A person may suffer catastrophic injuries that result in long-lasting or permanent disabilities, pain, and suffering. A Roswell catastrophic injury lawyer could pursue financial damages to aid in your recovery and help compensate for your losses. An experienced injury lawyer could help you make sure you have the resources you need.
Examples of Catastrophic Injuries
A Roswell attorney could advocate for individuals dealing with a range of catastrophic injuries including herniated discs, disfigurement, amputation, electrocution, blindness, paralysis, and burn injuries. Other common types of catastrophic injuries that could result in claims include spinal cord injuries, traumatic brain injuries, and broken bones needing screws, plates, pins, and/or rods.
Common types of accidents that may lead to catastrophic injuries include the following:
- Motor vehicle accidents;
- Medical malpractice;
- Dog bites;
- Nursing home abuse;
- Slips and falls; and
- Pedestrian accidents.
Damages That May be Recovered
A catastrophic injury lawyer in Roswell may be able to help a person recover several types of damages for their losses. These may include economic damages, non-economic damages, and punitive damages in some instances.
Economic damages refer to losses that may be easily calculated and have a specific assigned dollar amount. Examples of economic damages include medical costs, lost income, and property damage. Non-economic compensation refers to damages that do not have a specific tangible value such as the loss of life enjoyment, disfigurement, loss of spousal companionship, and pain and suffering.
Finally, there may be rare circumstances in which a court would award punitive damages to the injured party above and beyond the compensation mentioned. Whereas economic and non-economic damages are designed to compensate a plaintiff for the losses they have suffered, punitive damages punish a defendant for especially egregious actions and serve as a disincentive for similar future misconduct.
Roswell Comparative Fault Rules
Georgia courts defer to the modified comparative fault rule when awarding damages in cases where both the injured party and the defendant are partially to blame for the accident. The modified comparative fault rule may reduce or entirely eliminate a victim’s total damage award depending on the percentage of fault they are assigned.
If an injured party is 49 percent or less to blame for the accident that caused their losses, they could still recover damages, but their compensation may be diminished according to their share of fault. In the event the court finds that the injured party is 50 percent or more to blame, they could be totally barred from recovering compensation.
Deadline to File a Catastrophic Injury Lawsuit
Georgia law establishes a specific statutory deadline for personal injury cases which limits the amount of time a plaintiff has to file a lawsuit for damages. Georgia Code § 9-3-33 states that a personal injury lawsuit must be brought within two years of the accident.
If an injured party attempts to file a claim after the two-year deadline, the court may refuse to hear their case. A well-versed attorney who is familiar with the time limits governing catastrophic injury claims could ensure all legal deadlines are met.
Consult with a Roswell Catastrophic Injury Attorney
If you or a loved one endured a catastrophic injury, do not hesitate to seek out a Roswell catastrophic injury lawyer who could help you determine whether you may have a claim to compensation. To find out more, set up your case consultation today.