In Georgia, Do I Need A Car Accident Injury Lawyer for a Catastrophic Injury?
Key Points:
- Catastrophic injury car accidents are those in which life-changing injuries are sustained.
- High speeds are frequently the cause of catastrophic injuries, but we have seen severe injuries including paralysis and death in lower speed motor vehicle accidents as well. Expert testimony can often prove that the forces of impact were greater than they first appear.
- High Costs vs. Limited Insurance: The costs and expenses caused by major accidents can reach millions, but often, there isn’t enough insurance money from the at-fault party to cover it, making it hard to get full compensation.
If your injuries from a car accident are life-changing, they may be considered catastrophic and it’s crucial to speak with a catastrophic injury lawyer. Our primary role when representing clients who have suffered severe, life-altering injuries is to ensure that the at-fault party’s insurance company covers not only the immediate medical bills but also the long-term costs of how the injury will affect your life, in Georgia.
Examples of Catastrophic Injuries
A catastrophic injury stands out due to its profound and long-lasting impact on the victim’s life, typically resulting in permanent or long-term disabilities that drastically alter their ability to perform daily activities, work, and enjoy life as before.
These injuries include:
- Traumatic Brain Injury
- Injuries to the Spinal Cord
- Severe and/or Extensive Burns
- Amputations
Such injuries require extensive and sometimes long-term medical care including physical therapy and rehabilitation, and all too often, lifelong care. The need for such intensive and prolonged care also brings about significant medical expenses, alongside the necessity for modifications to living environments to accommodate the victim’s new needs.
Sadly, the result of catastrophic injuries can also include huge legal and financial burdens. An accident and its aftermath can mean large current and future medical expenses. Catastrophic injuries affect the victim far more than the physical injuries he or she might sustain. They also create enduring problems with our quality of life including diminished physical health and emotional wellbeing. Present and future financial stability can also be affected.
What Makes an Injury a Permanent Injury?
A permanent injury is simply one that doesn’t go away. It’s forever: The injury causes changes or damage that can’t be fixed, making some part of the body or brain not work like it used to. People with permanent, life-altering injuries suffer for the remainder of their lives. Their lives are forever changed. They may have trouble doing everyday tasks like walking, talking, working, or enjoying the hobbies they used to pursue.
It’s quite possible that they will require long-term, ongoing medical assistance to simply live. This could be because they cannot move their body as they once did or because they experience constant pain while attempting to do so.
Changes to their physical environments may also be necessary. This could even include remodeling to the victim’s home in order to accommodate mobility issues or other new challenges.
Also common are the loss of cognitive or interpersonal skills that make everyday living more difficult for the victim and his/her family.
What Are Some Examples of a Permanent Injury?
Here are some examples:
Traumatic Brain Injuries (TBI): A TBI can permanently change the way your brain functions. The impacts of a TBI can make it difficult to think, make even small decisions or solve problems, to remember things, or even to manage the way you act. People with serious TBIs may never be able to hold down a job again. They might also need help with their daily activities for the remainder of their lives.
Spinal Cord Injuries: These injuries can cause paralysis. This means that you might not be able to move or feel parts of your body depending upon where the injury is located. Depending on the injury, you might not be able to walk again or use your arms. This could mean you will need constant care for the rest of your life.
Amputations: Amputation is the removal of a part of your body – fingers, toes, arm or leg(s) for example. This catastrophic injury will impose a new set of abilities for the rest of your life. Even with the help of prosthetic devices, which are constantly improving, such a loss can make doing simple things difficult or impossible
Severe Burns: Bad burns leave scars and change how your skin looks, feels, and moves. People who have suffered severe burns might need many surgeries, skin grafts as well as long-term therapy. In addition, there can also be great difficulty with the impacts brought about by scarring and disfigurement requiring extensive psychological therapy
Chronic Pain Conditions: Pain management, which is sometimes the best solution to ongoing painful conditions, can be expensive, time consuming, and physically frustrating. Some injuries can cause long-term pain that simply will not go away. Chronic back pain, as an example, can make daily life challenging and often discouraging. Facing pain each and every day can be demoralizing.
Vision or Hearing Loss: When you lose your sight or hearing changes the way in which you interact with the world. Such losses require not only learning new tools such as learning Braille or American Sign Language, but it can also make it hard to work or socialize as you did before.
Organ Damage: If your accident damages your organs (like your heart, lungs or liver, for example), your health may be impacted for a very long time. You may need regular medical care and may be forced to face limitations on what you can do.
Degenerative Disc Disease Caused by Spinal Injuries: Following a serious spinal injury, this condition can develop. It can cause chronic pain and may eventually impact your mobility. Because it is a degenerative disease, it may, over time, make it difficult to stand, to walk, or to sit for long periods, severely impacting daily life.
What Types of Permanent Injuries are Common from Car Accidents?
Car crash accidents are very often the cause of permanent, catastrophic injuries. Of all possible injuries, Traumatic Brain Injuries can be the worst as they disrupt your ability to think and function normally.
Despite advancements in vehicle safety features like airbags, which have lessened the occurrence of TBIs, these injuries remain a risk due to the brain’s vulnerability.
Spinal cord injuries are also commonly the outcome of car accidents tragically leaving far too many victims with paralysis of some or all extremities..
Amputations represent another severe consequence, requiring the surgical removal of limbs damaged beyond repair—a physically and emotionally grueling process.
Less common but still very frequently seen are injuries such as severe burns which lead to terrible scarring and chronic pain as a result of damage to the victim’s skin, muscles and bones.
Less often permanent are improperly healed fractures, which can lead to chronic discomfort and limited mobility.
Internal injuries, when they occur, can mean the need for ongoing medical care.
These injuries illustrate the profound ways in which a car accident can alter one’s life, complicating daily routines and reshaping the future with their enduring effects.
What Costs Go Into a Permanent Injury?
With the ever-increasing cost of medical treatment, sometimes the result of car crash injuries can run into the millions of dollars. Here’s a breakdown of all the costs an accident victim with a permanent injury will have to plan on:
Medical/Hospital Bills
Medical and hospital costs include the costs associated with emergency or immediate care, initial treatments including surgeries, hospital stay, medication as well as ongoing healthcare needs. Future medical costs are generally those such as physical therapy, check-ups, pain management, medication and/or prosthetic devices or wheelchairs.
Estimated Costs for immediate Medical care can range from tens of thousands of dollars to over millions for more severe injuries. Ongoing medical care can increase the costs by hundreds of thousands to millions of dollars over the period of your lifetime.
Is it Possible to Recover Medical Expenses for a Catastrophic Injury?
When your insurance claim is properly handled, it is very possible to recover past and future medical costs. You must be prepared to furnish all medical bills, treatment records, and get expert testimony regarding your future medical needs.
How to Prove Medical Expenses for a Catastrophic Injury
In order to recover your costs, you will need very detailed evidence of your costs and reliable estimates of future costs which are directly linked to the injuries you suffered in the accident.
- Rehabilitation Costs: – you will need to demonstrate your costs for physical therapy, occupational therapy, speech therapy and all other rehabilitation-related treatments
- Estimated Future Costs: Future costs for ongoing rehabilitation can be financially devastating. It is possible to be compensated for these costs, but it may require expert testimony to project future costs using your current bills as a base-line. Your legal team will know how to accomplish this.
- Assistive Devices and Technology: If you require a wheelchair, prosthetic limbs, hearing aids or other devices to aid in your daily activities, you should know that these things can need periodic replacement. A high-quality wheelchair costs from $2,500 to $30,000 today. Prosthetic limbs range from $5,000 to $50,000 in today’s market. Replacements and upgrades may be required regularly, so those costs should be included within your settlement.
Is it Possible to Recover Expenses for Technological Assistance?
Yes. As with most other costs related to your injuries, these costs are also available to be recovered. You will need an expert opinion on the necessity of future replacement of future essential devices and their probable costs. This would include detailed quotes for high-cost items like prosthetics.
Home and Vehicle Modifications
Modifications to the victim’s home and vehicle to accommodate their disability, including ramps, stairlifts, modified bathrooms, and vehicle adaptations to enable driving or transportation. Your estimated costs for these necessary alterations can range from a few thousand dollars for minor modifications to over $100,000 for extensive home renovations and specialized vehicle modifications.
With the help of valid estimates for future adjustments and necessary alterations, it is possible to include these costs in your compensation package. Evidence proving this might also include expert testimony on the necessity of these modifications for the victim’s daily life.
Lost Wages and Future Earning Capacity
Compensation for the income lost because of your injury, as well as the potential for future lost earnings that could happen if you cannot return to your previous job or are unable to work at all should also be included in your compensation. As you might imagine, the total for this can be staggering.
These costs can vary greatly depending on the individual’s age, occupation, and the extent of the disability. Such losses can be estimated from hundreds of thousands to several million dollars over the term of the life of your career.
Using your pay stubs, employment records, and relying upon expert analysis on future earnings potential it’s very possible to include both current and future lost wages in your compensation. Vocational experts may also be called to testify regarding your ability to earn income post-injury.
Personal Care and Assistance
If you are suffering from injuries that cause you to need daily assistance, the costs of in-home care services or long-term care facilities can be included in your compensation package. This would includes help with personal care, household tasks, and other activities of daily living.
The estimated cost of in-home care services can range from $20 to $40 per hour. Such costs would amount to annual costs of $20,000 to $80,000 or even more depending upon the level of care you require. Long-term care facilities can cost between $50,000 and $100,000 or more per year. Fortunately, the cost for long-term care can be part of your claim for compensation.
How to Prove Home Medical Expenses for a Catastrophic Injury:
In order to prove current and future care costs, you will need to provide documentation of your current costs and provide a projection of your future costs by expert testimony from medical experts as to the amount of c are you will require.
Life Care Plans: This is a plan that establishes and projects costs for your future care including personal care as well as necessary equipment and its upkeep. These plans are created and used in order to project the future costs of your care.
Estimated Costs: The total cost outlined in a life care plan, covering all aspects of an individual’s future needs, can easily reach several million dollars for severe permanent injuries, particularly for younger individuals who will live many years with the injury. Fortunately, these projected costs can be added to your settlement so that you will be properly compensated.
The Biggest Problem for Victims of Catastrophic Accidents in Georgia: Not Enough Insurance Coverage
It’s pretty straightforward: The costs of catastrophic accidents are huge, usually reaching well over $100,000 and can even hit millions when it comes to paying for serious injuries. But, there’s a big problem: sometimes, there’s just not enough insurance coverage available. If the person or company at fault doesn’t have enough insurance to cover the settlement, getting any extra money can be really tough. This is a common issue personal injury lawyers face when they take on clients who’ve been badly hurt. In these situations, the victim can be saddled with hundreds of thousands of dollars in debt, adding a terrible burden to an already injured individual.
When a personal injury lawyer picks up a case where someone was seriously injured because someone else was clearly at fault, their main job becomes finding any insurance coverage that’s available to cover the damages. They have to get creative, looking into every possible source, including insurance that covers drivers who don’t have enough insurance or any at all (known as UIM/UM coverage). So, Here are some examples:
Traumatic Brain Injuries (TBI): A TBI can permanently change the way your brain functions. The impacts of a TBI can make it difficult to think, make even small decisions or solve problems, to remember things, or even to manage the way you act. People with serious TBIs may never be able to hold down a job again. They might also need help with their daily activities for the remainder of their lives.
Spinal Cord Injuries: These injuries can cause paralysis. This means that you might not be able to move or feel parts of your body depending upon where the injury is located. Depending on the injury, you might not be able to walk again or use your arms. This could mean you will need constant care for the rest of your life.
Amputations: Amputation is the removal of a part of your body – fingers, toes, arm or leg(s) for example. This catastrophic injury will impose a new set of abilities for the rest of your life. Even with the help of prosthetic devices, which are constantly improving, such a loss can make doing simple things difficult or impossible
Severe Burns: Bad burns leave scars and change how your skin looks, feels, and moves. People who have suffered severe burns might need many surgeries, skin grafts as well as long-term therapy. In addition, there can also be great difficulty with the impacts brought about by scarring and disfigurement requiring extensive psychological therapy
Chronic Pain Conditions: Pain management, which is sometimes the best solution to ongoing painful conditions, can be expensive, time consuming, and physically frustrating. Some injuries can cause long-term pain that simply will not go away. Chronic back pain, as an example, can make daily life challenging and often discouraging. Facing pain each and every day can be demoralizing.
Vision or Hearing Loss: When you lose your sight or hearing changes the way in which you interact with the world. Such losses require not only learning new tools such as learning Braille or American Sign Language, but it can also make it hard to work or socialize as you did before.
Organ Damage: If your accident damages your organs (like your heart, lungs or liver, for example), your health may be impacted for a very long time. You may need regular medical care and may be forced to face limitations on what you can do.
Degenerative Disc Disease Caused by Spinal Injuries: Following a serious spinal injury, this condition can develop. It can cause chronic pain and may eventually impact your mobility. Because it is a degenerative disease, it may over time, make it difficult to stand, to walk, or to sit for long periods, severely impacting daily life, while figuring out how much money is needed or proving who’s to blame might not be too hard, the real work is in tracking down enough insurance money to pay for the damages. Detective work like this is crucial. Ultimately how well this work is done can make the difference between a poorly compensated victim and a fully compensated one.
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