Catastrophic injuries have life-altering consequences for injured victims and their families in Atlanta, GA. Recovering compensation for all damages can help you and your family as you continue to adjust to the changes caused by a tragic accident or injury. Our Atlanta catastrophic injury lawyers are pioneers in the field of personal injury law.
Since 1965, our Atlanta medical malpractice lawyers at Malone Law have been fighting for the rights of injured victims and their families. With decades of experience and thousands of cases won, Malone Law has a reputation as one of the top-rated medical malpractice law firms in Atlanta. Our attorneys have recovered hundreds of millions of dollars in personal injury settlements and record-setting jury verdicts.
Contact Malone Law or call (770) 390-7550 to schedule your free consultation with one of our experienced Atlanta catastrophic injury attorneys. We are prepared and ready to handle the most complicated personal injury cases involving catastrophic injuries.
How Malone Law Can Help if You’ve Sustained a Catastrophic Injury in Atlanta
Every accident has the potential to cause catastrophic injuries. The person or company responsible for causing your injury should be held liable for the damages they cause. At Malone Law, we are focused on holding negligent parties accountable for their wrongdoing.
Lead Attorney Thomas Malone is among the few lawyers to be certified by the American Board of Professional Liability Attorneys in medical professional negligence. Our attorneys are also recognized by leading national organizations, including Best Lawyers and Super Lawyers. At Malone Law, we devote 100% of our efforts and resources to protecting your right to fair and just compensation after a medical malpractice or personal injury.
When you hire our top-rated Atlanta medical malpractice lawyers, we will handle all aspects of your catastrophic injury case, including, but not limited to:
- Complete a comprehensive investigation to determine how you were injured and identify each party responsible for your damages
- Work with leading experts to gather evidence and determine the extent of your damages, including medical specialists, trucking industry experts, financial professionals, and accident reconstructionists
- Diligently document each of your damages to determine how much your catastrophic injury case is worth
- Prepare and file all documents related to insurance claims and personal injury claims
- Negotiate personal injury settlements and go to trial, when necessary, to obtain maximum compensation for your case
We understand that you have been through a traumatic event. It is unfair that you suffer because of another person’s wrongful acts or negligence. You deserve to be compensated for all damages in full.
Contact Malone Law to discuss your case with an experienced catastrophic injury lawyer in Atlanta, Georgia. Your initial consultation is confidential and free.
We accept cases on a contingency fee basis. That means we will only receive payment for attorney’s fees after recovering money for your claim. Contingency fees remove the stress of worrying about how you will pay an attorney for help – hiring us costs you nothing upfront.
What Is a Catastrophic Injury?
Catastrophic injuries are defined as injuries that result in permanent impairments or functional disabilities. Catastrophic injuries can also result in temporary functional disability with complete recovery. Examples of catastrophic injuries include, but are not limited to:
- Spinal cord injuries
- Internal organ injuries
- Traumatic brain injury
- Amputations and loss of limbs
- Complex fractures
- Severe burn injuries
The injuries tend to involve the spine, brain, or internal organs. A catastrophic injury could result in total and complete disability or partial disability.
What Damages Are Available for a Catastrophic Injury Claim in Atlanta?
Catastrophic injuries result in substantial financial damages. Treating and caring for someone with a catastrophic injury is costly. A person could require lifelong medical, nursing, and/or personal care.
Furthermore, these injuries often result in disabilities and impairments. Therefore, the person might be unable to return to work after a catastrophic injury. Over a person’s lifetime, loss of income damages could total millions of dollars.
Georgia personal injury laws provide compensatory damages for injured parties. You can receive reimbursement for your monetary losses and expenses, including, but not limited to:
- Hospitalizations and surgeries
- Rehabilitative care and therapies
- Medical bills from doctors, hospitals, medical facilities, and other medical providers
- Medically-necessary home and vehicle alterations
- Lost wages and benefits, including future decreases in earning capacity
- Medications and medical supplies
- Medical devices and equipment
- Out-of-pocket expenses
- Long-term nursing and/or personal care
In addition to receiving compensation for economic damages, you can also recover compensation for pain and suffering damages. These damages are called non-economic damages. They include:
- A decrease in your quality of life
- Loss of enjoyment of life
- Mental anguish and emotional distress
- Physical pain and discomfort
- Impairments and disabilities
- Scarring and disfigurement
Your non-economic damages can be challenging to prove. Everyone experiences injuries differently.
Keeping and pain and suffering journal can help your attorney prove non-economic damages. Use the journal to keep details of your recovery, including your pain levels, activities you cannot perform, your emotional state, and other details that explain how your injuries negatively impacted your life.
Can I Recover Compensation for a Catastrophic Injury if I’m Partially To Blame for Causing My Injury?
Georgia uses a modified comparative fault law for damages. Each party is held liable for damages based on their degree of fault. Therefore, if you have no fault for the cause of your injury, you should be entitled to compensation for 100% of your damages.
However, suppose a jury gives you $2 million for a truck accident claim. Further, suppose the jurors decide you are 20% to blame for causing the truck crash. In that case, you could only receive 80% of the compensation granted for damages.
Georgia does place a bar on comparative fault claims. If you are 50% or more to blame for causing your injury, you cannot recover any money for your claim.
Insurance companies and at-fault parties try to use comparative negligence to avoid liability for your claim. You can protect yourself by allowing an attorney to handle all communications with the insurance company and other parties. You should also seek immediate medical care after a catastrophic injury to give yourself the best chance of fully recovering and avoid claims of failure to mitigate damages.
How Long Do I Have To File a Claim for Catastrophic Injuries in Georgia?
Deadlines for filing personal injury lawsuits are set by Georgia’s statute of limitations. Most personal injury claims based on negligence have a two-year statute of limitations in Georgia. However, there are exceptions.
For example, the deadline to file claims and lawsuits is different if a minor is injured or a government entity is involved in the case. Also, injuries that are not discovered immediately could result in an extension of the deadline.
If you do not file a lawsuit before the statute of limitations expires, the judge could dismiss your case. Therefore, seeking legal advice as soon as possible after an accident or injury is always in your best interest. Our Atlanta medical malpractice lawyers will calculate and monitor the statute of limitations for your case.
What Causes Catastrophic Injuries in Atlanta, GA?
Catastrophic injuries happen for many reasons. Typically, negligence (carelessness) is the culprit, but not always. Examples of situations that could result in a catastrophic injury claim include, but are not limited to:
- Car accidents
- Motorcycle crashes
- Medical malpractice
- Injuries caused by defective products (product liability claims)
- Slip and fall accidents (premises liability)
- Bicycle accidents
- Workplace injuries
- Pedestrian accidents
- Truck accidents
- Dog bites and animal attacks
- Amusement park accidents
- Drownings
- Construction accidents
The party who caused the accident or injury is responsible for your damages. However, injured victims have the burden of proving fault to establish liability.
What Do I Need To Prove To Win a Catastrophic Injury Claim in Georgia?
Most catastrophic injury cases are based on general negligence. Negligence is failing to use the same standard of care that a prudent person would use in a similar situation. Winning a negligence case requires you to prove:
- The company or person responsible for causing your injury owed you a duty of care
- They breached the duty of care through their omissions or actions
- Their contact was the direct and proximate cause of your injury
- You suffered harm and damages because of the breach of duty
You must prove your case by a preponderance of the evidence. The jury must believe there is more than a 50% chance that the other party caused your injury. Otherwise, they might decide the party is not liable for your injuries.
Other causes of action in catastrophic injury cases include strict liability, intentional torts, and vicarious liability. The person who caused your injury could be liable. However, their employer and other parties could share liability for the claim as well, depending on the circumstances.
Schedule a Free Consultation With Our Atlanta Catastrophic Injury Lawyers
You are not alone after sustaining a catastrophic injury in Atlanta. Our trusted legal team at Malone Law is here to help you. We’ll handle every aspect of your catastrophic injury claim while you focus on your recovery.
Call now for a free case review from an experienced Atlanta catastrophic injury attorney. Let us help you get the money you need and deserve.
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