“Catastrophic injury” often comes up as a term in Georgia personal injury cases. So, it is essential to understand what the term means, especially if you seek to recover compensation in an insurance claim or personal injury lawsuit for harm inflicted on you by another.
A catastrophic injury is not just a bad injury. Instead, it is an injury so severe that it can alter an accident victim’s life. These injuries impact critical areas like the spine, spinal cord, and brain. They also include severe burns, birth injuries, or significant harm to the heart, lungs, or other internal organs.
A catastrophic injury can affect a patient’s mobility, independence, and financial well-being. However, when someone else’s negligence or other wrongdoing is to blame, victims of catastrophic injuries can hold that party liable for the significant consequences of the injuries on their lives and the lives of their loved ones.
What Makes Catastrophic Injuries Different Than Other Types of Personal Injuries?
All personal injuries create challenges for victims. When the injury is a catastrophic one, those challenges rise to a significantly high level. These injuries can lead to lifelong disabilities, substantial medical bills, and changes to your way of life. Unlike a sprain or a broken bone that can heal, catastrophic injuries can be permanent and require long-term (or even around-the-clock) care, rehabilitation, medication, assistive devices, and help with everyday tasks.
The stakes involved can make catastrophic injury claims complex. Victims may be entitled to substantial compensation for how the devastating injury has affected their lives. More is on the line for the at-fault party. So, if you file a catastrophic injury claim in Georgia, you can expect the other party’s insurance company to be highly motivated to fight your claim. In turn, working with an experienced personal injury attorney will be especially important.
What Are Some Common Causes of Catastrophic Injuries?
Catastrophic injuries arise from different circumstances. Often, they happen due to someone else’s negligence in entirely preventable accidents. Some of the most common causes of catastrophic injuries in Georgia include:
- Motor vehicle accidents — High-impact car accidents, truck accidents, motorcycle accidents, and other types of traffic crashes frequently result in catastrophic injuries, including traumatic brain injuries from the force of the impact. These severe injuries may also include concussions, skull fractures and cerebral hemorrhages. Such collisions can also damage the spinal cord, potentially leading to partial or complete paralysis.
- Workplace accidents — Construction site accidents are another leading cause of catastrophic injuries. Falls from elevated surfaces like scaffolding and ladders pose serious risks, potentially leading to fractures, concussions, or deaths. Exposure to hazardous substances can also cause health issues, including respiratory problems and chemical burns.
- Medical malpractice — Doctors and other medical professionals can make errors during surgery or childbirth that result in serious complications, including nerve damage, internal bleeding, or infections. These injuries often require additional medical treatment and extended recovery time. If it occurs during childbirth, medical errors can lead to trauma for the mother or infant, impacting their health and quality of life for years.
- Defective products—Defective consumer goods, such as household appliances and safety equipment, pose serious risks and can result in severe injuries. Malfunctioning appliances can overheat, causing burns or fires. At the same time, faulty safety gear may fail to protect users, resulting in catastrophic injuries, including amputations and permanent changes to a person’s quality of life.
- Fires and explosions — Severe burn injuries often result from direct exposure to flames, heat, or corrosive chemicals. While first- and second-degree burns are relatively minor injuries, third-degree burns cause more profound tissue damage that may require extensive surgeries and result in long-term complications.
What Are the Potential Long-Term Impacts of Catastrophic Injuries?
Catastrophic injuries have a significant impact that goes way beyond the initial shock of the accident. People with these injuries may face:
- Physical impairment — A catastrophic injury typically results in a permanent disability, such as paralysis from spinal injuries, loss of mobility, or cognitive impairments from brain injuries.
- Emotional trauma — Many catastrophic injury victims suffer from post-traumatic stress disorder (PTSD). The psychological toll of adjusting to a new way of life may also cause depression and anxiety.
- Financial strain — Lifelong medical bills, the need for expensive, specialized equipment, and the loss of wages from being unable to return to work can contribute to ongoing financial stress.
- Family burden — When accident victims suffer catastrophic injuries, families often become caregivers. They must shoulder significant physical, emotional, and financial responsibilities.
Who Can Be Held Liable for a Georgia Catastrophic Injury?
The person who causes a catastrophic injury may be liable — or legally responsible — for its consequences. It will depend on why the accident happened. Examples of parties who may be liable for causing an accident that resulted in catastrophic injuries include:
- Negligent drivers — In car accidents, the driver who caused the crash can be held responsible for the bodily injury and property damage that results.
- Employers — Employees injured on the job may be entitled to workers’ compensation. In some situations, employers may be liable for accidents that their employees cause.
- Property owners — Property owners who fail to take reasonable steps to fix or warn visitors of hazards on their property may be held responsible for any catastrophic injuries that result from their negligence.
- Manufacturers — Companies that make faulty products can be liable if those flaws cause someone serious harm or lead to the wrongful death of a consumer.
- Medical professionals — Doctors and other healthcare professionals must follow the accepted standard of care given their circumstances. When they breach this duty, and catastrophic injuries result from their negligence, they should be held accountable for their medical malpractice.
An experienced personal injury attorney in Georgia can thoroughly investigate the incident to identify all parties liable and help you pursue maximum compensation for your medical expenses, lost wages, pain and suffering, and other harm you have suffered.
What Compensation Could Be Recovered for a Catastrophic Injury Claim?
If someone else’s negligence or other wrongdoing causes you to sustain catastrophic injuries, you can demand they compensate you for your:
- Medical expenses — Emergency and ongoing treatment, surgery, hospitalization, medications, assistive devices, and rehabilitation.
- Lost income — Payment for lost wages while unable to work due to your injuries and compensation for any loss of future earning ability.
- Pain and suffering — Compensation that recognizes the catastrophic injury’s significant emotional and physical toll.
- Home modifications — Money to pay for wheelchair ramps, accessible bathrooms, and other necessary and related changes to your home and vehicles.
- Caregiver expenses — Compensation for in-home care or assistance with daily living activities
The goal of your personal injury claim is to make you “whole” again by recovering compensation that will allow you to live a life as close as possible to the one you had before your injuries. Since catastrophic injuries can have profound consequences, the at-fault party could owe you substantial compensation.
Contact a Georgia Personal Injury Lawyer
If you or someone you love has suffered a catastrophic injury in Georgia, the dedicated team at Sherrod & Bernard, P.C. is ready to support you on the road to recovery. With over 85 years of combined legal experience, our Douglasville personal injury lawyers prioritize your well-being and treat every client like family. We are passionate about fighting for justice on your behalf. Contact us today for a free consultation with a Georgia personal injury lawyer. Let us demand justice on your behalf.
