A catastrophic accident is one that leaves the victim dealing with long-term or even permanent disabilities or impairments. In Georgia, a catastrophically injured victim has the right to hold the at-fault party liable for their damages through a personal injury claim. This raises an important question: How do you determine the value of a catastrophic injury case in Georgia? The short answer is that these claims are always valued on a case-by-case basis. Your actual damages matter. It is crucial that you do not agree to settle your claim for less. Here, our Georgia catastrophic injury lawyer provides an overview of how to determine the value of your case.
The Two Main Factors that Determine the Value of a Catastrophic Accident Case in Georgia
1. Liability
In Georgia, liability is the foundation of a personal injury claim. A catastrophic accident is certainly no exception to that rule. Broadly defined, liability is a concept that means legal responsibility for causing the accident. In catastrophic accident cases, determining liability can often be quite complex and requires a thorough investigation. Indeed, all catastrophic accidents—from car crashes to slip and falls to medical malpractice cases—should be thoroughly investigated by a qualified attorney.
Georgia operates under a modified comparative negligence standard. You can recover compensation as long as you are not 50 percent or more at fault for the accident. With that being said, your recovery will be reduced by your percentage of fault. For example, if you are found to be 20 percent responsible for a catastrophic accident your compensation will be reduced by that very same percentage. Every point of fault matters. It could represent thousands of dollars in compensation.
2. Damages
Beyond liability, the other key factor in determining the value of a catastrophic injury claim in Georgia is damages. For the most part, personal injury settlements/verdicts are designed to be “compensatory.” In other words, your compensation is supposed to be equal to the value of the actual damages that you suffered as a consequence of the catastrophic accident. In Georgia, these may include economic damages such as medical bills, lost wages, and future medical care, as well as non-economic damages for pain and suffering, emotional distress, and loss of quality of life.
It can be challenging to prove the extent of your damages. Indeed, the defense and their insurance carriers often try to resolve these cases for the minimum amount of financial compensation possible. In other words, they try to “undervalue” the victim’s damages. It is imperative that your injuries are well-documented. To accurately calculate damages, your Georgia personal injury attorney will frequently rely on medical records, expert testimony, and other evidence.
Key Considerations in Catastrophic Injury Claims
Catastrophic injury claims are extremely complicated. These cases can be especially challenging to fully and fairly value. Here are two key considerations for determining the value of a catastrophic accident in Georgia:
- Future Medical Needs: One of the most significant aspects of a catastrophic injury claim is accounting for the victim’s future medical needs. Unlike minor injuries, catastrophic injuries often require ongoing or lifelong care, which can include surgeries, rehabilitation, assistive devices, medications, and home modifications. It is imperative that you fully and clearly understand your future medical needs before you agree to settle your claim. Overlooking or undervaluing future medical needs can leave the victim and their family struggling.
- Non-Economic Damages: In catastrophic injury claims, non-economic damages are a vital consideration because they address the profound personal and emotional toll of the injury. These damages compensate for intangible losses, including pain and suffering, emotional distress, loss of enjoyment of life, and loss of companionship. Catastrophic injuries often strip victims of their independence, career opportunities, and ability to engage in meaningful activities. While non-economic damages are inherently subjective, their impact is no less significant.
Do Not Rely On Defendants or Insurers to Fairly Value Your Claim
Defendants and insurance companies are not on your side. They are primarily focused on minimizing payouts—not on ensuring you receive the full value of your claim. They may downplay the severity of your injuries, dispute liability, or pressure you into accepting a low settlement. Without proper legal representation, you risk undervaluing the compensation you truly deserve for both economic and non-economic damages. A top-tier Georgia catastrophic injury lawyer can help.
Be Proactive: A Two Year Statute of Limitations in Georgia
All personal injury claims are time-sensitive. Catastrophic injury lawsuits in Georgia are certainly no exception to the rule. Under Georgia law (O.C.G.A. § 9-3-33), there is a two-year statute of limitations for catastrophic injury claims. In other words, you have two years from the date of an accident in order to file a personal injury lawsuit. If a lawsuit is not brought in a timely manner after a catastrophic accident, you may be denied the right to take legal action at all. Take a proactive approach: Consult with a Georgia catastrophic injury attorney right away.
Why Injured Victims Truck Us for Help With a Georgia Catastrophic Injury Lawsuit
Catastrophic injury lawsuits are complex. After a terrible accident, victims and families need strong and experienced legal representation. At Chance, Forlines, Carter & King, PC, our Georgia catastrophic accident lawyers are always ready to invest the time and resources to fight for justice for victims and families. With a proven track record of verdicts and settlements and a commitment to personalized representation, we are here to help you determine the proper value of your case.
Contact Our Georgia Catastrophic Injury Attorney Today
At Chance, Forlines, Carter & King, PC, our Georgia catastrophic injury lawyers have the professional experience that you can rely on when it matters most. We are committed to fighting for the absolute maximum compensation for victims and families. If you or a loved one was involved in a catastrophic accident, we can help. Contact us now for a free, confidential consultation. We handle catastrophic injury claims throughout Georgia, including in Atlanta, Augusta, and Lawrenceville.