Severe injuries are called “catastrophic” because of their substantial impact on a victim’s life. The psychological distress, debilitating physical injuries, and severe financial losses are often enough to turn a person’s life upside down.
If you are struggling to get through the days due to your devastating injuries and you do not know where to turn for help, a compassionate Powder Springs catastrophic injury lawyer at John Foy & Associates is here for you.
Let us take on your case. We will determine who is responsible for causing your damages and hold them accountable to the fullest extent of the law. Schedule a free consultation today to learn more about how much you could be awarded for your catastrophic injury damages.
Types of Catastrophic Injuries in Powder Springs
Catastrophic injuries can take virtually endless forms. Although many people are quick to assume that a catastrophic injury is one that is life-threatening, this may not necessarily be the case. In fact, in personal injury claims, a catastrophic injury is one that has a substantial impact on your life.
This could include a wide variety of injuries since injuries, and their effect on your life can be subjective. However, there are some types of injuries deemed catastrophic more often than other types of injuries. Some of the different types of catastrophic injuries you may be able to sue for include:
- Loss of pregnancy
- Traumatic brain damage
- Penetrating brain injuries
- Spinal cord injuries (SCIs)
- Paralysis and back injuries
- Loss of limbs or dismemberment
- Disfiguring skin scars
- Severe post-traumatic stress disorder (PTSD)
These are only a few of the different types of injuries that may be considered catastrophic. Generally, any type of injury that has made it difficult or impossible for you to earn a living, provide for yourself or your family, or complete daily living activities may be considered catastrophic. Your catastrophic injury attorney in Powder Springs, GA, will evaluate the severity of your injuries and the effects on your life to determine whether you have grounds for a lawsuit.
Get the strong arm
Grounds for a Powder Springs Catastrophic Injury Lawsuit
If you hope to move forward with a catastrophic injury lawsuit, your catastrophic injury lawyer in Powder Springs, GA, will need to show that the defendant was negligent and you suffered damages. Here is more:
The vast majority of personal injury lawsuits are based on negligence. Here, the liable party must have owed you a duty of care. This means they have a responsibility to ensure your safety either directly or indirectly.
Next, the defendant must have breached their duty of care in some way. This can also be direct or indirect. Your lawyer will need to introduce evidence that proves the defendant’s liability based on a preponderance of the evidence.
Proving negligence is not enough for your catastrophic injury claim to be successful. Your catastrophic injury attorney in Powder Springs will also need to demonstrate how substantially your life has been affected by your damages.
Catastrophic injuries are known for turning victims’ lives upside down. It is not uncommon to experience extreme psychological distress, debilitating injuries, and exorbitant financial losses related to catastrophic injuries. Your lawyer can introduce compelling evidence to demonstrate the severity of your injuries so the courts see how significantly your life has been affected by the defendant’s actions.
How to Prove the Value of Your Catastrophic Injury Damages
To prove not only the value of your catastrophic injury claim but also the defendant’s negligence, your attorney will need to introduce powerful evidence to support your case. There is a wide variety of evidence that could be used to prove damages and negligence, some of which could include:
- Photos of your catastrophic injuries
- Video footage of the accident that caused your catastrophic injuries
- Statements from your family and friends that describe the severity of your injuries
- Statements from your physician that detail your prognosis and the impact your catastrophic injuries have had and will continue to have on your life
- Medical records and quotes for anticipated medical equipment
- Police and accident reports
How Much Could You Be Awarded in Your Catastrophic Injury Claim?
There are virtually endless losses you have the right to be compensated for when you have suffered a catastrophic injury. Your Powder Springs catastrophic injury lawyer will go over your damages at length to ensure each and every loss is taken into consideration accordingly. There are a variety of damages you could be awarded for a catastrophic injury, some of which include:
Economic vs. Non-Economic Damages
Also commonly known as compensatory damages, economic and non-economic damages will encompass all of the ways you have been affected by your catastrophic injuries. Economic damages describe your monetary damages, while non-economic damages describe your lifestyle and emotional losses.
Examples of both economic damages and non-economic damages often awarded in catastrophic injury claims include:
- Loss of consortium
- Reputational damages
- Loss of enjoyment of life
- Pain and suffering
- Diminished earning capacity
- Loss of income
- Medical costs and equipment fees
- Property damages
Laws Affecting Your Catastrophic Injury Settlement Payout
There are multiple personal injury laws in the state of Georgia that could have a significant impact on the outcome of your catastrophic injury claim. These laws include:
Statute of Limitations
Make sure your catastrophic injury lawsuit is filed before the statute of limitations expires. Georgia law only allows for a maximum of two years to pass before this deadline. If you miss it, you lose your chance to have your case heard in the Powder Springs civil courts.
The state of Georgia follows a modified comparative negligence system with a 50% threshold. If you are more than 50% responsible for causing the accident, you lose your opportunity to recover your damages. However, if your percentage of fault is less than 50%, expect your injury settlement to be reduced in proportion to your percentage of the blame.
Call a Powder Springs Catastrophic Injury Attorney for Legal Support Today
Seeking compensation after a catastrophic injury in Powder Springs can seem like too much to handle. However, when you have a legal advocate handling the details of your case, you will not have to worry about insurance or civil claims.
We will fight to bring the liable party to justice while you recuperate from your injuries. Schedule a no-cost, risk-free consultation with an experienced Powder Springs catastrophic injury lawyer at John Foy & Associates today. You can reach us by phone or through our quick contact form to get started.