Atlanta Catastrophic Injury Attorneys

Representation for Seriously Injured Victims

Catastrophic injuries are life-altering events that bring immense physical, emotional, and financial burdens. When such injuries occur due to someone else’s negligence, the consequences can be even more overwhelming. At Cunningham Bounds, our Atlanta catastrophic injury lawyers are dedicated to helping victims and their families secure justice and obtain the compensation needed for a brighter future.

When you suffer catastrophic injuries because of another party’s negligence, you deserve compensation for your medical bills, lost income, and other losses. Unfortunately, it can be difficult to get what you deserve, as the at-fault party and their insurance company will likely make every effort to avoid responsibility.

You do not have to shoulder the burden of fighting for justice alone. At Cunningham Bounds, our award-winning attorneys have been fighting for the seriously injured since 1958 and have amassed a record of proven results, landmark victories, and billions of dollars in verdicts and settlements. Now, our Atlanta catastrophic injury lawyers are ready to put our experience and resources to work for you. 

If you or someone you love were seriously injured by another’s negligence, the time to seek legal support is now. Call (404) 609-1081 or contact us online for a FREE consultation.

What Is a Catastrophic Injury?

A “catastrophic injury” is any injury that’s substantially life-altering. It may be an injury that causes incredible pain or suffering, permanent disability or disfigurement, and/or long-term or life-long medical needs, among many other types of damages. 

Examples of catastrophic injuries include:

Living with a catastrophic injury takes a lot out of victims and their loved ones. We understand how to strategically advocate for victims and families in these difficult scenarios. Our Atlanta catastrophic injury attorneys can evaluate your circumstances and walk you through your legal options during a personalized consultation. 

We Can Help You Seek Compensation for Catastrophic Injuries

When you sustain catastrophic injuries through no fault of your own, the responsible party or parties need to be held financially accountable for your new reality and its life-altering consequences. Our team at Cunningham Bounds may be able to negotiate a fair settlement with the at-fault party or their insurer. If an acceptable settlement cannot be reached, you will need to consider civil litigation.

Because there are time limits associated with seeking compensation through civil litigation, it is in your best interest to get legal advice as soon as possible after you suffer a catastrophic injury. Waiting too long can prevent you from securing the compensation that you are owed.

What Causes Catastrophic Injuries?

Catastrophic injuries are severe, life-altering conditions that often occur unexpectedly and have long-term or permanent effects. These injuries can result from various types of accidents and events, including:

  • Motor Vehicle Accidents: High-speed collisions, especially those involving large trucks or motorcycles, can lead to catastrophic injuries like traumatic brain injuries, spinal cord injuries, and amputations.
  • Workplace Accidents: Falls from heights, machinery malfunctions, and exposure to hazardous materials in workplaces can cause severe, debilitating injuries.
  • Medical Malpractice: Surgical errors, misdiagnosis, and birth injuries can result in permanent physical and cognitive impairments.
  • Defective Products: When products such as vehicles, machinery, or medical devices malfunction, they can cause catastrophic injuries to users.
  • Slip and Fall Accidents: Falls, particularly from significant heights, can cause serious injuries, including traumatic brain injuries and spinal cord damage.
  • Violent Acts: Assaults, shootings, and other violent crimes can leave victims with life-altering injuries.

Who Can File A Catastrophic Injury Claim?

In Georgia, a catastrophic injury claim can generally be filed by:

  • The Injured Victim: If you’ve sustained a catastrophic injury due to someone else’s negligence, you have the right to file a claim seeking compensation for your losses.
  • Legal Guardians or Family Members: If the injured person is incapacitated or unable to file a claim themselves, a legal guardian or close family member may file on their behalf.
  • The Estate of the Deceased: In the tragic event that a catastrophic injury results in death, the victim's estate may file a wrongful death claim to recover damages on behalf of the family.

Filing a claim involves meeting specific legal requirements and deadlines, which is why consulting with an experienced catastrophic injury attorney is crucial to ensuring your rights are protected.

How to Prove Fault in a Catastrophic Injury Case in Georgia

Proving fault in a catastrophic injury claim involves demonstrating several key elements:

  1. Duty of Care: You must show that the defendant owed you a duty of care. For example, drivers have a duty to follow traffic laws, and doctors must adhere to medical standards.
  2. Breach of Duty: Next, you must prove that the defendant breached this duty through negligence, recklessness, or intentional misconduct. This could be a driver running a red light or a doctor making a surgical error.
  3. Causation: You need to establish that the defendant’s breach of duty directly caused your catastrophic injury. This is typically done through medical records, expert testimony, and accident reconstruction.
  4. Damages: Finally, you must demonstrate that the injury has caused significant damages, such as medical expenses, lost income, and long-term care needs.

Who Is Liable for a Catastrophic Injury?

Liability in a catastrophic injury case depends on the circumstances of the injury. Potential liable parties may include:

  • Negligent Drivers: In motor vehicle accidents, the at-fault driver is typically liable for the injuries they cause.
  • Employers: In workplace accidents, employers may be held liable if they failed to provide a safe working environment or violated safety regulations.
  • Medical Professionals: In cases of medical malpractice, doctors, nurses, or hospitals may be liable for injuries resulting from substandard care.
  • Product Manufacturers: If a defective product caused the injury, the manufacturer, distributor, or retailer may be held liable under product liability laws.
  • Property Owners: In premises liability cases, property owners may be responsible if unsafe conditions on their property lead to catastrophic injuries.
  • Third Parties: In some cases, third-party contractors, subcontractors, or even government entities may share liability for the injury.

Identifying all potentially liable parties is essential for maximizing your compensation and ensuring justice is served. It’s why our award-winning attorneys devote an incredible amount of time and resources to conducting meticulous investigations, collaborating with relevant experts, and gathering the necessary evidence to support claims against appropriate defendants. 

Important Evidence in Catastrophic Injury Cases

Gathering strong evidence is crucial in building a successful catastrophic injury claim. Important types of evidence include:

  • Medical Records: Detailed documentation of your injuries, treatments, and long-term prognosis is vital for proving the extent of your damages.
  • Accident Reports: Police reports, workplace incident reports, or other official documentation can help establish the facts of the case.
  • Witness Statements: Testimonies from witnesses who saw the accident or event can support your version of the events.
  • Expert Testimony: Expert witnesses, such as medical professionals or accident reconstruction specialists, can provide authoritative opinions on how the injury occurred and its impact.
  • Photos and Videos: Visual evidence of the accident scene, your injuries, and any contributing factors can be compelling in court.
  • Employment Records: Documentation of lost wages, diminished earning capacity, and other financial impacts is important for calculating economic damages.

What Are the Long-Term Effects of a Catastrophic Injury?

Catastrophic injuries often have profound and long-lasting effects on the victim’s life. These effects may include:

  • Physical Impairments: Catastrophic injuries can result in permanent disabilities, such as paralysis, amputation, or loss of mobility.
  • Cognitive Impairments: Brain injuries can lead to memory loss, difficulty concentrating, personality changes, and other cognitive issues.
  • Emotional and Psychological Impact: Victims may suffer from depression, anxiety, PTSD, and other mental health challenges due to their injuries.
  • Financial Strain: Ongoing medical care, rehabilitation, and loss of earning capacity can create significant financial burdens for victims and their families.
  • Impact on Quality of Life: Many victims experience a diminished quality of life, as they may be unable to participate in activities they once enjoyed or require constant assistance with daily tasks.

The long-term effects of a catastrophic injury must be fully accounted for in any legal claim to ensure fair compensation.

Damages Available in a Catastrophic Injury Claim

Victims of catastrophic injuries in Georgia may be entitled to various forms of compensation, including:

  • Economic Damages: These cover tangible financial losses such as medical expenses (both past and future), lost wages and loss of earning capacity, rehabilitation and long-term care costs, and home modifications or assistive devices.
  • Non-Economic Damages: These address the intangible impacts of the injury, such as pain and suffering, emotional distress, loss of enjoyment of life.
  • Punitive Damages: In cases involving extreme negligence or intentional misconduct, punitive damages may be awarded to punish the wrongdoer and deter similar behavior.

The goal of a catastrophic injury claim is to fully compensate the victim for the wide-ranging effects of their injury, ensuring they have the resources needed for their recovery and future care.

Statute of Limitations for Catastrophic Injuries in Georgia

As noted earlier, the general statute of limitations for catastrophic injury claims in Georgia is two years from the date of the injury. However, it’s essential to be aware of the nuances that can affect this timeline, such as:

  • Delayed Discovery: If the injury or its cause is not immediately known, the statute of limitations may begin at the time of discovery.
  • Government Claims: If a government entity is involved, different rules may apply, often requiring a shorter filing period.
  • Special Circumstances: The statute of limitations may be extended for minors, incapacitated individuals, or if fraud or intentional concealment is involved.

Because these deadlines are strict, it’s crucial to act quickly to preserve your rights and avoid missing the window to file a claim.

Request a FREE Review of Your Case: (404) 609-1081

Cunningham Bounds is known nationally for helping victims overcome enormous legal challenges to secure the justice and compensation they deserve. If you or someone you love were catastrophically injured anywhere in Atlanta or the surrounding region, we want to help.

Our firm offers FREE and confidential consultations and handles cases on contingency. This means that there’s no cost to hire our team and no fee unless a successful recovery is made in your case. To request your free case review, call (404) 609-1081 or contact us online.

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