According to HG.org, catastrophic injuries are those that exceed a certain recovery time before the victim can resume their normal activities or result in a permanent inability to perform gainful work. Most states in the United States fail to offer specific definitions for how long an injury should last to be referred to as a catastrophic injury. Nevertheless, catastrophic injuries typically last 30 or more workdays.
In South Fulton, you have the right to file a lawsuit if another person’s or institution’s actions, lack of care, or negligence cause you or a family member serious injuries or illnesses. Comprehensive personal injury lawyers in South Fulton can help you with this. While catastrophic injury lawsuits are often related to lost workdays and wages, they also encompass limitations to the victim’s family life.
The Process to Get Compensation for a Catastrophic Injury
If you or a loved one are the victim of a severe and potentially catastrophic injury, you need to take the appropriate action to ascertain your wellbeing. Depending on the incident that caused the injury, there are different steps you need to follow to access the appropriate damages. For instance, if you are suffering from an unlawful car accident injury, the steps to file for damages are different from those for an injury caused by a defective product.
Typically, the first step after sustaining a severe injury is calling 911 and getting immediate medical attention. It is not only a critical step in any unlawful injury claim, but it is also often lifesaving to get your injuries tended to as soon as possible. After ensuring that you or any individual involved in the accident receives the appropriate medical care, assess the damages and gather information relating to the incident.
Some of the most important information includes insurance details and the names and contact details of victims, witnesses, and other parties involved. It is also important to take images or video recordings of the scene to solidify your claim. Get in contact with an experienced catastrophic injury lawyer and discuss your legal options based on the evidence and information available.
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What Are the Grounds for Filing a Catastrophic Injury Claim?
There are three general grounds on which personal injury claims (including catastrophic injury claims) can be brought.
Negligence
When injuries are a result of the defendant’s failure to adhere to the normal level of care that would have avoided the accident under similar circumstances, there are grounds to file for damages.
Strict Liability
Regardless of the liable party’s intent or state of mind, strict liability holds them accountable for any action that leads to injuries or illness. For instance, companies that sell defective products are responsible for any harm caused by the product, regardless of their intent.
Intentional Wrongs
An intentional act of the defendant, including battery, assault, trespass, false imprisonment, and infliction of emotional distress, gives you grounds to file for damages.
How Can a South Fulton Catastrophic Injury Attorney Help in Your Catastrophic Injury Lawsuit?
Most personal injury claims are settled before they go into the trial phase. Nevertheless, an experienced catastrophic injury attorney in South Fulton will work hard to get you the best results possible, regardless of whether it ends in a settlement or is settled through trial. The first advantage of hiring an attorney early on in your catastrophic injury claim is their ability to gather information to strengthen your case.
Your attorney can also review settlement offers from the defendant’s lawyer and advise you on how to proceed. Since initial offers are often rejected, you may need the help of a competent catastrophic injury lawyer in South Fulton to get the best settlement possible. Your attorney will often wait for the full scope of your losses and injuries to be clear before accepting a settlement offer.
If your attorney fails to get you a satisfactory settlement deal, they can proceed to prepare you for the lawsuit. This will necessitate filing a complaint, which is a legal document that lists your legal arguments and the facts that support them. A complaint also includes the types and estimated amount of compensation you demand.
Types of Compensation for Catastrophic Injury Claim
There are various damages awarded to a victim of catastrophic injury. The type and amount of compensation awarded after a lawsuit depend on the specific injuries and the circumstances that led to them. Nevertheless, most damages for catastrophic injury include the following:
- Medical bills for initial treatment of the injury and continued care
- Loss of current or future income
- Costs of additional care
- Loss of household services
- Shortened life span
- Pain and suffering
- Loss of quality of life
Calculating damages for a catastrophic injury is also highly dependent on the facts and circumstances of your accident. An initial step in determining damages for a catastrophic injury is having your lawyer consult actuaries, accountants, and other financial experts to estimate the costs of your expenses for the injuries. These not only include current expenses but also estimated expenses for the duration of the injury and its impacts.
In some jurisdictions, courts will also grant punitive damages to the victim. Punitive damages are awarded by the judge or jury on top of compensatory damages with an aim to punish the guilty party for the victim’s suffering. However, not all states grant punitive damages, and even in the jurisdictions that award them, not all cases warrant the reward.
Hiring the Right South Fulton Catastrophic Injury Lawyer
Filing a catastrophic injury lawsuit is often an overwhelming and lengthy procedure. The help of an experienced personal injury lawyer can be invaluable to you and your family, particularly if you are still undergoing medical procedures due to your injury. A John Foy lawyer can also help you determine if you are entitled to damages, depending on the circumstances of your accident.
Contact us today to get a free consultation and kick-start your lawsuit with one of the most comprehensive personal injury lawyers.
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