Catastrophic injuries happen to people every day, causing months or years of rehabilitation accompanied by permanent changes in one’s lifestyle. And that catastrophic injury often comes at the hands of another.
Unintentional accidents happen through the negligence of a driver, a store employee, or even by a medical professional. If this has happened to you or a member of your family, you need a personal injury lawyer in Roswell to help you get compensation for your injuries. In Roswell, Georgia, contact John Foy & Associates.
What Is a Catastrophic Injury?
“Catastrophic” means causing great suffering or damage. It is not a legal term, or a medical one, except when it is applied to an injury. A catastrophic injury is one so severe that it will take a long time to heal, if ever.
The emotional toll can be as excruciating as the physical one. Catastrophic injuries can cause temporary or permanent disability and the need for part-time or full-time care.
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What Compensation Can You Receive for Catastrophic Injuries?
Whether you suffered injuries from a vehicle accident, a workplace accident, or a medical accident, you have the right to take those responsible to court to seek justice for your injuries. The amount and type of compensation depend on the situation causing you injuries.
In Georgia, you can seek economic, non-economic, and punitive damages.
These are damages that come with a price tag. Your economic damages may include:
- Medical expenses at the time of your injury
- Future medical treatment
- Lost wages and benefits
- Loss of future income
- Cost of additional care such as an in-home aide
These damages do not have a cost factor but are based on your emotional losses and distress. Non-economic damages may include:
- Physical pain and suffering
- Mental anguish and post-traumatic stress
- Loss of quality of life
- Loss of companionship or consortium
If a judge, or jury finds the defendant to have acted out egregiously through willful misconduct or malice, you could also receive punitive damages.
Punitive damages are a source of punishment for the defendant and aid to prevent similar actions in the future. You, the plaintiff, benefits by receiving a portion of the award. Georgia has a cap on punitive damages of $250,000 and a judge may award any amount up to that figure.
Who Can Be Found Legally Responsible for a Catastrophic Injury?
Depending upon what type of accident caused your injuries, different people or businesses can be held responsible. Catastrophic injuries are expensive due to their immediate and long-term care. The insurance coverage of those responsible will be key to your receiving compensation.
Individuals and businesses which could be held responsible include a:
- Manufacturer of a defective product
- Vehicle driver of a car, truck, or bus
- Truck or bus company owner
- Store owner
- Property owner
- Government agency
- Doctor, nurse, or another health professional
- Pharmaceutical company
- Your employer
To help determine who was responsible and hold them accountable, you need an experienced catastrophic injury lawyer in Roswell.
How an Experienced Legal Team Can Help
A professional legal team led by a knowledgeable catastrophic injury lawyer will thoroughly investigate and build your legal case. A catastrophic injury has turned your life upside down. At John Foy & Associates, we understand that.
Our personal injury attorneys are familiar with the court system in Roswell and Georgia state laws. We will help you get proper compensation for your financial burden and the physical and emotional stress you have been through.
We Offer a Free Initial Consultation
Let’s get together and go over your accident and potential case. Whether you come to us or one of our Roswell catastrophic injury attorneys comes to you, we will need you to provide:
- When and where your injuries happened
- Your recollection of what happened leading up to the incident
- Any official documentation of the incident
- Witness contact information
- Copies of your medical records from the emergency department, test results, x-rays, surgery reports, therapy reports, and subsequent medical visits
- Copies of your medical bills to date
- Copies of any other expenses incurred because of the incident
Providing this information will allow your lawyer and legal team to analyze the incident causing your catastrophic injury and determine your legal case.
To win a catastrophic injury case, your catastrophic injury attorney in Roswell needs to prove fault. That fault does not necessarily mean intent to cause harm. Fault can be an accident. In most accidents, the fault is the result of negligence.
Modified Comparative Negligence
In a Georgia courtroom, more than one party can be at fault in an accident, and in that case, a percentage of fault is assigned to each party. For example, if you suffered catastrophic injuries from an automobile accident and are found 25% at fault for the accident, you could still be entitled to 75% compensation for your damages.
Can Your Case Be Settled Out of Court?
Many personal injury accidents are settled before going to court. In a catastrophic injury case, the stakes are high. The defendant’s insurance company will likely try any method to get you to settle for as little as possible.
Because the value of your case could reach easily reach six figures or more, you need an attorney who will stand your ground for you. You need someone with experience negotiating in and out of the courtroom.
If you are partially to blame for the incident, you may need to go to court to prove what little you had to do with the injuries you have suffered. Additionally, if you feel your injuries were caused by the intent of the other party for which you are seeking punitive damages, your case will go to trial.
Choosing the Best Roswell Catastrophic Injury Lawyer for You
If your injuries were sustained in Roswell, you need a local attorney to handle your case. You also want someone who can be forceful when seeking your compensation.