Atlanta Catastrophic Injury Attorney | Atlanta Lawyer

WHAT TO DO AFTER A CATASTROPHIC ACCIDENT

If you have been involved in a serious accident, here is what our catastrophic injury attorneys recommend:

STEP 1: Call 911.

An accident scene is often chaotic, especially when catastrophic injuries are involved. If you are unable to call for help, make sure that someone else does and remain calm until emergency responders arrive. If you are able to move to a safe space or check on others, you are advised to do so.

STEP 2: Seek Medical Treatment.

Surging adrenaline levels may mask any pain or injuries, but keep in mind that even severe brain and spinal injuries may not be noticeable immediately after your accident. That is why it is crucial to visit your doctor immediately, even if you do not require emergency medical attention at the accident scene.

STEP 3: Report the Accident.

First responders will get to work administering care upon arrival, while police officers begin their investigation. They will complete an accident report detailing the scene and concluding who is at fault. If there are any witnesses, get their contact information if possible.  If your accident occurred at work, follow your company’s specific reporting guidelines carefully so you do not put your compensation at risk.

STEP 4: Collect Evidence.

Proving fault in an Atlanta personal injury case requires evidence – such as medical records, police reports, photos/videos of the accident scene, witness testimony and more. Your catastrophic injury attorney can help, gathering the evidence needed to hold the at-fault party accountable.

STEP 5: Hire Qualified Legal Representation.

If you have been seriously injured, you need an Atlanta catastrophic injury lawyer with specific experience handling cases like yours. Here at Ross Moore Law, our time will fight for the damages you deserve – such as current and future medical bills, lost wages, pain and suffering, and more.

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DIFFERENCE BETWEEN A PERSONAL INJURY CLAIM VS CATASTROPHIC INJURY CLAIM  

Catastrophic injuries are extremely serious personal injuries that often have a life-long impact on the victims and their families. Factors that may influence the outcome of your claim include:

Severity of the Damage

Because the injuries (physical, mental, emotional, etc.) are more severe than a typical personal injury claim, damages are often larger. They may include things like long-term care, permanent disability and more.

Recovery Time

A catastrophic accident victim will likely face a long recovery, with some requiring care for the rest of their lives. Others completely lose the ability to work. That is why a victim’s recovery time and prognosis play a major role in determining damages.

Legal Knowledge Required

Many catastrophic injury victims accept less compensation than they deserve, simply because they do not have the legal knowledge required to calculate a fair settlement. Hiring a skilled personal injury law firm near you is incredibly important, ensuring you get the legal advice you need every step of the way. Remember that, because large payouts are on the line, the insurance company and at-fault party will fight hard to avoid paying you what you deserve. Our catastrophic injury attorney will advocate for you, taking a strong stand against the opposition.

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HOW DO I FILE A CATASTROPHIC INJURY CLAIM?

While it is possible to file a claim on your own, keep in mind that the legal system can be very difficult to navigate – especially if you do not have experience doing so. With life-changing compensation hanging in the balance, it is best to entrust your claim to a skilled personal injury law firm near you. Your catastrophic injury attorney will handle every aspect of your case from start to finish, including all communications with the insurance company and a thorough investigation.

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TYPES OF CATASTROPHIC INJURIES

Victims of catastrophic injuries deserve to have dedicated, passionate legal representation on their side. The Ross Moore Law team is here to help, handling catastrophic injury cases like these:

• Amputations/Loss of Limbs
• Severe Fractures/Broken Bones
• Traumatic Brain Injuries (TBI)
• Severe Burns
• Spinal Cord Injuries
• Internal Injuries
• Paralysis

Our Atlanta catastrophic injury attorney can fight for the compensation you deserve and make sure that you are not taken advantage of throughout the legal process.

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COMMON CAUSES OF CATASTROPHIC INJURIES

There are a number of accidents and events that can result in serious injuries, including the following:

• Car and Truck Accidents: Each year, hundreds of thousands of people are seriously injured or killed in motor vehicle accidents. Many of the victims who survive are left with severe and debilitating injuries, especially when the collision occurs at a higher speed. Pedestrians, bicyclists, and motorcyclists are among the most vulnerable to catastrophic injuries, as well as those involved in collisions with large commercial vehicles and multi-vehicle crashes.

• Boating Accidents: In addition to roadways, our state’s waterways can be dangerous as well. Because many boat operators are often younger and less experienced than most drivers, they put themselves and others at risk. Alcohol is another common factor in catastrophic boating accidents.

• Workplace Accidents: Workers in many industries deal with potential hazards on the job every day. For instance, construction workers face a significant threat of injury each day on the job – from slip and falls to machinery accidents.

• Medical Malpractice: Most patients assume that medical professionals will provide proper care, but this is not always the case. Medical negligence can cause serious injuries, and in the worst cases, death.  The elderly are among the most susceptible to injuries caused by medical malpractice.

• Premises Liability Accidents: If a property owner does not uphold their duty to main safe premises, they may be held liable for the injuries that occur on their property.

• Product Liability Accidents: More and more new products hit the market each year, and while most offer great benefits, some are not property tested. In these cases, dangerous or defective products can cause serious injuries. Our personal injury law firm will work to hold the at-fault party accountable, whether it is the product’s manufacturer, designer, distributor, etc.

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GEORGIA CATASTROPHIC INJURY CLAIMS

Catastrophic injuries result in extensive losses to the victim, and as a result, these types of cases are more complicated than a standard accident injury claim. Your Atlanta catastrophic injury lawyer can help, working to calculate a fair settlement, negotiating with the at-fault party, and offering legal advice you can count on.

You may be eligible to recover damages not only for direct monetary losses, such as medical costs, lost wages, and loss of earning capacity, but also for non-economic losses. Non-economic losses are designed to compensate for the extreme pain and suffering the victim endured as well as the emotional trauma suffered and the diminished quality of life that results.

Additional damages may be available in some cases over and above those that are meant to compensate the victim for their losses. These are known as punitive damages. Punitive damages are only applicable in cases in which there is clear and convincing evidence that the party responsible for the injury acted willfully, maliciously, or with gross negligence. In Georgia, there is a cap of $250,000 on punitive damages in most cases.

It is also important to note that Georgia has a two-year statute of limitations for most personal injury claims. If you fail to file a claim within the allotted time frame, there is a good chance that your case will be thrown out of court. With so much at stake, it is very important to get an experienced lawyer involved as early as possible, so you can be in the best possible position to secure a favorable outcome.

COMMON CAUSES OF CATASTROPHIC INJURY ACCIDENTS

Catastrophic accidents occur all too often, with the following responsible for serious injuries:

• Boating accidents
• Car accidents (vehicles struck by semi-trucks etc.)
• Defective products
• Falls from several feet up
• Fires/ explosions
• Horseback riding accidents
• Jet ski accidents
• Medical malpractice/ medical negligence
• Motorcyclists/ bicyclists struck by cars or trucks
• Pedestrian accidents
• Sports accidents
• Trampoline accidents
• Violent crime/ physical accidents

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WHAT DAMAGES CAN I RECOVER IN A CATASTROPHIC INJURY ACCIDENT? 

If you have been injured in a catastrophic accident, you may be eligible to receive compensation for the following:

• Loss of enjoyment of life
• Lost income, present and future
• Medical and rehabilitation expenses
• Ongoing nursing care
• Psychotherapy for PTSD, anxiety, and/or depression
• Pain and suffering
• Permanent disability and/or disfigurement

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GEORGIA STATUTE OF LIMITATIONS FOR CATASTROPHIC ACCIDENTS

2 YEARS 

The statute of limitations here in Georgia is two years, meaning that accident victims have up to two years from the date of their severe injury to file an accident claim. If you fail to file within that time period, your case will most likely be dismissed.

An exception exists if a fatal accident victim’s family would like to file a wrongful death claim. In this case, they would have up to 2 years after the date of the victim’s death to file a lawsuit.

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READY TO  FILE A CATASTROPHIC INJURY CLAIM? CHOOSE ROSS MOORE LAW!

At Ross Moore Law, we offer a success track record of managing catastrophic injury claims for accident victims throughout Georgia. We manage your case from start to finish. Speaking to the insurance company, gathering evidence, filing the claim and all – we can help.

Plus, you only pay us if we win your claim. So, reach Ross Moore Law after your severe accident injury, we have your free consultation ready!

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FAQS | COMMON ATLANTA CATASTROPHIC ACCIDENT QUESTIONS

What is a catastrophic injury?

Catastrophic injuries are ones that are so severe that they often have a permanent impact on a victim’s life. These types of injuries often involve damage to the brain and/or spinal cord. If the injury has a serious effect on the victim’s ability to function, either short-term or long-term, it is typically considered catastrophic. Examples include:

• Amputations
• Brain injuries
• Burns over a significant portion of the body
• Loss of an eye
• Multiple fractures
• Nerve damage
• Paralysis
• Spinal cord injuries

Is a broken arm a catastrophic injury?

While broken bones may sometimes lead to more serious injuries, a broken arm is not typically considered a catastrophic injury. To be deemed catastrophic, the injury must have a long-term impact on your ability to work and perform everyday tasks.

What constitutes a catastrophic sports injury?

In most cases, catastrophic injuries lead to temporary or permanent functional disability. This may occur in any sport, but is most commonly seen in football, soccer, rugby, lacrosse, hockey. and cheerleading. Whether the injury victim is a high school athlete or a professional, a skilled personal injury law firm will fight for a fair settlement.

Is a brain injury considered a catastrophic injury?

Yes, it can be. Catastrophic injuries often involve serious damage to the spine or brain. If you have suffered a brain injury, contact an Atlanta catastrophic injury lawyer today.

Are knee injuries considered catastrophic injuries? 

In most cases, no. Keep in mind that catastrophic injuries have devastating, long-term effects and often keep victims from returning to work or performing everyday tasks on their own.

What are some examples of typical catastrophic injuries from a car crash?

A car accident may result in several types of catastrophic injuries, such as burns, traumatic brain injuries (TBI), amputations, back/spinal cord injuries, paralysis, and more.

How do I recover damages when I have suffered serious injuries in a collision?

Hiring a qualified catastrophic injury attorney is the first step. As your advocate, your attorney will fight for fair compensation on your behalf. They will gather evidence to determine fault and strengthen your case, then negotiate to ensure you get the damages you deserve. If a settlement agreement cannot be reached, your attorney can file a personal injury lawsuit and take your case to court.

The driver of the car that hit me does not have insurance. What can I do?

If you were seriously injured after being hit by someone without insurance coverage, your Atlanta attorney can help. Our team will file an uninsured motorist claim with your insurance company to recover compensation for medical bills and vehicle repairs.

If my injuries require ongoing medical care, how will I be able to afford it?

While gathering evidence to support your claim, your Atlanta catastrophic injury lawyer will calculate the cost of your medical care – both current and future. This will factor into the settlement request to ensure that you recover enough compensation to cover ongoing care.

How do I get coverage for catastrophic or prolonged illnesses and injuries?

According to the Centers for Disease Control and Prevention (CDC), almost 33 million people below the age of 65 do not have health insurance. The expansion of Medicaid and government programs like the Affordable Care Act (ACA) has helped, but many Americans are still unable to afford adequate insurance coverage.

Catastrophic insurance is one potential solution, offering the same essential coverage as standard ACA insurance to people who meet specific criteria. Be sure to ask your Georgia attorney for more information.

What is catastrophic insurance?

In addition to the health insurance marketplace’s main types of coverage, catastrophic insurance presents another viable option for some Americans. Catastrophic plans are designed to protect you in the worst-case scenarios of serious injury or prolonged illness. To qualify, you must be under 30 years old or, if over 30, you must have been granted a hardship exemption.

What does catastrophic insurance cover?

Catastrophic plans cover three free primary care visits per year as well as treatment for pre-existing medical conditions. While specific services vary from state to state, other benefits include:

• Hospitalizations
• Outpatient care services
• Emergency services
• Prescription drugs
• Laboratory services
• Preventive care
• Pregnancy, maternity, and newborn care
• Mental health services
• Substance use services
• Rehabilitative and habilitative services/devices
• Pediatric services
• Birth control
• Breastfeeding support and equipment

Please note that those covered by catastrophic insurance must pay out of pocket for deductibles, copays, and coinsurance until you reach the plan deductible.

What types of compensation can be recovered through a Georgia catastrophic injury claim?

You may be eligible for two types of compensation: economic damages and non-economic damages. Economic damages provide compensation for financial losses, such as medical expenses, lost wages, property damage, funeral costs, etc. Non-economic damages compensate for intangible injuries, such as emotional trauma, pain and suffering, diminished quality of life, and more. In cases of extreme negligence or intentional harm, punitive damages may be recovered as well to punish the at-fault party.

Does Georgia law enforce damage caps for personal injury claims?

No. The Georgia Supreme Court has ruled that there are no damage caps for compensation in personal injury claims. There is, however, a cap of $25,000 on punitive damages.

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 ROSS MOORE LAW CASE RESULTS  

$280,000.00 | CATASTROPHIC INJURY
Out of state passengers suffered catastrophic injuries when driving back home from visiting Six Flags – received policy limits.

$175,000.00 | CATASTROPHIC INJURY
Client had surgery after being rear-ended sitting at a stoplight.

$175,000.00 | CATASTROPHIC INJURY
Client suffered injuries when he was riding on a MARTA bus and the bus driver rear ended the car in front of him. Client was seated awkwardly, sleeping against the window.

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BLOG | DISCOVER MORE ON PERSONAL INJURY TOPICS

Looking for more information about personal injury cases in Georgia? Our Atlanta attorney answers common questions in our latest personal injury blog articles:

• Can a Personal Injury Case be Reopened?
• Do I Have to See a Doctor During a Personal Injury Case?
• How Do I Gather Evidence To Help My Personal Injury Claim?
• How Does “Duty of Care” Affect Negligence Claims?
• How Will My Criminal Record Affect My Personal Injury Claim?
• How Do I Find the Right Atlanta Personal Injury Lawyer?
• How Will COVID-19 Impact Personal Injury Claims in Georgia?
• How Can Accident Victims Get Better Understanding of the Fundamentals of Personal Injury Law?
• How Can Social Media Impact a Personal Injury Claim?
• How Can I Avoid Tricks by Insurance Adjusters?
• What Do I Need to Understand About My Policy Limits in Personal Injury Claim?
• What are the Most Common Types of Personal Injury Claims?
• What Damages Can I Receive In My Personal Injury Case?
• What is Legally Considered “Damages” in a Personal Injury Case?
• What is Comparative Negligence in an Accident Case?
• What is Georgia’s Wrongful Death Statute?
• What Qualifies as Pain and Suffering in Georgia?
• What are the Tips to Staying Safe at the Atlanta Beltline?

VIEW MORE HELPFUL BLOGS

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ABOUT ATLANTA, GEORGIA 

Founded in 1837, Atlanta boasts a rich history and a diverse culture unrivaled throughout the region. Our city has overcome incredible hardship though, starting with the rebuilding it endured after being burned to the ground by General Sherman in 1864. The phoenix remains the city’s symbol, representing the people’s strength – and loyalty to the city they love.

Atlanta was named the Peach State’s capital shortly after in 1868, the fifth city to earn the title. It remains the capital today, now home to over half a million residents. Our dynamic city also played a major role in the Civil Rights Movement, with inspiring leaders pursuing progress at all costs. Atlanta continues to embrace diversity, encouraging a unique arts and culture scene. Atlanta residents can also claim “the world’s busiest airport,” with Hartsfield-Jackson Atlanta International Airport serving as a major travel hub. Our beautiful city is like none other, and our Atlanta attorneys couldn’t be prouder to call it home!

TRUSTED RESOURCES IN THE ATLANTA AREA – FULTON COUNTY:

If injured in Atlanta, you’re in good hands. Atlanta, GA offers some of the best medical professionals to support you back to good health. Plus, we offer a diverse legal system and investigators ready to protect you in Fulton County. Plus, their diligence only strengthens your legal case. 

 Here are some helpful resources for accident injury victims in Atlanta, GA: 

Atlanta Hospitals

Children’s Healthcare of Atlanta – Egleston Hospital
1405 Clifton Rd NE, Atlanta, GA 30322

East Point VA Clinic
1513 Cleveland Ave #300, Atlanta, GA 30344

Emory University Hospital Midtown
550 Peachtree St NE, Atlanta, GA 30308

Grady Health System
80 Jesse Hill Jr Dr SE, Atlanta, GA 30303

Northside Hospital Atlanta
1000 Johnson Ferry Rd NE, Atlanta, GA 30342

Piedmont Atlanta
1968 Peachtree Rd NW, Atlanta, GA 30309

Select Specialty Hospital – South Atlanta Medical Center
1170 Cleveland Avenue 4th Floor, Atlanta, East Point, GA 30344

Wellstar Atlanta Medical Center
303 Parkway Dr NE, Atlanta, GA 30312

Wellstar Atlanta Medical Center South
1170 Cleveland Ave, Atlanta, GA 30344 

Atlanta Police Stations/Departments

Atlanta Police Department Headquarters
226 Peachtree St, Atlanta, Georgia 30303 

Atlanta Police Department Zone 1
2315 Donald Lee Hollowell Pkwy NW, Atlanta, GA 30318

Atlanta Police Department Zone 2
3120 Maple Dr NE #300, Atlanta, GA 30305

Atlanta Police Department Zone 3
880 Cherokee Ave SE, Atlanta, GA 30315

Atlanta Police Department Zone 4
1125 Cascade Cir SW, Atlanta, GA 30311

Atlanta Police Department Zone 5
200 Ted Turner Dr NW, Atlanta, GA 30303

Atlanta Police Department Zone 6
2025 Hosea L Williams Dr NE, Atlanta, GA 30317

Atlanta Courthouses

Atlanta City Court
150 Garnett St SW, Atlanta, GA 30303

Fulton County Civil Court
185 Central Ave SW, Atlanta, GA 30303

Fulton County Courthouse
136 Pryor St SW, Atlanta, GA 30303

Magistrate Court of Fulton County
185 Central Ave SW, Atlanta, GA 30303

Municipal Court of Atlanta
150 Garnett St SW, Atlanta, GA 30303

Supreme Court Clerk
244 Washington St SW UNIT -5, Atlanta, GA 30334

Superior Court
2 M.L.K. Jr Dr SE, Atlanta, GA 30334