Workplace accidents, car accidents, motorcycle accidents. They can all result in catastrophic injuries which render victims incapable of returning to work, caring for their families, and in some cases, making it impossible for them to care for their own personal needs.
At John Foy & Associates, our entire law practice is devoted to helping people who have been injured in an accident that was no fault of their own. You can contact our offices on your own behalf or on behalf of a loved one and schedule a free consultation to find out about your legal rights.
Understanding Catastrophic Injuries
As an established law firm, we know that sometimes it is difficult to understand the legal terminology associated with accident cases. In §10284 of Title 34, Crime Control and Law Enforcement, catastrophic injuries are defined as “means an injury, the direct and proximate result of which is to permanently render an individual functionally incapable (including through a directly and proximately resulting neurocognitive disorder), based on the state of medicine“.
Some specific types of injuries which may fall into this category include:
- Spinal cord injuries – those injuries which cause the person injured to suffer damage to their spine resulting in partial or complete paralysis. This type of injury could mean a victim may need around-the-clock care to remain in the home, which can cause substantial financial concerns for a family.
- Head and brain injuries – injuries that cause cognitive or functional issues rendering victims incapable of returning to their normal course of work. The costs of a brain injury can devastate a family financially.
- Crushing injuries – which could result in amputation of a limb. With or without insurance coverage, an injury which results in an amputation is costly.
The bottom line is if you or a loved one has suffered a serious injury, a catastrophic injury attorney in Albany, GA may be able to help you relieve some of the financial strain you are facing as a result of someone else’s negligence.
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Compensation for Catastrophic Injuries
When someone suffers a catastrophic injury because of negligence, then the victim, or their family has the right to pursue an insurance claim against the liable party. This process can be confusing, particularly if there is any uncertainty about the nature of the injury, or the circumstances surrounding the accident which caused the injury.
This is why at John Foy & Associates, we take the time to make sure we understand how the injury occurred, who may have been involved in the accident, and find out what the best medical outcome is for the victim.
We will work with you to make sure you understand what steps can be taken to recover financially. Typically, a claim may be filed on behalf of a victim for both economic and non-economic losses resulting from an injury. Some of the losses which may be claimed include:
- Wages lost – this means any wages a victim would lose as they recover from their injury. If a victim is unable to return to work, then experts would be able to help us determine what the lifetime of lost wages would be to include in the claim, such as the cost of insurance premiums and loss of retirement plan benefits.
- Medical care – taking care of someone who has a catastrophic injury can cost thousands of dollars a month in medical expenses. Before a claim is filed, an Albany catastrophic injury attorney would consult with the medical team of the victim to ensure they have a clear idea of the maximum medical recovery the victim could reach and seek guidance on what level of medical care the victim would require going forward.
- Non-economic losses – pain and suffering, loss of companionship, loss of guidance, and mental anguish all fall into this category of losses. These types of losses are subjective, and it is often one of the areas where insurance companies will fight back hardest.
Remember, every injury case is different. Even when two people suffer a traumatic brain injury (TBI), they will be impacted differently. The age of the victim, the type of accident they were involved in, and the overall health prior to the accident all play a role in the victim’s road to recovery.
Dealing with Insurance Company Adjusters
Victims or their families should never try to deal with insurance company adjusters on their own following any type of accident. This is particularly true if the accident involves a catastrophic injury. Insurance companies are not in the business of compensating victims. They are in the business of making money.
If you contact an insurance company about a catastrophic injury claim, they may make a quick settlement offer. This is not always the best offer you will get from them, despite what they may say.
These offers are designed to get the victim to accept something fast so the insurance company can shed the responsibility of future losses the victim and their family may face. The fact is, once they pay a settlement to the victim, they have no further liability to pay another dime – even when the losses continue.
Never accept an offer from an insurer without contacting a catastrophic injury lawyer in Albany. While it is true that in most cases a personal injury claim seldom winds up in court, having an experienced Albany catastrophic injury lawyer in Albany handle the negotiations with the insurer is still the best option for you to get the best settlement possible for your claim. This is what we do for victims. We negotiate with insurance companies so you can focus on recovery, or if you are the caretaker of a victim, you can focus on helping with their recovery.
Get the Legal Help You Need Today
If you or a loved one suffered a catastrophic injury in Albany, you need to get advice today about your rights. This is the time to learn about what John Foy & Associates attorneys can do for you. Your consultation is free, it is confidential, and you are under no obligation to hire us.