Some injuries heal. Others permanently change the course of a person’s life.
A catastrophic injury can affect your ability to walk, communicate, work, care for yourself, or live independently. Instead of several months of medical treatment, you may face a lifetime of surgeries, rehabilitation, medications, and personal care.
That makes calculating damages in a catastrophic injury case very different from evaluating a relatively minor injury claim. The question is not simply how much you have already spent. Your attorney may also need to determine what the injury could cost you and your family over the next several decades.
Georgia law permits injured people to seek compensation for losses caused by another party’s negligence. Future medical expenses are a recognized category of damages when supported by sufficient evidence.
What Is a Catastrophic Injury?
There is no single type of injury that makes a personal injury case “catastrophic.” The term generally describes an exceptionally severe injury that causes permanent or long-lasting consequences. A catastrophic injury may prevent someone from returning to their previous career, leave them dependent on help with daily activities, or cause lasting physical or cognitive impairments.
Examples can include:
- Traumatic brain injuries
- Spinal cord injuries
- Paralysis
- Amputations
- Severe burns
- Organ damage
- Loss of vision
- Permanent nerve damage
- Severe birth injuries
- Neurological injuries
- Multiple traumatic injuries
- Other permanent disabilities
The financial consequences of a catastrophic injury do not always end when someone leaves the hospital. An injured person may require ongoing specialized medical care, mobility equipment, home modifications, rehabilitation, or assistance with daily activities.
These long-term needs and their associated costs must be considered when determining the value of a catastrophic injury case.
What Can Cause a Catastrophic Injury in Georgia?
Catastrophic injuries can result from many forms of negligence. Some happen instantly in serious accidents. Others occur because a medical condition was improperly treated, diagnosed too late, or allowed to progress.
Potential causes include:
- Car accidents
- Commercial truck crashes
- Motorcycle accidents
- Pedestrian accidents
- Medical malpractice
- Birth injuries
- Surgical errors
- Construction accidents
- Dangerous property conditions
- Defective products
- Workplace accidents
- Falls from significant heights
In these cases, identifying the cause of the injury is only the beginning. Your attorney must also determine who may be legally responsible and establish a connection between that party’s negligence and the catastrophic harm you suffered.
How Are Damages Calculated in a Catastrophic Injury Case?
There is no formula that determines exactly what a catastrophic injury case is worth. Instead, your attorney evaluates the losses caused by the injury and the impact those losses may have on your future.
A catastrophic injury claim may require looking years or even decades ahead. Evidence used to calculate damages can include:
- Medical records
- Medical bills
- Physician opinions
- Rehabilitation plans
- Employment records
- Wage information
- Tax returns
- Life-care plans
- Vocational assessments
- Economic projections
- Testimony about your daily limitations
The goal is to calculate compensation based on the full impact of the injury, including both current losses and those you are expected to experience in the future.
How Are Future Medical Expenses Calculated?
Future healthcare costs can make up a substantial portion of a catastrophic injury claim. Someone with a permanent disability may need ongoing treatment and care for the rest of their life.
Depending on the injury, future care could include:
- Surgeries
- Specialist appointments
- Physical therapy
- Occupational therapy
- Prescription medications
- Prosthetic devices
- Wheelchairs
- Home healthcare
- Psychological treatment
- Rehabilitation
- Home modifications
Under Georgia law, necessary expenses resulting from an injury are recoverable as damages, which may include future medical expenses when adequately supported by evidence. Medical experts may explain what treatment and care you are reasonably expected to need. A life-care planner may then organize those anticipated needs and estimate their long-term costs.
Can You Recover Damages for Pain and Suffering?
Yes. The consequences of a catastrophic injury extend far beyond financial losses. Suppose you lose a leg because of someone else’s negligence. Your hospital expenses and lost earnings may be substantial, but they do not tell the complete story.
You may also experience chronic pain, difficulty sleeping, loss of independence, emotional distress, and limitations on activities that were once an important part of your life.
Non-economic damages can address losses such as:
- Pain and suffering
- Emotional distress
- Mental anguish
- Physical impairment
- Permanent disability
- Scarring or disfigurement
- Loss of quality of life
These damages cannot be calculated by simply adding up receipts. Instead, evidence may be used to show what your life was like before the injury and how it has changed since.
Contact Malone Law Medical Malpractice and Severe Injury Lawyers After a Catastrophic Injury in Georgia
The value of a catastrophic injury case cannot be determined by looking only at today’s medical bills. A severe injury may create losses that continue for decades. Future healthcare costs, lost earning capacity, permanent disability, pain and suffering, and loss of independence can all affect the value of a claim.
If you or someone you love suffered a catastrophic injury due to negligence in Georgia, you may be entitled to compensation. Contact Malone Law Medical Malpractice and Severe Injury Lawyers for a free consultation with a Georgia catastrophic injury lawyer. We can investigate what happened, gather evidence, calculate your current and future losses, and pursue compensation on your behalf.
We proudly represent injury victims across Fulton County, including Atlanta and surrounding communities in Georgia.
Malone Law Medical Malpractice and Severe Injury Lawyers
2 Ravinia Dr NE Suite 300
Atlanta, GA 30346
(770) 390-7550
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