Catastrophic injuries differ from regular personal injuries in that they generally last longer and are far more severe. In Gwinnett County, a catastrophic injury is defined as an injury so severe that it prevents the injured party from ever resuming their pre-injury life.
Examples of catastrophic injuries include injuries to the brain, spine, and internal organs, as well as disfigurement, amputation, and birth injuries. Not only can the physical and emotional costs of such injuries be severe, but the financial repercussions may be enough to cripple a family’s savings. On top of that, many catastrophic injuries require victims to seek consistent medical care for the rest of their lives.
If you or someone you love suffered a catastrophic injury and you believe another party is responsible, contact a qualified personal injury attorney today. A Gwinnett County catastrophic injury lawyer could help you identify all possible sources of compensation you could pursue and provide steadfast legal assistance during this difficult time.
Negligence and Catastrophic Injuries
The majority of personal injury cases are based on legal negligence. In order for a catastrophically injured party to recover damages in a civil case, they must prove negligence on the part of the person or entity responsible for causing the accident that injured them.
First and foremost, the injured party must prove that the defendant owed them a duty of care to avoid injury or harm. Depending on the specific facts of the case, the standard of care the defendant should have met may vary. Once it is established that the defendant owed the injured party a duty of care, the injured party must prove that the defendant breached this duty by failing to meet the appropriate standard of care.
One of the more difficult elements of negligence to prove is that of causation, as the injured party must prove that the defendant’s negligence was both the actual and proximate cause of their injuries and any other subsequent damages. Damages can include physical, emotional or financial injuries, such as medical expenses, pain and suffering, and loss of quality of life. When proving negligence, consult with a Gwinnett County catastrophic injury lawyer for guidance and assistance.
Comparative Negligence Defense
Georgia law allows people injured by the actions of others to recover compensation in civil court, so long as they are found less responsible for their injuries than the third-party defendants in their case and the consequences of that negligence could not have been avoided by exercising reasonable care. This concept is known as comparative negligence.
Under Official Code of Georgia §51-11-7, the number of damages an injured party is entitled to will be reduced by an amount proportional to their own negligence. For example, if the injured party in a catastrophic injury case is found to be 40 percent responsible for the accident in question, any damages ultimately awarded to the injured party would be reduced by 40 percent. Speak with a Gwinnett County catastrophic injury lawyer for more information.
Calling a Gwinnett County Catastrophic Injury Attorney
The most important thing you could do after a catastrophic injury is to focus on the recovery process. However, because of the very nature of catastrophic injuries, any resulting legal cases can often be complex.
An experienced attorney could help advocate for your best interests throughout the entire legal process. If you or a loved one suffered a catastrophic injury due to someone else’s negligence, reach out to a Gwinnett County catastrophic injury lawyer as soon as possible for assistance with your case.