Catastrophic Accident 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.
Wrongful Death & Catastrophic Injuries
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 brain or closed head injury as evidenced by:
- Severe sensory or motor disturbances
- Severe communication disturbances
- Severe complex integrated disturbances of cerebral function
- Severe disturbances of consciousness
- Severe episodic neurological disorders
- 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.
Proving Your Case
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.
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.
After A Catastrophic Injury Or Wrongful Death
After a catastrophic injury, there is so much to do for your family member. And, the time following the loss of a loved one is your time for mourning, reflecting on the joy of his or her life, and storing memories from which you will pull in the days, months and years to follow. A Wrongful Death or Catastrophic Injury case must be filed within the 2-year statute of limitations established by Georgia law. Unfortunately, the best time to gather evidence is immediately after the Catastrophic Injury or Wrongful Death occurs.
We encourage you to call our law firm right away so we can start the hard work of investigation while you take the time you need for yourself. We too have all had the unfortunate experience of losing loved ones and we understand the importance of this delicate time. We welcome your call at (770) 731-1447 to talk about your case. We’ll provide you with a free consultation without obligation.
Life-Changing Negligence
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.
Wrongful Death & Catastrophic Injuries
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 brain or closed head injury as evidenced by:
- Severe sensory or motor disturbances
- Severe communication disturbances
- Severe complex integrated disturbances of cerebral function
- Severe disturbances of consciousness
- Severe episodic neurological disorders
- 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.
Proving Your Case
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.
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.
After A Catastrophic Injury Or Wrongful Death
After a catastrophic injury, there is so much to do for your family member. And, the time following the loss of a loved one is your time for mourning, reflecting on the joy of his or her life, and storing memories from which you will pull in the days, months and years to follow. A Wrongful Death or Catastrophic Injury case must be filed within the 2-year statute of limitations established by Georgia law. Unfortunately, the best time to gather evidence is immediately after the Catastrophic Injury or Wrongful Death occurs.
We encourage you to call our law firm right away, so we can start the hard work of investigation while you take the time you need for yourself. We understand the importance of this delicate time. We welcome your call at (770) 731-1447 to talk about your case. We’ll provide you with a free consultation without obligation.