Pursuing a case for damages after a paralysis injury can be difficult and time-consuming. In addition to the usual intricacies of the legal system, the plaintiff may not be in any physical or mental condition to go through the process alone. It is wise to hire an experienced paralysis attorney who could help with every aspect of a catastrophic injury case. Call to learn about the various steps in an Atlanta paralysis injury case and handle the day-to-day tasks associated with a claim.
Preparing for a Case
Following a severe accident, it is wise to retain the services of an experienced attorney. A lawyer must first understand how the accident happened by obtaining evidence such as photos, documents, or videos of how the injury occurred. For example, in a car wreck case, a lawyer should seek out the police report, any dash camera or body camera footage from the police, and footage from any surveillance cameras that may have captured the accident. The attorney might send out letters asking anyone who witnessed the injury or who may have caused the injury to preserve evidence.
In cases involving premises liability and inadequate security at an apartment complex or other business, a lawyer could obtain evidence about how the injury occurred from witness statements and surveillance video.
Once an attorney is able to determine that the paralysis was caused by the negligence of another individual or entity, they could proceed to obtain medical evidence about the injury itself, including whether lifelong treatment will be required. That evidence could also include testimony from friends and family members to explain how the injury has affected the plaintiff’s daily life. Testimony from a treating physician or other medical expert might be used in order to demonstrate that the paralysis is incurable and may require lifelong treatment.
The Role of the Plaintiff
The injured person could help gather evidence by explaining to their lawyer how the injury happened and where they received their medical treatment. They must also be able to explain how their injury has affected them on a day-to-day basis. If the injured person cannot explain what happened, friends, family members, or witnesses may be able to provide that information instead. By providing as much information as possible regarding their condition, it could allow their lawyer to move forward in collecting evidence that might show what happened and prove that it was caused by the negligence of another person. The plaintiff might also testify in a deposition in order for the court to fully comprehend the extent of how the paralysis has affected them.
Determining Liability Following an Accident
In order to establish liability, the attorney must use evidence to show how the injury occurred. Common evidence used to establish liability includes photos and video, witness testimony, police reports, and medical records.
There are cases in which an injury does not immediately cause paralysis. For example, an injury to an ankle might result in surgery where the patient contracts Guillain-Barre Syndrome, which could eventually lead to paralysis. The person who caused the ankle injury might then be held liable for the paralysis. A local lawyer could help the plaintiff assess where liability should be placed.
Could the Injured Party Be Held Liable?
Georgia uses a comparative fault system, meaning liability can be placed upon the injured party under certain circumstances. If the plaintiff is found to be partially at fault, their compensation award may be reduced. In Atlanta, the injured party cannot recover compensation if they are found to be 50 percent or more responsible for their injury. If their share of liability is less than 50 percent, they can still recover compensation but it will be reduced by the percentage of fault they are assigned.
Obtaining Life Insurance for a Paralysis Injury
A lawyer could help a paralyzed person obtain a long-term life insurance plan to pay for expenses. Additionally, the injured person may not be able to work, adding further financial strain. An attorney might be able to obtain a life care plan that will show the expected cost of treatment and inability to work over time. This could be presented in an injury case to allow the paralyzed person to recover enough funds to sustain treatment into the future.
In some cases, it is also possible to obtain a life insurance plan that could pay long-term care benefits and cover the cost of treatments. Some insurance companies will avoid providing long-term care or life insurance to someone who has suffered paralysis paralyzing injury. However, lawyers could potentially have connections that can help find an insurance company who will provide that type of coverage.
An Attorney Could Guide You Through the Steps in an Atlanta Paralysis Injury Case
If you or someone you know has been diagnosed with paralysis after an accident, you have options for legal recourse. With the aid of a seasoned local attorney, you could be briefed and prepared for the various steps in an Atlanta paralysis case. For a free consultation, call today to begin your pursuit of justice.