Out of every possible injury sustained from an incident, catastrophic injuries are among the most damaging and debilitating. Accident victims most likely end up with a permanent disability and possible lifetime rehabilitation.
Stress is high for catastrophic injury survivors and their family members, and it’s mostly not easy to know whom to turn to in the wake of such a life-threatening incident and looming financial burdens. Fortunately, there’s hope if someone else’s negligence, recklessness, or criminal actions caused your injuries, as you can file a personal injury claim.
If you’re in Cumming and have been subjected to life-changing injuries or a person you know has experienced the same, you’re on the right site. Our Cumming personal injury attorneys’ team comprises experienced lawyers dedicated to fighting for your justice and fair compensation. So speak with us about your situation today.
What Qualifies As a Catastrophic Injury?
Before everything else, you must first ascertain whether your injury qualifies to be called “catastrophic.” In essence, the degree of severity is the primary element distinguishing such damages from others. It’s tough to recover from these types of injuries, and in most cases, it’s impossible to attain full recovery.
“Catastrophic injury” isn’t a specific legal phrase, so there’s nothing that you must prove in court to recover damages. Instead, what links these injuries is that they cause debilitating, long-term symptoms and have a longer recovery process. Other factors that make an injury catastrophic are:
- Permanent disability
- The need for constant assistance or live-in care
- Permanent loss of quality of life
- Examples of catastrophic injuries include:
- Severe burns
- Organ damage
- Disfigurement or limb loss
- Traumatic brain injury
- Blindness
- Spinal cord injury
These injuries may require several surgeries and extensive rehabilitation. They may also lead to life-long physical changes.
Who Is Financially Liable for Your Catastrophic Injuries?
Catastrophic injuries are costly, and the short- and long-term costs could exceed six figures. You don’t have to carry this burden if someone else’s actions or negligence caused your injury.
In Cumming, you can file a personal injury claim and demand compensation from the responsible person. Your attorney will carefully analyze and evaluate the circumstances surrounding the incident, and use the findings to determine why you were hurt, the cause, and the financially liable party.
This ultimately depends on the elements of the incident, but the following parties could be liable for your injuries:
- Manufacturers
- Pedestrians or cyclists
- Motorists
- Employers
- Businesses
- Transit agencies
- Property owners
Our experienced Cummings catastrophic injury attorneys will define and protect your rights and do everything to grant you the deserved compensation.
What Are the Legal Options in a Cummings Catastrophic Injury Case?
The at-fault party and insurance providers will do everything to downplay your suffering and injuries. They always want to limit your case’s value and minimize the amount to pay out as a settlement. Fortunately, your attorney will take you through the possible legal channels to compensate for your catastrophic injuries.
The possible damages include:
Economic Damages
The court awards economic damages to make up for the direct and verifiable financial costs a victim suffers in an accident. They include:
- Hospitalization costs
- Therapy and surgery expenses
- Medication
- Reduced earning capacity
- Current and future hospital bills
- Medical devices
- Lost earnings during treatment and recovery
- Therapy and rehabilitation
Non-Economic Damages
Apart from the economic damages, catastrophic injuries also cause relatively complex consequences that cannot be assigned a dollar value. These implications are profoundly intimate and personal and may include:
- Depression
- Post-traumatic stress disorder
- Emotional distress
- Pain and suffering
- Scarring
- Embarrassment
- Chronic pain
- Loss of enjoyment of life
- Loss of consortium
It’s relatively tricky to value non-economic injuries because they affect people differently. That’s why the damages cause the most contention during settlement negotiations. Fortunately, our attorneys will work with qualified experts to ascertain the current and future non-economic damages.
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Georgia Comparative Fault Rules
Georgia uses the comparative fault concept to ascertain each party’s fault level and the possible settlement. This rule can eliminate or reduce the awarded damages if the court finds you partially or mostly at fault for the accident and resultant injuries.
For instance, if the court awards $15,000 as the total compensation amount, but the court finds you 25% at fault, you’ll part with 75% of the $15,000, which is $11,250.
Courts must apply this rule in personal injury cases, but don’t be surprised if this issue comes up when negotiating a settlement with the insurance adjuster.
What’s the Deadline for Filing a Catastrophic Injury Lawsuit in Cumming?
The statute of limitations determines how much time you have left to file a civil lawsuit for personal injury. The rule is highlighted in Georgia Code section 9-3-33 and states that you have up to two years to file the claim. Notably, this time limit begins to run on the exact date of the incident.
It’s essential to pay attention to this timeline requirement set by Georgia’s injury statute of limitations. When you file the lawsuit after this window closes, you may not get to present your case in court. Even if you do so, this discrepancy alone is enough to render the at-fault party free of accountability, even if they’re fully responsible for the unfortunate incident.
Notably, if a government employee or agency is directly linked to the accident that caused your catastrophic injuries, you’ll follow a different set of rules to gain compensation. You’ll begin with filing a formal claim with the relevant government agency then wait for the response. Our team can help you with the process.
Let a Qualified Attorney Handle Your Case
You’re entitled to adequate compensation if you experienced a catastrophic injury. The same applies to relatives who lost a loved one because of devastating damages caused by another party’s negligence.
However, the entire process of getting justice and compensation isn’t as cut and dry. You’ll have to deal with at-fault parties who constantly deny fault and uncooperative insurance adjusters who only want to provide the lowest settlement amount possible.
In this case, hiring a Cumming catastrophic injury attorney from John Foy & Associates can be your best shot at getting a favorable case outcome. In Cummings, only a few personal injury attorneys can match our expertise and dedication. So you don’t have to search anymore.
Speak with us so that our professionals can evaluate your case for free.
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