Catastrophic injuries often have a substantial impact on the victims’ lives. If your injuries have had a profound impact on your life emotionally, physically, psychologically, or financially, you may have the right to total compensation for your damages. However, with injuries this severe, pursuing your case without legal support may be impossible.
Fortunately, when you contact a compassionate North Decatur catastrophic injury attorney at John Foy & Associates, you can begin to rebuild your life. Our firm will focus on the legalities so you can heal from your injuries and learn to cope with the lasting effects. Find out more about what is next for your catastrophic injury claim when you contact our office for a free consultation.
How to Tell if Your Injury Is Catastrophic
For many catastrophic injury victims, it is not clear that their injuries are severe enough to warrant a personal injury lawsuit in North Decatur. However, after going over the circumstances of your case, if your injuries have had a substantial and lasting impact on your life, you may have grounds for a catastrophic injury lawsuit.
It should be noted there are some types of injuries that may be considered catastrophic more often than other types of injuries. Some examples of injuries that may be considered catastrophic include:
- Traumatic brain injuries, such as penetrating brain injuries, diffuse axonal brain injuries, concussion, hematoma, stroke, or other brain damage
- Compound fractures and broken bones that limit your ability to participate in activities or hobbies you did before the accident
- Spinal cord injuries, including paralysis, tetraplegia, hemiplegia, monoplegia, broken or fractured vertebrae, back injuries, and herniated discs
- Emotional injuries, including post-traumatic stress disorder (PTSD), extreme depression, anxiety, panic disorder, and agoraphobia
- Internal injuries and organ failure or loss of an organ or body function
- If you were pregnant at the time of the accident, the loss of your unborn child
These are only a few of the types of injuries and losses that may be considered catastrophic in North Decatur. If you are still unsure whether your injuries warrant legal action, do not hesitate to reach out to our office to find out what options may be available to you.
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Grounds for a Catastrophic Injury Claim
Did you know the type of injury you were diagnosed with is not necessarily what will determine whether your injury is considered catastrophic or whether you have grounds for a claim?
However, if you are hoping to pursue a catastrophic injury lawsuit, your personal injury claim will need to meet specific criteria. These requirements include:
- Showing that someone else is responsible for causing your catastrophic injury or resulting damages
- Showing that you have endured considerable losses as a result of another party’s negligence
Proving Negligence and Liability
For your civil lawsuit to be successful, your catastrophic injury lawyer in North Decatur, GA will need to prove the defendant’s negligence and liability. To do this, we will need to show that the elements of negligence have been met as follows:
- The person responsible for causing your accident owed you a duty of care
- The person responsible for causing your catastrophic injuries made a decision or failed to make a decision that ultimately breached their duty of care
- The breach in the duty of care was the cause of your catastrophic injuries and subsequent damages
- You have endured considerable damages and catastrophic injuries as a result of the defendant’s negligent actions
The burden of proof in personal injury claims is based on a preponderance of the evidence. To prove liability, the evidence presented will need to leave a little doubt in the minds of the judge and jury that the defendant is more than likely at fault for your damages. Examples of such evidence that could be used to prove liability in a catastrophic injury claim include:
- Phone records
- Forensic evidence
- Photos of injuries
- Video of the accident
- Witness statements
- Expert testimony
- Accident reconstructionist reports
- Chemical blood alcohol test results
- Safety inspection logs
- Police reports
Common Accidents Causing Catastrophic Injuries
Under the worst circumstances, there are virtually endless types of accidents and incidents that have the potential to cause catastrophic injuries. With that being said, there are some types of accidents we see more often when individuals are suing for catastrophic injuries. Examples of such accidents could include:
- Motorcycle accidents
- Construction accidents
- Car accidents
- Factory accidents
- Medical malpractice
- Slip and fall accidents
- Swimming pool accidents
- Commercial truck accidents
- Bus accidents
- Bicycle accidents
- Work-related accidents
If you suffered injuries in another type of accident we did not list above, you may still have the right to compensation for your catastrophic injuries and damages. Be sure to contact our team to learn more about who should be brought to justice.
Recoverable Damages in Catastrophic Injury Claims
Recovering maximum compensation for a catastrophic injury is essential. Catastrophic injuries will have the greatest impact on your life as a whole. For this reason, ensuring the liable party covers all of your losses in their entirety will be of utmost importance.
You might be surprised to learn about some of the different types of losses that may be recovered in catastrophic injury claims. Examples of such damages could include:
- Compensation for damage to your credit score and report
- Restitution for the embarrassment and shame you feel due to your disfiguring injuries
- The costs of your mental health counseling, physical therapy, co-pays, transportation costs, and future medical care
- The emotional distress, pain and suffering, and turmoil you experienced as a result of the accident
Contact a Catastrophic Injury Attorney in North Decatur
The catastrophic injury claims process can seem overwhelming when you are still in the throes of your recovery. Fortunately, when you have an experienced North Decatur catastrophic injury lawyer at John Foy & Associates in your corner, you can get the legal support and advice you need when you need it most.
Fill out our convenient contact form or call our office