PRIMARY SERVICE AREAS > Gwinnett County > Catastrophic Injury
Catastrophic Injury
Catastrophic Injury Attorney in Gwinnett County
A catastrophic injury is a serious, often permanent trauma that often results from a sudden accident. Catastrophic injuries could include paralysis, spinal trauma, brain damage, serious burns, and a variety of other ailments. If you have suffered a similar injury as the result of another person’s negligence, a Gwinnett County catastrophic injury lawyer could help you pursue financial compensation. Contact a skilled personal injury attorney to learn more.
What are Common Types and Costs of Catastrophic Injuries?
A catastrophic harm is one that permanently disables or inflicts severe bodily harm, according to the National Center for Catastrophic Sports Injury Research (NCCSIR). Critical, catastrophic harms include traumatic brain injury, disfigurement, paralysis, severe burn, and spinal cord injury, among others.
A catastrophic injury is so severe, that it often affects all areas of life. These extreme changes to life as it once was can cost a person financially, as well as physical, emotionally and psychologically.
One bad moment can change your life. We're here to make it right.
Statute of Limitations (O.C.G.A. § 9-3-33): Two years from the date of the crash to file a lawsuit. Fault-Based System (O.C.G.A. § 51-1-6): Georgia follows an at-fault system—whoever caused the crash is liable. Comparative Negligence Rule (O.C.G.A. § 51-12-33): If you’re less than 50% at fault, you can still recover damages (reduced by your percentage of fault).
Negligent Acts That Caused a Catastrophic Injury
A person who suffers a catastrophic injury may wish to file a lawsuit against an entity whose negligence was the legal cause of their acute and lasting harms. To do so, a claimant will need to prove that the defendant failed to meet the required standard of care for the circumstances, resulting in a catastrophic injury.
In Gwinnett County, the limit to file a catastrophic injury claim is generally two years from the date of the accident. Spouses who are severely affected by what the catastrophic injury has done to their family may pursue damages for loss of consortium, which has a longer limitation of four years in Gwinnett County.
Only married persons are allowed to sue for loss of consortium in Gwinnett County. Nonmarried partners may need to pursue other forms of damages within the two-year statute of limitations.
Are There Compensatory Damages for Critical Injuries?
Catastrophically injured victims may accumulate significant medical bills and may need to hire round-the-clock, home nursing care. Additionally, individuals who sustain a traumatic brain injury may need additional therapies to help improve losses to their speech and balance.
Critical and grave harms might also remove a claimant from the workplace altogether or limit their ability to perform their career of choice. A plaintiff may seek to recover these lost earnings, as well.
In addition to medical bills and lost income, traumatically injured plaintiffs might also pursue non-economic damages. Because of the major impact that a catastrophic injury makes on one’s life, a claimant may request that a negligent defendant pay damages for loss of enjoyment of life and mental anguish. A catastrophic injury lawyer in Gwinnett County could talk with individuals about relevant noneconomic damages.
Punitive Damages in a Catastrophic Injury Suit
Although punitive damages, or exemplary damages, are not available to many Gwinnett County plaintiffs, they may be available to catastrophically injured plaintiffs under certain aggravating circumstances.
Also referred to as “vindictive” damages, punitive damages may only be awarded in a catastrophic injury case if any of the following are proven by clear and convincing evidence:
- Willful misconduct
- Conscious indifference to consequences
- Malice
Because catastrophic injuries may involve egregious conduct, a catastrophic injury attorney in Gwinnett County could discuss the pursuit of exemplary damages with individual claimants at an initial consultation.
Our 6-Step Litigation Process
Summons & Complaint
Services of Process
Defendant’s Answer
Client Involvement
Elements to Prove (First Party No-Fault, MedPay/PIP, Third Party Auto)
Negligence (Treatment)
Interrogatories
Request to Produce
Subpoena Medical Records
Motions
Depositions
Experts
Meet with Doctors
Witness List
Attempt Settlement
Prepare for Trial
NOTE: A case can settle at any time during this process. Very few cases go all the way to trial.
See More of Our Legal Insights
Accident Tips
Make an Appointment with a Gwinnett County Catastrophic Injury Attorney
You may be able to receive monetary reimbursement for your catastrophic injury, and a Gwinnett County catastrophic injury lawyer could help. Contact the law offices of a Gwinnett County attorney today to schedule a consultation and receive an evaluation of your case.
Get In Touch
Schedule Your Free Legal Consultation Today
Learn about Scott Pryor Law Group and Our Commitment to Justice
The Scott Pryor Law Group is a firm that fights for you, your family, friends, and loved ones.
We fight for you even if you do not have health insurance or the ability to pay out-of-pocket for medical or other specialized treatment. We can help. You do not pay us out-of-pocket, and we only get paid if we win!
If you are interested in achieving the best possible results in your legal matter, The Scott Pryor Law Group will bring a wealth of skill and experience to your case. Our abilities have allowed us to achieve a notable record of success, inclluding the nation’s highest honor for trial attorneys, the Litigator Awards, recognizing us as the top 1% of trial attorneys in the nation.
