Hampton
Catastrophic Injury Lawyer

Severe accidents can cause major injuries that impact a person’s ability to perform activities of daily living in the short or long term. Injuries that result in permanent damage and have significant impact on a person’s quality of life are often referred to as catastrophic injuries. 

If you or a loved one has experienced a life-changing, catastrophic injury, contact a skilled Hampton personal injury lawyer at John Foy & Associates right away. 

Catastrophic Injuries Versus Regular Personal Injury Claims

Many people have difficulty understanding the difference between catastrophic injuries and regular personal injury claims. Both can be incredibly serious, and both can occur due to another person’s negligence. Unlike regular personal injury claims, those who suffer from catastrophic injuries are unlikely to fully recover in the foreseeable future. 

Catastrophic injuries can leave a person with permanent physical or cognitive disabilities, disfigurements, or a loss of sight and hearing. Some examples of catastrophic injuries include:

• Traumatic brain injury
• Spinal cord injuries
• Nerve damage
• Loss of limbs
• Burns

All of these can also be considered regular personal injuries if the victim can make a full recovery, but that is unlikely in severe cases. Whether you have a regular personal injury or a catastrophic one, you may be able to receive compensation that can help you with recovery. 

Proving Negligence

Before you can receive compensation, however, you and your lawyer must prove that the other party was at least more responsible for causing the accident than you were. Georgia is considered a modified comparative negligence state, meaning that you cannot collect compensation unless the other party was over 51% responsible for the accident. It may sound strange that you can be assigned a percentage of the fault, but many accidents happen because more than one party used poor judgment in a given situation. 

If a judge finds you to be 40% responsible for the accident that caused your catastrophic injury, for example, you will receive 40% less compensation than you would have if you were deemed to have 0% responsibility. Receiving 40% less compensation is better than no compensation at all, but having an excellent lawyer on your side can help a judge see that the other person’s or company’s actions made up the majority of the fault. 

Possible Compensation for Catastrophic Injuries

In the aftermath of a catastrophic injury, individuals and families are likely to see bills pile up quickly. The good news is that compensation from your catastrophic injury case can help cover these costs and more. Some of the most common types of damages those suffering from catastrophic injuries receive include:

Medical Costs

Catastrophic injuries usually require long hospital stays, X-rays or other types of imaging, and surgery in the short term, as well as physical therapy, medical devices, and prescriptions in the long term. Before long, your medical costs may reach six figures. Most people are not able to pay bills like that out of pocket. Medical cost compensation gives you the money you need to pay off your medical bills, but usually only those related to the accident. 

When seeking medical cost compensation, be sure to keep your medical bill records organized in a logical fashion. This can help your lawyer make the best case for you when advocating for medical cost damages. 

Lost Wages

When your catastrophic injury leaves you unable to work in the short or long term, you may receive lost wages compensation. This can account for wages you lost before your case was brought to court or settlement and after.

In most cases, lost wages compensation is calculated by taking the number of hours you have (and will) miss, multiplied by your standard hourly wage. Even if you are self-employed, you still may be eligible to collect lost wages. 

If you are unable to work for the foreseeable future due to your injuries, you can collect disability compensation to provide you the money you would have made if you could have continued working. 

Pain and Suffering

Catastrophic injuries cause severe physical pain, but they can also lead to mental and emotional anguish as well. Pain and suffering damages compensate victims for the hardships they have endured due to their accident and subsequent injuries. The amount of pain and suffering each person experiences after a catastrophic injury varies widely, but your lawyer will fight on your behalf to get you the most compensation possible. 

Wrongful Death

If you lost your loved one in an accident after they suffered catastrophic injuries, you can collect wrongful death damages. These can help you cover the cost of the funeral, as you may be provided with some of the money they would have made from work if they had not passed away. It may make some people uncomfortable to accept money after their loved one passes away, but that money can be used to take care of the rest of the family in their absence. 

How Long do You Have to File a Claim?

Georgia’s statute of limitations state that victims have up to two years from the date of the accident to file a claim. We recommend filing a claim as soon as you are able, as many factors can slow down the process. If you fail to meet the two-year deadline, your case is likely to be thrown out, leaving you unable to collect damages. 

If you contact a lawyer right after your accident, they can help you file this paperwork and ensure it gets turned in on time. They may also be able to help you reach a settlement out of court, but they will fight for you if your case does reach the courtroom. 

Contact John Foy Today!

At John Foy & Associates, we have a team of highly skilled and experienced personal injury lawyers ready to help you with your catastrophic injury case. We have helped our clients take home over $1 billion in compensation over the last 20 years, and we want to help you get the money you deserve. If you have a legal question regarding your case, please contact us today.