Suffering from a paralysis injury can be a shocking, life-altering event. Not only could the physical injuries be devastating, but the emotional distress and financial impacts that accompany a paralysis injury may be severely demoralizing as well.
Paralysis is considered a catastrophic injury in the state of Georgia. A catastrophic injury is a medical condition considered so severe that it leaves the injured person unable to resume the life they led before the injury. As such, it differs from a regular personal injury in both severity and longevity.
If you were involved in an accident that someone else caused and are suffering from paralysis as a result, you may be eligible to receive compensation. A Fulton County paralysis injury lawyer could help analyze your case and structure a strong civil claim if you choose to pursue restitution. Call today to schedule a consultation with a determined catastrophic injury attorney.
What is Paralysis?
Damage to the spinal cord may cause a variety of injuries, but when the damage is particularly severe, it can lead to paralysis. Paralysis is an inability to move, touch, and feel with part or all of the body.
Categories of paralysis are differentiated by what parts of the body are paralyzed, as well as where along the spine the injury occurred. In a nutshell, paraplegia is paralysis of the lower half of the body, and quadriplegia is paralysis of all four limbs.
Some of the most common causes of paralysis injuries arise from events that involve sudden severe impacts to the spine. These may include car wrecks, accidents at the workplace, slip and falls, sports injuries, and defective products.
Negligence in Fulton County
Fulton County defines negligence under Official Code of Georgia §51-1-2. If an injured party can prove that the defendant in their civil suit acted negligently and caused their injuries in accordance with this definition, they may be able to recover damages.
There are four basic elements of negligence: a duty of care, a breach of that duty, actual and proximate causation, and damages. The injured party in a paralysis injury case has the burden of proving each element of negligence. Additionally, the statute of limitations for personal injuries is only two years from the date of the injury, according to O.C.G.A. §9-3-33. A Fulton County paralysis lawyer could help an injured individual with assigning fault and filing a claim within the two-year limit.
What Are Recoverable Damages?
When someone is injured in an accident, they may be entitled to recover damages. If an injured party is successful in proving negligence, they may be able to recover for physical, emotional and economic damages for losses such as medical expenses, pain and suffering, lost income, and emotional distress.
Fulton County does not set a cap on the amount of damages an individual can recover for their personal injuries. However, the state of Georgia does follow a comparative negligence rule, which may reduce the amount of damages awarded in a civil case, if the defendant can prove the injured party was partially at fault for the accident that led to their injuries.
Under O.C.G.A. §51-11-7, the amount of damages the injured party may be entitled to may be decreased in proportion to the amount they were negligent. For instance, if the injured party was 45 percent negligent and the defendant was 55 percent negligent, the final settlement awarded to the injured party would be reduced by 45 percent.
Speaking to a Fulton County Paralysis Injury Attorney
If you suffer an accident that leaves you paralyzed as a result, contact a Fulton County paralysis injury lawyer today. A qualified attorney with prior experience litigating personal injury cases could help you get the compensation you deserve. Call today to schedule a consultation.