Catastrophic Injuries & Wrongful Death
Few experiences in life are more painful than watching a loved one suffer, or worse, pass away. But when catastrophic injuries or death occur as the result of someone else’s negligent actions, the pain can become unbearable. Catastrophic injuries are life-changing injuries that usually occur suddenly and without warning. They can be physical and psychological, resulting in long periods of incapacitation, or permanent disabilities. A catastrophic injury often comes with a very difficult recovery process, multiple surgeries, and possibly a lifetime of medical and psychological treatment. These injuries not only impact the victim’s lifestyle forever, but that of their families as well.
Georgia Code (O.C.G.A. § 34-9-200.1) identifies catastrophic injuries as follows:
Spinal cord injury involving severe paralysis of an arm,
a leg, or the trunk.
Amputation of an arm, a hand, a foot, or a leg involving the effective loss of use of that appendage.
Severe sensory or motor disturbances from a severe brain or closed head injury.
Severe communication disturbances from a severe brain or closed head injury.
Severe disturbances of consciousness from a severe brain or closed head injury.
Severe disturbances of consciousness from a severe brain or closed head injury.
Severe episodic neurological disorders from a severe brain or closed head injury.
Severe complex integrated disturbances of cerebral function.
Second or third degree burns over 25% of the body as a whole, or
third degree burns to
5% or more of the face
or hands.
Total or industrial blindness.
CATASTROPHIC INJURIES
Among the many challenges of a catastrophic injury case is establishing negligence or proving that the negligent or unlawful actions of another person, company, government agency or other entity caused the injuries. In a legal sense, the act of being negligent is determined by the level of care exercised – or failing to do something altogether – compared to what a “reasonably prudent person” would have done in the same or similar circumstances. Proving negligence can be more difficult than you might think, and here’s where you will need the counsel of an experienced attorney like Attorney Ron Smith.
In addition to establishing negligence, proof of the severity of the injuries and life-long impacts is necessary. At C. Ron Smith Attorney at Law, we will engage the most respected industry experts to perform functional capacity examinations, assessing physical and cognitive abilities/limitations and help to establish physical life care plans. In addition, the testimony of an economic expert will establish evidence of potential lost wages for the remainder of the injured person’s life.
Under Georgia law, you have two years to file a personal injury claim for a catastrophic injury. However, the best time to preserve evidence and witness accounts is immediately after the accident. The longer you wait, the harder it becomes to build a strong case.
When Catastrophe Leads To Death
Catastrophic injuries by their nature can unfortunately lead to death. When a death occurs because of someone’s wrongdoing, we call it “Wrongful Death,” and the loved ones who are left behind may be able to pursue a Wrongful Death case.
WRONGFUL DEATH
We understand a survivor’s pain can be unbearable, but when that loss is the result of someone else’s wrongdoing, that pain grows exponentially. And, while a lawsuit can’t bring a loved one back to us, it can certainly hold the responsible person or people accountable. We want that for you.
In our state, Wrongful Death law is outlined in Georgia Code Section 51, Chapter 4. Generally, this code states that a “Wrongful Death” lawsuit can be filed by a surviving spouse, parent or children of the decedent, and/or a personal representative of the estate, such as an executor or executrix.
In addition to the emotional support and companionship that may have been provided by a deceased loved one, there are many cases in which a family may have been financially dependent upon the individual. Wrongful Death claimants are entitled to recover damages for “the full value of the life of the decedent,” and “for the funeral, medical, and other necessary expenses resulting from the injury and death of the deceased person.”
Damages for the Full Value of Life
This accounts for the lost wages and benefits after the injury leading to the death, as well as what the deceased person might reasonably have earned had he or she lived their full life. It also includes intangible benefits the deceased provided to surviving loved ones such as care and companionship.
Funeral, Medical, and Other Necessary Expenses
This covers expenses, or financial losses suffered by the estate, resulting from the deceased’s injury and subsequent death, such as funeral costs, medical bills and other expenses. It also includes pain and suffering endured by the deceased just before death occurred.
THE AFTERMATH
In the wake of a catastrophic injury or the devastating loss of a loved one, your focus should be on your family—on healing, mourning, and honoring the memories that will carry you forward. Unfortunately, while you’re navigating these emotional moments, critical legal steps may also need your attention. In Georgia, claims involving Wrongful Death or Catastrophic Injury must be filed within two years under the state’s statute of limitations. Even more urgent, the strongest evidence is often available immediately after the incident occurs. Preserving it quickly can be the difference between building a strong case—or losing the opportunity for justice altogether. If your family is facing this kind of loss or trauma, don’t wait. An experienced attorney can begin protecting your rights while you focus on what matters most.