accidents

Catastrophic Injuries and the Law

Catastrophic injuries can occur in a variety of situations and damage just about anywhere on the body. Most people think about car accidents as the primary location for an injury of this magnitude.

However, they occur at places of high risk such as a construction zone, as a result of a defective consumer product, or even as the result of a pharmacy error or malfunctioning medical device.

Defined as an injury that permanently prevents someone from performing gainful work because of the severity and long-term effects which occur, catastrophic injuries can create a lifelong disability for an individual. As a result, medical costs and lost wages could negatively impact the life of the person injured along with their family.

If you’ve experienced a catastrophic injury as a result of someone else’s negligence, seeking out legal support from an experienced personal injury attorney can be your best course of action.

Common causes and types of catastrophic injuries

Most catastrophic injuries occur as a result of an accident. In the case of motor vehicle accidents, severe injuries can happen in situations involving cars, trucks, pedestrians, bicyclists, or motorcyclists. Additionally, an injury of this magnitude can take place as a result of:

Water vehicle accidents
Sport accidents
Falling from a great height
Experiencing a violent crime
Enduring a fire or explosion
Using a defective product

Injuries range from serious head trauma, to amputation, or multiple bone fractures. Damage can be done to the eye, shoulder, foot, back, neck, or brain. Severe burns, organ damage, spinal cord injuries and neurological disorders are also a possibility, along with injury resulting from exposure to hazardous chemicals and substances.

Each potential injury can lead to a lifetime of struggle that’s costly and stressful, which is why pursuing appropriate compensation with the help of a personal injury attorney is so essential.

Effects and the recovery process

A man with an injured and bandaged arm gives a thumbs up.

The effects of these types of injuries vary, but most lead to long-term issues from paralysis to pain to mental health issues. Recovery is also lengthy and may require both physical and mental support to adjust to the changes a catastrophic injury may create.

Between the effects of the injury and the process of recovery, healing can require care over months, years, or even indefinitely. This can lead to loss of income from no longer being able to work. You may also experience a delay in returning as you learn how to function in the new physical state you may find yourself if your injury leads to paraplegia or quadriplegia.

What to expect when pursuing legal action

Enduring a catastrophic injury is challenging and stressful enough for the individual suffering as well as close family members. Adding in the confusion often felt by going through the legal process of pursuing a personal injury claim can feel daunting.

The legal process begins with establishing whether or not the catastrophic injury was caused by the negligent or intentional act of another or a dangerous or defective product. Settlements seek to compensate for the lifelong challenges that may result from the injury and are often much higher than with other personal injuries due to the severity.

Once your personal injury attorney establishes negligence, they then begin to work on establishing the the true impact of the injury. It most likely won’t be totally apparent by the time the claim goes to court.

An experienced attorney such as the ones at The Patterson Cozzo Law Firm can review all the details of your injury to build a case that includes adequate compensation for the extent of your recovery.

Providing the personal attention you need in a situation like this, they’ll work to get you the best possible outcome for your case. The initial consultation is free, so set up your first appointment today.

Determining Your Settlement in a Commercial Truck Accident

View from a highway center lane, between a commercial truck and a car.

According to the Federal Motor Carrier Safety Administration, there were almost 169,000 large truck and bus crashes in 2017 with 54% of those accidents resulting in injuries. Because of the overall size and weight of commercial trucks, accidents involving these vehicles can be significantly more serious than those involving only regular motor vehicles. Even going slowly, the disparity between the overall bulk of commercial trucks when compared to cars still presents a high risk for excessive damage and/or personal injury for those involved in an accident. Because of this, settlements, when awarded, tend to be higher than in regular car accidents.

Establishing fault at the scene

Before any settlement can be reached, in any type of accident case, including trucking accidents, fault must be established. As a result, it is imperative to take the time to collect the proper information at the scene of the accident to help your attorney establish fault.

Document everything immediately following the accident – take pictures, collect information from the other driver(s) involved, and call the police to the scene to make an official report. Don’t move anything or try to clean anything up.
Look around for any witnesses and ask for their contact information. Make sure the police speak to them as well to collect a statement.
Get a copy of the police report. Keep this as evidence for your attorney.

At this time, should you be experiencing any personal injuries, it’s important to seek immediate medical attention. Don’t be uncomfortable calling an ambulance to transport you to the nearest hospital. As you receive treatment for your accident-related injuries, keep all medical records, doctor’s notes, and receipts together as your attorney will need this information to establish the nature and extent of your injuries and, ultimately, your damages.

Engaging a personal injury attorney early on is extremely helpful. Their knowledge of situations similar to yours will help ensure you gather all the evidence you will need for your case.

Working with your attorney to calculate compensation

In addition to helping you prepare your personal injury case in a commercial trucking accident, your lawyer will also help you calculate an appropriate settlement amount to ask for in your suit. This is done by looking at a few key factors related to your accident and your injuries.

Medical expenses

The total cost of medical expenses is a big contributing factor in calculating your settlement since accidents with a commercial truck can lead to more serious injuries and higher medical bills. Personal injuries that lead to long-term or on-going treatment due to severe or life-altering injuries will be factored in as well. It’s important to document everything that relates to your medical treatment and keep copies of receipts, doctor notes, and medical records.

Lost wages

Should your injury be severe enough that you’re required to miss work, you are likely entitled to compensation for the amount of work and/or income missed. Keep track of all the time off you had to take and the total amount of lost wages you encountered as a result. Make sure you get clear documentation from your employer that includes your normal hours, your associated wages, and how much time you took off. If your injuries are such that you can’t return to work at all, document that as well since it will contribute to the overall total of your settlement request.

Pain and suffering

This dollar amount is established based on the overall details of your accident — examining your injuries, missed work, damages, and how it all will impact you and your family. There is no documentation to help establish this portion of your settlement, so it’s hard to prove how necessary it is to an insurance company looking to fight against as much of your settlement as possible. However, with the right attorney advocating for you, it will be easier to have this portion of your settlement considered.

Emotional pain

While this may end up being a part of your medical expenses if you’re treated for a clinical issue related to your accident like PTSD, depression, or anxiety, it can end up as a separate item in your settlement calculation based on what you’re citing as emotional distress.

Fatality

Sadly, because of the typical magnitude of an accident with a commercial truck, fatalities do occur more often than in accidents only involving cars. Should the unthinkable happen, you may be able to sue for wrongful death as a surviving family member, which may impact your total settlement request. Wrongful death suits can be filed by a direct family member, such as a spouse or child, against the driver of the truck or the trucking company itself.

Navigating the complexities of this type of personal injury case

No two accidents are ever the same, and because a situation involving a commercial truck is automatically more complex, it’s important to work with an experienced attorney to guarantee you’re asking for an appropriate amount of compensation based on the parameters of your accident. The seasoned team at The Patterson Cozzo Law Firm is committed to transparency, integrity, and a desire to work alongside you to ensure you receive the result that your case and circumstances deserve. Initial consultations are free and easy to schedule. Simply click here to fill out our online form.

How to Handle Personal Injury In Bike-Car Collisions

Do you know how many bike-car collisions happen every year?

According to the CDC, there were almost 467,000 bicycle-related injuries in 2015 in the US. Not all of these involved bike-car collisions, but because Georgia law considers bicycles “vehicles” cars and bikes are constantly on the road together. Cyclists are put at greater risk as they are required to share the road with motorists.

Ideally, with the recent law prohibiting motorists from using a mobile device while driving (even if the car is stopped at a light or stop sign,) cyclists will have less to fear on the road from distracted drivers, but should you find yourself in an accident with a car, there are some essential things you should do.

What to do first after a bike-car collision

Initially, after you, as a bike rider, are in an accident with a car, to the extent that you are physically able to you should follow basic accident protocol. Collect contact information, license plate number, and insurance information from the driver of the vehicle. Call the police to come to the scene and request that they prepare an accident report.

Be sure not to move your bike prior to an officer documenting the scene in order to get an accurate report should you need it to support your claim for compensation. You want everything to stay just as it was immediately following the accident.

Secondly, assess whether you’ve experienced any personal injuries that require medical attention. It’s important to seek medical treatment immediately after you’re able to leave the scene of an accident. Any time elapsing between an accident and medical treatment can dilute your case for compensation.

Document everything, including taking pictures of the accident scene and your injuries and maintain records of your injuries and treatment. Having documentation from a certified physician is also important should you need evidence of your injuries down the road for insurance purposes or for a lawsuit.

It may seem like the next logical step is to reach out to the insurance company to begin processing a claim. However, most personal injury attorneys advise against doing this without preparing a statement first.

Insurance companies are looking to pay out a minimal amount for any claim. They can easily take an unorganized statement from you, the victim, and use it against you later in an attempt to minimize the value of your claim. We typically recommend not speaking to the at-fault party’s insurance company without first consulting with an attorney.

Be prepared if things escalate

While the ideal resolution to your personal injury case involves quick and easy compensation, there’s always a chance the battle will be difficult.

Be prepared for this to happen by maintaining evidence you can provide your personal injury attorney should they need to step in to assist you. Keep your damaged bike and the clothing you wore during the accident as they were immediately following the collision.

Don’t repair the bike or clean the clothes. Take pictures as well to document, but keeping things are they were provides you with optimal evidence should you need it. Damaged equipment and torn or stained clothing is better evidence than simply having photographs from the scene.

How to find the right personal injury attorney

Many bike-car accidents are settled prior to the need for any legal action to be filed or pursued. This is due, in part, to the help a personal injury lawyer can provide. If you’ve been injured as a result of a bicycle-car collision we can help.

Contact The Patterson Cozzo Law Firm to schedule a free initial consultation. Receive the personalized attention from our attorneys that only a smaller law firm can provide and get the compensation that you deserve based on the individual facts of your case.

Bicycle Accident Lawyers Fight For Your Rights

People all over the world have recognized the health benefits and ecological benefits of riding a bicycle. Bicycles provide a way to exercise that is fun and practical, but like anything else, they have their dangers. Accidents are extremely dangerous for cyclists and can lead to serious injuries. While there are many things you can do to prevent them, it’s not possible to avoid accidents completely. When you are in an accident, the last thing you want to do is think about all of the different protocols you should be following. A knowledgeable bicycle accident lawyer can do the thinking for you.

Getting a bicycle accident attorney is not something you will likely want to think about while you’re recovering from an accident, but the best way to protect your rights is to get one. There are millions of ways accidents can occur, and no matter how many emergency maneuvers you learn, they happen. An experienced bike accident lawyer will know the kinds of questions that come up in court with insurance companies and bicycle companies and will know the early steps you can take that will help ensure you are compensated appropriately.

The first thing you can do to ensure your time in court will be easier is to seek medical attention. Seeking medical attention not only gives you the opportunity to be sure that you did not sustain any hidden injuries, but it also has the bonus of keeping a comprehensive record for you of information you may need when it’s time for court. Additionally, having a witness to any injuries surely can’t hurt.

You may be offered a settlement. In these cases, it is so important that you talk to an experienced bicycle injury lawyer. A large settlement can seem like enough money, but if you haven’t taken into account the severity of your injuries and the impact they will have on your daily routine, you could be making the wrong move. An experienced lawyer will be able to give you insight on whether you deserve more. This step is very closely related to seeking medical attention. If you don’t fully know the extent of your injuries, you don’t know what you may need in the future.

There are many ways that a bicycle accident could be caused by a manufacturer defect; among them are improper assembly, parts that break more easily than they should, poor design and improper welding. It is important not to get rid of your bicycle or to have it repaired before speaking with an experienced bike accident attorney. If the accident was caused by a manufacturer defect, it will make it much easier to prove if you have the physical bicycle in the condition it was in at the time of the accident.

You deserve to heal without worrying about the cost of your treatment, and no one wants to worry about medical expenses while they are recovering from an accident. The best way to ensure you and your loved ones are taken care of is to call the Patterson Firm at 770-422-8840.

Have you been injured in a bike accident. Get a free consultation with one of our attorneys. Fill out the form below.