tuned IN to Injury
Serious Injury
Duluth Serious Injury Lawyer
When someone’s life has been drastically altered by an injury, they need an attorney who has specific skills in cases that involve major injuries with damage calculations that need to project out over a long period of time. Serious injury cases are not the same as other personal injury claims and the experience of the Duluth serious injury lawyer they retain should reflect that.
What is a Serious Injury in Georgia?
There’s an adage saying that “minor surgery” is that which is being performed on someone else. In that same vein, we might say that a “serious injury” is something that happens to us. That can be how it feels, but there is objective criteria that defines what “serious injury” is for the purposes of Georgia law.
Serious injury is typically understood by the courts to involve damage ranging from dismemberment to fractures to the consequential limitation of using a body part. To be considered “serious injury”, a plaintiff will generally need to be removed from their daily activities for at least three months.
Under certain circumstances, causing serious injury can leave a defendant subject to criminal charges. These are separate from the civil case that the injured party is bringing forward, but a guilty plea or conviction in a criminal case can certainly substantiate the plaintiff’s claims in a serious injury lawsuit.
At Attorney in Tune, LLC we aim to prove diligent advocacy and well-documented settlement proposals that our clients can rely on for their recovery. From our Duluth office, we serve Lawrenceville, Norcross, all of Gwinnett County and up into Hall County. Call today at (833) 663-7468 or contact us online to set up a free consultation.
How Are Damages Calculated in a Georgia Serious Injury Case?
Damages in any personal injury case can be both compensatory and punitive. Compensatory damages are split into two categories–remuneration for measurable costs, along with an effort by the court to compensate a plaintiff for non-economic damages such as pain and suffering.
Then there are punitive damages, which can be awarded by a court as a punishment to the defendant–essentially a warning to others that the type of negligence that resulted in the serious injury is completely unacceptable. Punitive damages are most commonly associated with cases where the defendant is a large corporation that has acted irresponsibly.
The amount of damages awarded in each case will depend on the specific circumstances involved and how well the Duluth serious injury lawyer in charge of the case presents these circumstances to the court. The attorney for the injured plaintiff has to be ready with answers to questions like these…
- What are the immediate medical bills faced by the plaintiff, starting with the cost of hospitalization?
- What is the cost of lost wages–this can be easily documented with past W-2 or 1099 forms that show the income the plaintiff earns
- What will be the financial cost of ongoing rehabilitation? In serious injury cases, it may be important to bring in testimony from medical experts on how long rehab is going to take.
- Does the plaintiff’s home need to be remodeled to adjust for their changed circumstances? This might include ramps, or any other renovations needed to make the home accessible?
- Is an entirely new house going to be required for the plaintiff given their new reality?
- Can the plaintiff be reasonably expected to advance in their career in the same way they would have prior to the accident? The loss of future earnings can be a part of compensatory damages, and this is another area that may require calling in outside testimony.
- What personal hobbies that the plaintiff previously enjoyed are now off-limits?
- Has the plaintiff lost the ability to enjoy time with family and friends?
- Does the plaintiff need therapy for depression or any other mental health issue that may have arisen because of the accident?
These are just a handful of the questions that should be asked and issues that must be analyzed in finding the way to a fair serious injury settlement. Furthermore, even getting to the point of asking these questions presumes a Duluth serious injury lawyer was able to successfully demonstrate the defendant’s responsibility for the plaintiff’s injuries.
