You file a catastrophic injury claim in Georgia by documenting your injuries, identifying the liable party, and using that evidence to submit a claim with the at-fault party’s insurer. While that sounds straightforward, these cases are among the most complicated claims because the damages are often serious, and insurers fight hard to minimize your compensation.
To get the damages you deserve after suffering severe injuries in an accident, you’ll need the help of a Marietta catastrophic injury lawyer. Let’s take a closer look at how to file a catastrophic injury claim in Georgia and how an experienced attorney will help you get the best results possible.
Document Your Catastrophic Injuries
Thoroughly documenting your condition is one of the most important things you can do when filing a catastrophic injury claim in Georgia. The more detailed your medical records are, the harder it will be for the insurance company to downplay the severity of your condition when it comes to settlement negotiations.
You should begin documenting your injury as early as possible and continue throughout your recovery. Make sure to keep the following records:
- Emergency room reports
- Hospital admission records
- Surgical records and post-operative notes
- Diagnostic imaging results
- Treatment plans from medical specialists
- Prescriptions
- Medical device records for wheelchairs or home modifications
- Written records from your doctors outlining future care needs and physical limitations
In addition to saving formal medical records, you should also keep a personal journal documenting how your injuries affect your daily life. Make sure to include information like your pain levels and what tasks you can no longer perform. This kind of documentation can provide valuable support when filing a Georgia catastrophic injury claim.
Identify the Liable Party
Before you can file a catastrophic injury claim in Georgia, you need to determine who should be held legally responsible for your injuries. This is one of the most important steps that a personal injury attorney will take for you. In some cases, liability is obvious, like when a driver runs a red light and crashes into your vehicle. In others, it is less clear and may take significant work.
Depending on the details of your injury, any of the following parties could be liable:
- A negligent driver or their employer, if the accident involved a commercial vehicle
- A property owner who failed to maintain safe premises
- A medical provider whose negligence caused your condition
Establishing fault matters because it directly impacts the amount of damages you can recover. In injury cases where lifelong care is involved, a single insurance policy may not be enough to cover your losses. Pursuing claims against all responsible parties will ensure you are not leaving money on the table.
Meet with an attorney from Jones & Swanson to learn more about how to file a catastrophic injury claim in Georgia.
File a Claim or Lawsuit
Once the liable party has been identified, your attorney will file a Georgia catastrophic injury claim with their insurance company. This process involves submitting a demand package that outlines your injuries, evidence that shows negligence, and the damages you are owed.
The insurer will review the claim and, in most cases, respond with a settlement offer. However, the first offer is almost always lower than what your case is actually worth. Your attorney will negotiate on your behalf and push back against lowball offers.
If the insurance company refuses to offer a settlement that covers all your losses, your lawyer will take your case to trial and fight for the damages you deserve in court.
Keep the Statute of Limitations for Catastrophic Injury Cases in Mind
If you’ve been seriously hurt in an accident and are looking into how to file a catastrophic injury claim in Georgia, you should familiarize yourself with the state’s filing deadline for personal injury claims. Under Georgia Code § 9-3-33, you have two years from the date of your injury to file a personal injury lawsuit.
This deadline applies regardless of how severe your injuries are, and if you miss it, you will lose your right to pursue damages entirely. Hiring a personal injury attorney from Jones & Swanson soon after your accident will give your lawyer the time they need to prove fault and file all the necessary documents on time.
Get the Help You Need to File a Strong Catastrophic Injury Claim in Georgia
If you’ve suffered a severe injury in an accident, you deserve a legal team that will take the time to understand your situation and fight for every dollar of damages you are owed. At Jones & Swanson, that is exactly what we do. We are not a big firm that advertises on TV and rushes toward a quick settlement.
We are a relationship-driven firm that provides honest advice and personalized service. If you’re wondering about how to file a catastrophic injury claim in Georgia, we have the answers. Contact us today to schedule a free consultation, learn more about how to seek damages, and get the help you need to get a positive outcome.
