Very often when there is an car, truck or motorcycle accident, victims receive multiple injuries across the entirety of their bodies. It can be as if Murphy’s Law was at work in your life. Everything that can be injured, is injured. Even when none of the injuries are life-threatening they can combine to make your life difficult.
Any one of these fractures or bruises, taken alone, is bad enough, but when multiple injuries make it impossible for you to conduct your personal business or enjoy your quality of life, the costs are difficult to express.
In this article we will give you an example of an Atlanta, Georgia accident where a woman has been seriously injured following a car accident. We will show you what her lawyers will need in order to prove her damages in a courtroom and we’ll tell you what factors come into play as a settlement is determined. Finally, we’ll give you a suggestion that may help you proceed when you or somebody you know has suffered because of the negligence of others.
- Cassie’s Story
- How can one prove the devastating consequences of multiple fracture accidents in a Georgia court?
- How will a settlement amount be established in a Georgia courtroom for multiple fracture injuries?
- How to Choose a Georgia personal injury specialist to handle your multiple fracture accident case?
Cassie is a 67-year-old female, living just outside of Atlanta, Georgia. She is married, retired, energetic and in good health.
She is on the way to the neighborhood Piggly Wiggly one late afternoon to pick up a few groceries when, as she attempts to make a left-hand turn into the grocery store parking lot under a green arrow, another vehicle runs the light in the opposite direction. The vehicle collides with Cassie’s car hitting the front passenger side. When she realized that the car was going to hit her, Cassie practically stood on the brake pedal. Her left leg was locked and braced in this way when the collision occurred.
Cassie is transported to Grady hospital by ambulance and after X-rays and a CT scan it is confirmed that Cassie is suffering from multiple fractures including a compression fracture of the spine at L4, a comminuted, or splintered, fracture of the knee that extends into the knee joint and upwards into the femoral shaft. She has also suffered a fracture of the femoral head at the left hip. Because of her age and her age-weakened bones, the medical team agrees that Cassie will need both hip and knee replacement surgery if she is to heal successfully. Her spinal fracture will heal on its own in time with a back brace and medications to combat the osteoporosis. It will be a long and painful recovery with lots of physical therapy.
Anybody who has ever dealt with even one broken bone can identify with Cassie’s predicament. She is all but immobilized by her several fractures, but her medical team knows that she cannot be allowed to simply lie in bed while the injuries heal. She must continue to move her muscles and tendons and call upon her new joints to support her as she does so.
A few days after her surgery, Cassie is moved into a rehabilitation facility where she spends three weeks learning to walk and carry out ordinary tasks while not aggravating her spinal fracture. The process is frustrating and painful in spite of the pain medications the doctor orders. The healing process is slow.
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How can one prove the devastating consequences of multiple fracture accident case in a Georgia court?
Cassie’s personal injury lawyer anticipates that the insurance company lawyers she will face in court will work to emphasize Cassie’s age as a way to convince the jury that the injuries she suffered in the accident are really the result of not taking proper care of her body. While her lawyer knows this is not actually a viable defense, the fact is that Cassie’s injuries would probably not have been so serious if she had been younger and fitter.
The law in Georgia protects victims of negligence by taking the position that the injured individual must be taken as he or she is found at the moment the accident happens. In other words, her age and fitness level should not matter in court. Still, when allegations are made that the plaintiff was partly to blame, it can sometimes sway a jury. It is up to the plaintiff’s lawyers to prove that the victim was not bothered or incapacitated by the condition prior to the accident in order to prove damages.
Fortunately, this is not that difficult. Cassie’s husband can called upon in court to testify to the ways in which Cassie can no longer function since the accident. Friends and neighbors can also be asked to verify Cassie’s new limitations and to explain that while Cassie always carried her own groceries to the car, now she must lean on the grocery cart for stability and ask for help out to the car with her purchases.
The fact that her injuries take a different kind of toll on Cassie is very frustrating for her. She can’t lift her grandchildren or play tag with them at the park as she used to do. She tires easily and needs to continue the housekeeping services she contracted for immediately following the accident.
In the end, statements made by friends and family will help Cassie to prove that the negligence of the other driver served to make her full and happy life considerably less fulfilling.
Lawyers for the insurance company will also attempt to make the point that since Cassie is retired, the daily activities she no longer enjoys have no monetary value. Her own counsel will argue that there is, indeed, a benefit derived from Cassie’s charitable activities. Not only does her work give her personal gratification and a sense of purpose, but it also has a value to the community in which she lives. These losses represent more than just money.
It’s up to her personal injury lawyer to anticipate and prepare for all the ways in which attorneys for the insurance company of the at fault driver will try to minimize Cassie’s injuries and diminish the other consequences from which she suffers.
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How will a settlement amount be established in a Georgia courtroom for multiple fracture accident injuries?
Cassie’s attorney will point to her many medical bills and the effect of her injuries on her quality of life, including whether she has suffered any permanent injuries, as reported by her doctors or physical therapists. Negotiations may continue until both sides agree on a settlement figure based on the evidence and the settlements seen in other, similar cases.
If no settlement is reached, the case may go to court and a jury will be asked to listen to the facts, consider the medical bills and care and judge whether or not Cassie’s quality of life has been diminished and what her case is worth in terms of dollars and cents.
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How to select the best Georgia injury lawyer to handle a multiple fracture accident case?
If you have been injured in ways like Cassie was, you may want to seek justice. Georgia law protects people who are injured because somebody else was negligent.
When choosing a lawyer, be sure to ask how much time and experience the law firm you are considering has in handling personal injury cases. Although many non-specialists dabble in personal injury law, you may want to consider hiring a lawyer who does not handle child custody cases one day and broken-bone injury cases the next. Personal injury law is challenging and ever-changing. To ensure a good result, ask enough questions to determine that your attorney has experience in handling the type of injury you have suffered.
Many law firms, ours included, The Millar Law Firm, offers a free case evaluation. Once we review the facts in your case, we can advise you what to expect in terms of a successful outcome and what the settlement value or expected verdict in your injury case may be. Please feel free to call The Millar Law Firm at 770-400-4000 or email for a free case evaluation. We think you will be glad you did.