No two cases are alike and, therefore, the amount of time it takes for these cases to resolve will also differ. However, generally, catastrophic injury cases tend to take more time than other personal injury cases due to the fact that they tend to involve higher damages. Insurance companies will do whatever it takes to avoid having to pay the large sum of compensation that is often necessary for catastrophic injury victims, so you can expect some heavy pushback from them during negotiations.
Do These Cases Usually Settle?
It is not uncommon for catastrophic injury cases to settle. Oftentimes, the insurance company of the at-fault party is concerned that, if the case were to go through litigation, a jury might enter a judgment for a large sum of money. Of course, they will take the time to find out as much as they can during the discovery process and, if they are unable to find any evidence that can potentially be used against the plaintiff, they will settle to protect themselves rather than gambling on a trial.
What Happens When a Catastrophic Injury Victim Dies After Filing a Lawsuit?
One cannot always recover from a catastrophic injury and, in some cases, he or she might die after filing a lawsuit. When this happens, the family of the decedent will take over and two claims can be made – a wrongful death lawsuit and a survival cause of action. A survival cause of action is the statutory right to continue with a lawsuit through the executor of the decedent’s estate.
Should You Ever Speak to the Insurance Company on Your Own?
Much like any other personal injury case, it would be wise to let your attorney handle all correspondence with the at-fault party’s insurance company to avoid any costly or unnecessary mistakes. If you do end up speaking with the at-fault party’s insurance company, do not provide a recorded statement and never sign a medical release form. Remember, the insurance company is not your friend and anything you say to an insurance adjuster can potentially be used against you, harming your chances of obtaining the fair and just compensation you rightfully deserve.
Dedicated Catastrophic Injury Attorneys in Atlanta
If you sustained a catastrophic Injury as a result of someone else’s negligent or careless actions, you have a right to hold the at-fault party accountable for their actions. At Pratt Clay, LLC, our team of Atlanta catastrophic injury attorneys is passionate about providing fierce legal representation on behalf of those who have been wrongfully injured.