do Attorneys Use Private Investigators? How Do PIs Help? Often an attorney has only a client and a police report to start with, but these are not the only pieces of evidence needed to put together a strong personal injury case. A good PI can help fill in the blanks that the police report leaves unanswered. They can use their expertise to help in several ways. They Do Deep Dives Into Accident Reports Police officers only have so much time to devote to each individual accident report, and if something is missed during the initial intake of information, it may not get a follow-up. Private investigators make it their business to hunt down witnesses to get statements, often video-taped, which can help back up your claim. They know the right questions to ask and ways to get reluctant witnesses to talk to them. They can take photographs of the incident site and in some cases do the necessary accident reconstruction work that an attorney can use to convince a jury to decide in your favor. They Obtain Surveillance Video In some cases, an incident may have been unknowingly captured on surveillance video. These videos are often on a loop and destroyed after a period of time. Private investigators will look beyond the immediate parameters of an accident scene to see what other information might be available and secure that information before it is lost. They Document Searches Private investigators can do background checks and gather necessary data from hospitals, motor vehicle departments, law enforcement agencies, and state departments to piece together a more comprehensive report. Often they have established relationships that make it easier for them to retrieve the data they need. They Help With Recovery Good private investigators may also help after a judgment has been awarded, uncovering a defendant’s hidden assets or bank accounts that will help the attorney’s client collect what they are rightfully owed. Are There Drawbacks to Using a Private Investigator? Private investigation services will add costs to your legal fees, so you’ll want to discuss ahead of time with your attorney whether the added expense might be necessary. While a PI might help prove a point you desperately wish to make, if their services don’t change the bottom line for damages, it may not be worth the investment. There is also the chance that a PI uncovers information that proves the client was not entirely honest. Private Investigators Are a Resource Private investigation services can be a valuable resource for an attorney and client considering whether to file a lawsuit. As with all professional relationships, however, it is imperative that as a client you are completely forthright with both your attorney and any PI that is hired on your behalf. A case has the best chance of a good outcome when honest relationships are established between all parties.

Many times when we take trips to new cities or are exploring our own, we want to participate in guided tours. Here in Savannah, we have countless different types of tours including walking, biking, boating, and more. Before most of these companies allow you to join, they’ll have you sign liability waivers. Therefore, it’s extremely important to understand what you’re signing. Sometimes these waivers can limit your rights making it more difficult if you get injured and are seeking help with your medical expenses through a personal injury case. If you’ve been hurt during a guided tour, here are a few of the most important things to look for when reading liability waivers to understand your rights. What Is a Liability Waiver or Release Form? Due to the dangerous aspects some activities have, businesses create forms for participants to sign in order to protect the company in case an injured participant tries to file a negligence suit against them. These waivers are used to shift the responsibility for injuries from your business to the participant. If you’ve signed a liability waiver and were injured, you may be wondering whether or not you still have a lawsuit from something the waiver did not cover. Did You Have Fair Notice? A lawyer may be able to argue that the waiver doesn’t meet the fair notice requirements. This also includes the responsibility of the business to alert the participant of the fact that it is a waiver of liability. Relevant wording must be demonstrated in large, bold font to attract the reader’s attention. A waiver that is in fine print and written using unfamiliar wording may be unenforceable under the fair notice requirement. Was the Waiver Unconscionable? A lawyer must be able to prove both of the following in order to claim to the court that the liability waiver is unconscionable: There must be evidence that the person signing the waiver had no other choice and was denied the opportunity to negotiate. The result of signing was one-sided, oppressive, or unanticipated which was a punishment to the person signing it. Was It for A Child? If you are a parent who signed a liability waiver for your child who got injured, you will not be able to recover your expenses in medical treatment for the child. However, your child may be able to recover damages for their pain, suffering, and for medical expenses that may arise due to the accident upon turning 18. How to Get Help Savannah’s Personal Injury Attorney Gene Brooks will gladly evaluate your claim and give you the best advice in moving forward with a case. If you or a loved one has been injured on a guided tour and are not fully to blame, contact Brooks Law Office today.