FAQs About Catastrophic Injury Claims in ATL

Here are several frequently asked questions about catastrophic injury claims:

How is fault determined in a catastrophic injury claim in Georgia?

Georgia follows a "modified comparative negligence" rule, meaning a person can recover damages as long as they are less than 50% at fault for the incident. However, the amount of compensation is reduced by the percentage of the victim’s own fault. For example, if a court finds you 20% at fault for an accident that caused your injury, your total compensation will be reduced by 20%. Establishing fault is especially important in catastrophic injury claims, as the stakes and potential payouts are much higher due to the lifelong nature of the injuries.

What should I do immediately after sustaining a catastrophic injury in Atlanta?

If you suffer a catastrophic injury, your first priority should be seeking immediate medical attention. Even if you believe your injuries are manageable, they can possibly worsen or reveal complications over time. After stabilizing your health, document everything—photos of the scene, your injuries, witness contacts, and any reports (police, workplace, etc.). As soon as you're able, consult a catastrophic injury attorney in Atlanta to help preserve evidence, assess liability, and start building a case while the details are still fresh.

How long does it take to resolve a catastrophic injury case?

The timeline for resolving a catastrophic injury claim can vary significantly based on the complexity of the case. Some may settle in a few months, while others can take a year or more—especially if the case goes to trial. Factors that influence the timeline include the extent of the injuries, the clarity of fault, the willingness of the insurance company to negotiate, and the need for expert medical evaluations. Because catastrophic injuries usually involve large damages, insurers may delay or challenge the claim more aggressively.

Will I need to go to court to win my catastrophic injury claim?

Not always. Many catastrophic injury claims are settled out of court through negotiations between attorneys and insurance companies. However, if a fair settlement cannot be reached or liability is heavily disputed, your case may need to go to trial. In those situations, having a lawyer experienced in Atlanta’s civil court system is critical to navigating the litigation process and presenting a strong case to a jury.

Can family members receive compensation in catastrophic injury cases?

Yes, in some cases, family members may be entitled to compensation, especially if they are financially or emotionally impacted by the victim’s injury. For example, spouses may be able to claim “loss of consortium,” which covers the loss of companionship, affection, or intimacy due to the injury. In more extreme cases—such as when the victim requires full-time care—family members may also seek compensation for caregiving expenses or lost income due to quitting a job to provide care.

What if I was partially at fault for the accident that caused my injury?

Under Georgia’s modified comparative negligence rule, you can still recover damages as long as you're less than 50% responsible for the accident. However, your compensation will be reduced in proportion to your share of fault. For example, if you are awarded $1 million but found to be 30% at fault, you would receive $700,000.

How long do I have to file a catastrophic injury claim in Atlanta?

In Georgia, the statute of limitations for personal injury claims—including catastrophic injuries—is generally two years from the date of the injury. However, there are exceptions that can extend or shorten this period. For instance, if the injury involves a government entity or medical malpractice, different timelines and procedures may apply.

Do I need a catastrophic injury lawyer in Atlanta?

If you or a loved one has suffered a severe injury caused by negligence, securing legal representation from an experienced injury lawyer is imperative to safeguard your rights and economic security. Here are some important reasons to partner with our Atlanta catastrophic injury attorneys: 

• Proving liability: Determining liability in a catastrophic injury lawsuit can be complex, especially when the case involves multiple parties. A skilled attorney can thoroughly investigate your case to determine who is at fault and hold them accountable for negligence. 
• Calculating damages: Catastrophic injuries often result in significant financial losses, including medical bills, lost wages, and ongoing care costs. Fortunately, our lawyers have a vast network of professional contacts and resources to calculate the fullest extent of your damages and fight for fair compensation.
• Navigating the legal process: Dealing with insurance companies and legal procedures can be overwhelming, especially in the aftermath of a serious injury. Your lawyer can handle all aspects of your case, allowing you to focus on making a swift recovery.