In the state of Georgia, a catastrophic injury is an ongoing medical condition so severe that the injured party cannot resume the life they led prior to the event that caused the injury. Severe damage to the brain, skull, spinal cord, or internal organs, or loss of a limb, disfigurement, or amputation could all be considered catastrophic injuries.
When someone suffers a catastrophic injury, it can have life-altering consequences—physically, emotionally, and financially. Medical bills may quickly add up, and other expenses could easily arise during the long and arduous recovery process.
If you were catastrophically injured in an accident, an experienced personal injury attorney could analyze your case and help you get the compensation you deserve. Get in touch with a Fulton County catastrophic injury lawyer to find out more.
Negligence and Catastrophic Injuries in Fulton County
A catastrophic injury may result from a number of different events. The most common types of accidents that cause catastrophic injuries include motor vehicle crashes, sports-related incidents, and birth injuries.
When someone suffers a catastrophic injury, they may be entitled to recover damages if they can prove someone else’s negligence caused their injuries. In Fulton County, negligence is defined under Official Code of Georgia §51-1-2.
In order for an injured party to receive compensation for their injuries, they must prove the four elements of a negligence claim.
Duty of Care
The duty of care someone may owe someone else depends on several factors, such as the relationship between parties, the relevant situation that could give rise to an injury, and the profession of the defendant. In general, however, a person owes a duty of care not to injure or cause harm to anyone in any foreseeable way.
Breach of Duty
A breach occurs when someone with a duty of care fails to meet the accepted standard of care. In a catastrophic injury case, the presence of this element of negligence this could be proven by the specific facts of the case or by expert witness testimony.
In a negligence claim, the injured party must prove causation. The injured person must prove that the injury would not have happened but for the defendant’s negligence—this is known as cause-in-fact.
The final element the injured party in a catastrophic injury claim must prove is damages. Damages is another word for injuries and may incorporate physical, emotional, and/or financial losses. An accomplished catastrophic injury attorney in Fulton County could help someone file a claim to recover damages.
Fulton County Statute of Limitations
According to O.C.G.A. §9-3-33, the statute of limitations for a person who suffers a catastrophic injury in Fulton County is two years. This means that in order to successfully file suit and pursue damages for a catastrophic injury, the injured person must file a claim within two years of the date the injury occurred.
Failure to file within this time period may bar a plaintiff from receiving any compensation whatsoever for that particular injury. As such, it may be very important to have the help of a Fulton County catastrophic injury lawyer to make sure this critical deadline is not missed.
Contacting a Fulton County Catastrophic Injury Attorney
A catastrophic injury can have devastating impacts on those involved—and because these injuries are by nature so severe and long-lasting, catastrophic injury cases can be complex. If you or someone you love suffered a permanent or long-term injury due to someone else’s negligence, a Fulton County catastrophic injury lawyer could provide experienced and dedicated counsel. Call today to get started on your case.