Working with a catastrophic injury lawyer makes the claim, settlement, and litigation processes more accessible and allows injured accident victims to focus on their physical and emotional recovery. If you’ve just begun researching your rights and options after a catastrophic accident, the information below can provide valuable insight as you determine the best way forward.
What Makes an Injury Catastrophic?
While Georgia doesn’t provide an official legal definition of what makes an injury catastrophic for personal injury cases, 42 USC § 3796b of the United States Code defines catastrophic injury as one that permanently prevents the injured party from performing gainful work. Further, the Georgia Department of Public Safety defines a serious bodily injury as one that causes severe permanent disfigurement or impairment or loss of any bodily organ or member.
While these definitions are not directly related to Georgia personal injury claims, they can provide some guidance in the absence of any specific state legislation defining catastrophic injury. A catastrophic injury lawyer is your best resource for individualized guidance on your injury case.
This list is incomplete. You may still be entitled to file a catastrophic injury claim if you’ve suffered an injury not included above. If you have questions about your catastrophic injuries, a lawyer with experience in similar cases can clarify the requirements and processes you’ll likely face in your Georgia accident claim.
Catastrophic injuries harm more than the accident victim. The long-term and life-altering effects of such injuries also impact families and loved ones. Recovering fair compensation for the harm that’s been caused does more than provide much-needed financial relief in a time of immense stress and upheaval; it also provides the justice and closure that people need to motivate them forward in their healing process.
Filing a Georgia Catastrophic Injury Claim
Any personal injury claim in Georgia must be initiated within two years. This timeframe for filing a lawsuit is called the statute of limitations, and there are limited exceptions to this two-year rule. The filing deadline is different for cases that involve injuries to reputation and loss of consortium, which is when the victim’s injuries deprive them of companionship, intimacy, and affection associated with close relationships. However, most catastrophic injury victims have two years from the date they were injured to file a claim for damages. A judge may toll or pause the statute of limitations in Georgia in some circumstances, such as:
Injured parties should not assume that a judge will pause their timeframe for filing because failing to meet the deadline may result in losing the right to file a claim at all.
Georgia allows courts to award the following types of damages in catastrophic injury cases:
Economic damages compensate victims for financial losses, such as lost income, medical expenses, and property damage. Non-economic damages involve losses that do not have an easily quantifiable value. Damages like diminished quality of life, mental anguish, and chronic pain are non-economic. Punitive damages are intended to punish the at-fault party for intentional, malicious, or egregiously negligent behavior, but courts rarely award punitive damages in personal injury cases.
Contact an Atlanta Catastrophic Injury Lawyer
When you are facing an uncertain or challenging recovery process after a catastrophic accident, you need an advocate who will fight relentlessly for your rights. Our catastrophic injury attorneys have extensive experience representing injured clients and giving them the empathy, dedication, and expertise they deserve. Contact Flanagan Law today to schedule a free consultation.
