GA Injury Claim Myths: Don’t Lose Your Right to Sue

Navigating the aftermath of a catastrophic injury in Savannah, Georgia, can feel like traversing a minefield of misinformation. Are you sure you know the truth about your rights and options?

Myth #1: You Have Plenty of Time to File a Claim

The misconception is that you can wait indefinitely to pursue a catastrophic injury claim. That’s just not true. The reality is that Georgia has a statute of limitations – a strict deadline – for filing personal injury lawsuits. Specifically, O.C.G.A. Section 9-3-33 generally gives you two years from the date of the injury to file your lawsuit. Miss that deadline, and you likely lose your right to sue, regardless of the severity of your injuries.

I had a client last year who suffered a spinal cord injury after a car accident near the Abercorn Street and Victory Drive intersection. He delayed seeking legal advice because he was focused on his recovery, which is understandable. By the time he contacted us, almost 18 months had passed. We were able to expedite the investigation and file the lawsuit just in time, but it was a close call. Don’t risk losing your opportunity for compensation.

Myth #2: If You Were Even Partially at Fault, You Can’t Recover Anything

Many people wrongly believe that if they contributed in any way to the accident that caused their catastrophic injury, they are barred from recovering any damages. This is incorrect. Georgia follows a modified comparative negligence rule as outlined in O.C.G.A. Section 51-12-33. This means that you can still recover damages even if you were partially at fault, as long as your percentage of fault is less than 50%. For more information, see our article on fault in catastrophic injury cases.

For example, imagine a pedestrian is struck by a car while crossing Broughton Street against the light. The pedestrian suffers a traumatic brain injury. Even if the pedestrian was, say, 20% at fault for crossing illegally, they could potentially recover 80% of their damages from the driver if the driver was speeding or otherwise negligent. It’s not an all-or-nothing situation.

Myth #3: The Insurance Company’s Offer is Fair and Final

The misconception here is that insurance companies are always looking out for your best interests and that their initial settlement offer is a fair reflection of the value of your claim. In my experience, this is rarely the case. Insurance companies are businesses, and their goal is to minimize payouts. The initial offer is often far below what your claim is actually worth.

We recently handled a case where a client was injured in a truck accident on I-95 near Savannah. The insurance company initially offered $50,000, claiming that was the maximum policy limit. After we conducted our own investigation and threatened litigation, we discovered that the policy limit was actually $1 million, and we ultimately settled the case for $900,000. Don’t assume the insurance company is being honest or fair. This is why it’s so important to understand what they don’t tell you.

Myth #4: You Don’t Need a Lawyer for a “Simple” Case

There’s no such thing as a “simple” catastrophic injury case. These cases are inherently complex due to the severity of the injuries, the extensive medical treatment required, and the potential for long-term disability. Trying to navigate the legal system and negotiate with insurance companies on your own while dealing with the physical and emotional trauma of a catastrophic injury is a recipe for disaster. For example, you might be facing $1M+ in costs.

Moreover, accurately assessing the full value of your claim requires expertise in areas like medical billing, economic forecasting, and life care planning. We often work with experts in these fields to determine the long-term costs associated with a catastrophic injury, including future medical expenses, lost earnings, and the cost of assistive devices and home modifications. Here’s what nobody tells you: many attorneys also front the costs of these expert witnesses, which can be substantial.

Myth #5: Pain and Suffering is Hard to Prove

While it’s true that quantifying pain and suffering can be challenging, it’s not impossible. In Georgia, you are entitled to compensation for both economic damages (like medical bills and lost wages) and non-economic damages (like pain and suffering, emotional distress, and loss of enjoyment of life). O.C.G.A. Section 51-12-2 outlines these potential damages.

We use various methods to prove pain and suffering, including medical records, witness testimony, photographs, and videos. We might also use a “day-in-the-life” video, which shows how the injury has impacted the victim’s daily activities. I recall a case where a client who suffered a spinal cord injury could no longer participate in his favorite hobbies, like fishing and playing golf at the Savannah Golf Club. We presented evidence of his diminished quality of life, which significantly increased the value of his claim. You can also review 3 steps to protect your health & claim.

Don’t let these myths deter you from seeking the compensation you deserve after a catastrophic injury. The legal system can be complicated, but with the right guidance, you can protect your rights and secure your future.

If you’ve suffered a catastrophic injury in Georgia, don’t let misinformation stand in your way. The next step is to seek qualified legal counsel to understand your rights and options.