In personal injury law, a catastrophic injury is an injury that has devastating, often life-long consequences. Examples include spinal cord injuries, brain injuries, severe burns, or loss of a limb. Victims face costly medical bills and require extensive treatment and rehabilitation. They often are unable to work.
Georgia law gives you the right to seek compensation if you or a loved one suffered a catastrophic injury because of another’s carelessness or recklessness. However, these cases are complicated and the responsible party’s insurance company will do anything it can to escape liability or minimize your payout.
You need a skilled Union City catastrophic injury lawyer to handle your case. At The Law Offices of Gilbert Sperling, III, P.C., we will do all that is possible to ensure you get the compensation you are rightfully owed.
Call our offices today at 404-418-7816 to book a free, no-obligation consultation with a personal injury attorney in Union City. This gives you an opportunity to learn more about your legal options and get the answers to all the questions you may have.
What Is a Catastrophic Injury?
The chances are that you have heard the term “catastrophic injury” used, maybe during sports commentary or on a medical TV. However, what does it mean?
In personal injury law, a catastrophic injury is an injury that has devastating, often life-long consequences. The term “catastrophic injury” often refers to spinal cord injuries, brain injuries, severe burns, or loss of a limb.
These types of injuries lead to costly medical bills and require extensive treatment and rehabilitation. They often prevent a person from working.
Catastrophic Injury Statistics
According to a report by the National Spinal Cord Injury Statistics Center, a quarter of a million Americans are living with spinal cord injuries. About 12,000 people suffer spinal cord injuries every year. About 78% of those injured are men. The average stay for a person with a spinal cord injury is 15 days.
Auto accidents and motorcycle accidents are the top cause of spinal cord injuries, accounting for almost half of all new cases per year. Falls are the second-leading cause of spinal cord injury, with 27%, followed by violence, which accounts for 12%. Sport-related accidents follow with about 10%.
According to CDC brain injury statistics, there were approximately 223,135 hospitalizations for traumatic brain injuries in 2019. There were 64,362 TBI-related deaths in 2020.
What Are the Lasting Effects of Catastrophic Injuries?
The truth is that living with the lasting effects of a catastrophic injury is life-changing. You have to make changes in your daily lifestyle and often can’t enjoy all the same activities. A catastrophic injury also has devastating financial consequences.
Disabilities
Catastrophic injuries generally result in lasting physical disability and/or disfigurement. Examples include losing a limb, severe burns, or being paralyzed. This can have a profound negative impact on the victim’s personal and professional life.
If the accident caused brain damage, the victim will likely experience cognitive impairments and emotional problems. This can range from anxiety and depression to memory loss and mood swings.
Reduced Quality of Life
Victims of catastrophic injuries often suffer from depression and anxiety. In addition to the trauma of the accident, they must cope with financial hardships and disabilities that make enjoying the same hobbies difficult or impossible.
Employment Struggles
Victims who have suffered catastrophic injuries may be left unable to work. It will be difficult for them to complete their duties as before. Even if they are not totally disabled, they may not be able to earn the same amount.
Financial Hardship
All catastrophic injuries come with long-term medical care and treatment. Moreover, the injured victim may not be able to go back to work or earn the same amount as before the injury occurred. In such a situation, you will likely begin to see medical expenses begin to pile up.
Can I Sue for a Catastrophic Injury?
Yes! You have the legal right to file a civil case against an offender (the at-fault party) for your catastrophic injuries. However, you should note that proving a catastrophic injury case is not easy. You must prove the other party was negligent in order to establish liability.
The other party’s lawyer or insurance company will be everything possible to try and deny your claim or minimize the payout. This is why you need to hire a skilled Union City catastrophic injury lawyer.
Keep in mind that there is a time limit to file a catastrophic injury lawsuit. Under Georgia Code Section 9-3-33, victims must file a personal injury lawsuit within two years starting from the date of the accident.
If you fail to miss this deadline, you lose the right to seek compensation. The time frame can be shorter or longer based on several factors. Schedule a free consultation session with Attorney Gil to learn more about how the statute of limitations applies to your case.
How Do I Prove Fault in a Catastrophic Injury Case?
In order to recover compensation for a catastrophic injury, you must prove the following four elements of liability.
- Duty of Care: You will have to show the at-fault party owed you a duty of care. In other words, they had a responsibility to ensure your safety. For example, drivers have a duty to obey traffic laws.
- Breach of Duty of Care: You must show how the defendant breached the duty of care. This is where you provide evidence showing negligence or carelessness.
- Causation: You must prove the defendant’s negligence caused the accident and your injuries.
- Damages: You will have to show what injuries and losses you have suffered. Your attorney will present evidence like bills for medical treatment and rehabilitation expenses.
Georgia is a modified comparative negligence state. This means that you will only get compensation if you (the victim or plaintiff) are found to be less than 50% at fault for the accident. Your compensation amount will be reduced based on your percentage of fault. If you are found to be 20% at fault, you only recover 80% of the damages.
Why Do I Need a Lawyer for a Catastrophic Injury Claim?
Catastrophic injuries can have a devastating impact on your financial security and your life. It’s crucial to recover the full amount of compensation you’re entitled to. An experienced catastrophic injury lawyer in Union City, GA can help you do just that.
Here are some of the reasons to hire an attorney.
Gathering Evidence and Filing a Lawsuit
A catastrophic injury lawyer will gather all necessary evidence to support your compensation claim. This can include the police report, dashcam footage, witness testimony, and testimony from accident reconstruction specialists. Your attorney will also handle the process of filing your case.
Negotiations
The majority of catastrophic injury cases are resolved out of court through negotiations. Because a personal injury lawyer is highly skilled and experienced, they can accurately calculate the true worth of your case. This means that a lawyer is in a better position to negotiate a fair settlement for your injuries and damages.
Representation in Court
Sometimes negotiations fail. In such cases, the case will move to court. You have better odds of winning a case in a trial when you have an experienced lawyer by your side.
What Types of Damages Can I Receive in a Catastrophic Injury Lawsuit?
In Georgia, a catastrophic injury victim can potentially be awarded three types of damages.
Economic Damages
Economic damages are compensation for financial expenses or losses whose value can be easily proven. This can include medical expenses, lost income, rehabilitation expenses, future income loss, home modifications for a disability, and more.
Non-Economic Damages
These damages are intended as compensation for non-financial losses whose value can’t be calculated. Non-economic damages cover losses like pain, suffering, anxiety, disability or disfigurement, reduced quality of life, and more.
Punitive Damages
Punitive damages are not awarded in all cases. They are meant to punish the at-fault party for malicious or extremely reckless behavior. Georgia law normally limits punitive damages to $250,000. But the court can award punitive damages over this limit in drunk driving accident cases.
Call us to discuss your case with Attorney Gil.
Call a Union City Catastrophic Injury Lawyer Today!
In personal injury law, a catastrophic injury is an injury that has devastating, often life-long consequences. Examples include spinal cord injuries, brain injuries, severe burns, or loss of a limb. Victims face costly medical bills and require extensive treatment and rehabilitation. They often are unable to work.
If you or a family member has suffered a catastrophic injury in Union City, GA, you need to talk to an experienced professional. At The Law Offices of Gilbert Sperling, III, P.C., we have the skills and expertise to help you get fair compensation for your injuries.
All you have to do is book a free consultation session by calling us at 404-418-7816. We operate on a contingency fee basis, which means that you will not pay anything if we do not get you the compensation you are rightfully owed.
