Atlanta Catastrophic Injury Attorney for Severe Injury Cases

ATLANTA CATASTROPHIC INJURY VICTIM LAWYER

Atlanta Catastrophic Injury Attorney for Severe Injury Victims

Because of the extreme impact of catastrophic injury cases on a person’s life, these are not the sort of legal matters that can be approached haphazardly without the aid of experienced legal counsel.

Defendants and insurance companies have a much greater vested interest in fighting these high-value claims than typical injury claims. Often, the amount of damages (how much will be paid) is as fiercely contested — if not more — as the question of liability itself (the legal responsibility to pay).

It is important that victims work with a legal firm that understands how to engage in successful negotiations with defendant corporations, property owners, and insurers, and what evidence will be needed to prevail at trial, if necessary. The Atlanta catastrophic injury attorneys at Apolinsky and Associates are here to help you by reviewing your case.

What Are Catastrophic Injuries?

A catastrophic injury is one that involves permanent changes in the life of an accident victim, such as physical disability and the ability to earn a living. It happens suddenly and without warning, has long-term ramifications, and leads to a decreased quality of life, chronic pain, the need for long-term or ongoing medical treatment, or even a shortened lifespan. Catastrophic injuries also impact the victim’s family, who may depend on the victim as the breadwinner.

Injuries that resulted from someone else’s negligence, criminal actions, or recklessness may mean you can recover compensation for your injuries. That’s why it’s important to work with an experienced Atlanta catastrophic injury lawyer to ensure that your case is thoroughly investigated, including the possibilities of potential financial recovery.

The Official Code of Georgia (§34-9-200.1) description of these injuries for Workers’ Compensation includes:

  • Spinal cord injuries
  • Amputation of an arm, leg, hand, or foot, and the loss of use
  • Severe brain injuries, or “closed head injuries” that lead to cognitive issues
  • Second or third-degree burns over 25 percent of the entire body, or third-degree burns to 5 percent or more of the hands or face
  • Total or “industrial” blindness (so that someone is unable to pursue an occupation)
  • Other injuries that prevent someone from performing their usual occupation or any other type of occupation

Like any accident that leads to injuries, a plaintiff must prove negligence on the part of the defendant, and that the defendant failed to provide the reasonable care owed. An attorney will gather all relevant evidence, including police reports and photographs, speak with and interview witnesses, and investigate the cause of your accident.

Proving Negligence & Causation in Catastrophic Injury Cases

The first step after any accident involving the spinal cord is to seek immediate medical attention. Documenting your injury from the earliest stages, from the initial emergency assessment to follow-up care, is crucial to supporting your case.

Regardless of the accident that caused you to suffer a catastrophic injury, proving your case is essential to winning and getting fair compensation. In order to do so, you will need to establish negligence by showing that:

  • A duty of care existed, and the defendant owed you a level of responsibility
  • The defendant breached the duty of care and responsibility
  • That breach directly caused your injuries
  • You suffered damages that resulted from the breach of care

Under GA Code § 9-3-33, the statute of limitations holds that injured parties have two years to bring personal injury claims forward. After two years, a court will dismiss your claim. Oftentimes, insurance companies will engage in stalling techniques to avoid paying you anything. It is important to begin working with a Georgia personal injury attorney experienced in dealing with catastrophic injury claims as soon as possible to build your case.

Compensation & Damages Recoverable in Catastrophic Personal Injury Cases

In cases of catastrophic injuries, victims will also incur catastrophic losses, including:

  • Medical expenses, current and future
  • Property damage
  • Loss of income
  • Loss of future income
  • Pain and suffering, including emotional well-being

In some cases, you may also be able to collect punitive damages. Punitive damages are damages that are awarded to punish someone for their actions that led to your accident through their own negligence. These can include a drunk driver, a landlord or property owner who fails to provide adequate security, or a negligent employer that allows unsafe conditions.

Catastrophic injuries generally include medical-related expenses such as:

  • Emergency medical care, including an ambulance for transport to the emergency room following an accident
  • Surgery and post-surgery medical care
  • Hospital bills, including those from medical providers
  • Follow-ups with physicians, specialists, physical therapists, and others
  • Treatments, prescriptions, and diagnostics (X-Rays, etc.)
  • Rehabilitation, including physical or occupational therapy
  • Home health care and in-home assistance
  • Adaptive physical devices, such as wheelchairs, ramps, and vehicle modifications

In some cases, an accident victim may be able to undergo retraining for a new career, but not always. Occupational evaluation and retraining may help some who are unable to work in their chosen career. Once they reach a level of recovery, retraining will also take time to complete for re-entry into the workforce. Not everyone is able to begin working again after such an injury.

That is why it’s vital to understand your own future healthcare needs when considering a financial settlement. Without enough, you won’t be able to provide for your own needs as well as your family’s going forward.

Insurance companies do not have your best interests in mind. As a business with a bottom line to protect, they are prepared to either deny your claim outright or give you the least amount of money possible. Many companies find ways to deny your claim outright, engage in stalling, or convince you that your case isn’t worth as much as you think. If you accept an insurance company’s offer, there is no way to go back and get more. You likely won’t have enough to take care of yourself and your family.

This is why we strongly suggest that you work with legal counsel to handle your claim. An experienced Atlanta catastrophic injury lawyer can help you navigate the process by working on your behalf to negotiate with the insurance company. Don’t speak to an insurance adjuster yourself. You may inadvertently say something that jeopardizes your claim. The right lawyer will also prepare your case for court if the insurance company refuses to cooperate.

Common Types of Catastrophic Injuries

  • Back, Neck or Disc Injuries Case Icon
    Back, Neck or Disc Injuries

    Catastrophic back, neck, and disc injuries can cause severe pain, limit quality of life, and result in significant expenses. When such injuries are the fault of a third party, you may be liable for compensation.

    Read More

  • Broken Bones Case Icon
    Broken Bones

    If a bone fracture has life-altering consequences, it can be considered catastrophic, resulting in significant financial and emotional losses. If the catastrophic bone fracture was the result of another’s negligence, it is essential to obtain legal counsel.

    Read More

  • Spinal Cord Injuries Case Icon
    Spinal Cord Injuries

    Victims of catastrophic spinal cord injuries will undergo extensive financial damages. If another’s negligence caused your catastrophic spinal cord injury, it’s important to ensure your damages are accurately evaluated.

    Read More

  • Eye Injuries Case Icon
    Eye Injuries

    Catastrophic ocular trauma (injuries to the eyes) have the potential to entirely upend your life. If you’ve suffered a catastrophic eye injury due to another’s negligence, you may be entitled to recover compensation from the responsible parties.

    Read More

  • Paraplegia / Quadraplegia Case Icon
    Paraplegia / Quadraplegia

    If you have suffered a catastrophic injury that caused paraplegia or quadriplegia as a result of negligence on the part of a responsible party, you may be liable for compensation for your injuries.

    Read More

  • Loss of Limb/Amputation Case Icon
    Loss of Limb/Amputation

    When a catastrophic amputation is caused by negligence, workplace accident, or violence, it may be possible to successfully pursue financial compensation from the responsible party.

    Read More

  • Traumatic Brain Injury Case Icon
    Traumatic Brain Injury

    Catastrophic injuries can easily result in TBI, causing lasting impairment, disability, or even death. If you have suffered a catastrophic TBI due to another’s negligent or criminal actions, you may have grounds for a claim.

    Read More

  • Burn Injuries Case Icon
    Burn Injuries

    Survivors of catastrophic burn injuries sustain scarring, life-long disabilities, and adjustment difficulties. Defendants liable may be ordered to compensate a plaintiff for the physical pain caused, loss of wages, and even emotional pain.

    Read More

Common Types of Catastrophic Injuries

  • Back, Neck or Disc Injuries Case Icon
    Back, Neck or Disc Injuries

    Catastrophic back, neck, and disc injuries can cause severe pain, limit quality of life, and result in significant expenses. When such injuries are the fault of a third party, you may be liable for compensation.

    Read More

  • Broken Bones Case Icon
    Broken Bones

    If a bone fracture has life-altering consequences, it can be considered catastrophic, resulting in significant financial and emotional losses. If the catastrophic bone fracture was the result of another’s negligence, it is essential to obtain legal counsel.

    Read More

  • Spinal Cord Injuries Case Icon
    Spinal Cord Injuries

    Victims of catastrophic spinal cord injuries will undergo extensive financial damages. If another’s negligence caused your catastrophic spinal cord injury, it’s important to ensure your damages are accurately evaluated.

    Read More

  • Eye Injuries Case Icon
    Eye Injuries

    Catastrophic ocular trauma (injuries to the eyes) have the potential to entirely upend your life. If you’ve suffered a catastrophic eye injury due to another’s negligence, you may be entitled to recover compensation from the responsible parties.

    Read More

  • Paraplegia / Quadraplegia Case Icon
    Paraplegia / Quadraplegia

    If you have suffered a catastrophic injury that caused paraplegia or quadriplegia as a result of negligence on the part of a responsible party, you may be liable for compensation for your injuries.

    Read More

  • Loss of Limb/Amputation Case Icon
    Loss of Limb/Amputation

    When a catastrophic amputation is caused by negligence, workplace accident, or violence, it may be possible to successfully pursue financial compensation from the responsible party.

    Read More

  • Traumatic Brain Injury Case Icon
    Traumatic Brain Injury

    Catastrophic injuries can easily result in TBI, causing lasting impairment, disability, or even death. If you have suffered a catastrophic TBI due to another’s negligent or criminal actions, you may have grounds for a claim.

    Read More

  • Burn Injuries Case Icon
    Burn Injuries

    Survivors of catastrophic burn injuries sustain scarring, life-long disabilities, and adjustment difficulties. Defendants liable may be ordered to compensate a plaintiff for the physical pain caused, loss of wages, and even emotional pain.

    Read More

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Georgia Catastrophic Injury Lawsuit FAQs

How Much Is My Catastrophic Injury Case Worth?

In asking, “how much is my case worth?” plaintiffs must consider that while the overall value of any Atlanta personal injury claim depends largely on the severity of injury suffered, the true extent of damages in catastrophic injury claims may not be fully apparent right away.

The value of a catastrophic injury case goes beyond just the medical bills for trauma care and initial hospital stay, which in and of themselves can be ongoing for a lifetime. Costs incurred include:

  • Other costs related to care.
  • Wage loss, job loss, and loss of earning power.
  • Permanent disabilities and health issues.
  • Loss of life quality.
  • Emotional pain and suffering.
  • Loss of consortium (spouse and children).

Determining damages is a complex matter in these cases, and there’s no one-size-fits-all answer for this. An experienced injury attorney can conduct a thorough analysis of your injuries – causation and extent – and help you determine a ballpark estimate. Often in catastrophic injury cases, it will meet or exceed six figures.

Should I Hire a Catastrophic Injury Attorney?

What Is The Statute Of Limitations For A Catastrophic Injury Lawsuit?

In simple terms, the statute of limitations is the amount of time you have from when your catastrophic injury occurs until when you must file a lawsuit.  The case does not have to conclude by the statute, it just has to be filed before the statute runs out. There are a number of factors that go into the statute of limitations so, if you want to pursue a civil claim, you are advised to contact a lawyer.

In Georgia, GA Code § 9-3-33 holds that the statute of limitations for civil injury claims is just two years. After two years, a court will dismiss your claim. Oftentimes, insurance companies will engage in stalling techniques to avoid paying you anything. It is important to begin working with a Georgia personal injury attorney experienced in dealing with catastrophic injury claims as soon as possible to build your case.