Atlanta Paralysis Injury Attorney for Victims of Negligence in Georgia

ATLANTA PARALYSIS ACCIDENT INJURY ATTORNEY

What is a Paralysis Injury Case in Georgia?

Paraplegic and quadriplegic paralysis are injuries that involve damage to the central nervous system in the spinal cord. When the spinal column is damaged, the impact is devastating, and often permanent. Stephen D. Apolinsky and our Atlanta paralysis injury attorneys have successfully delivered compensation for individuals who’ve suffered serious, debilitating and lifelong injuries.

Spinal cord injuries and other injuries that lead to paraplegia, quadriplegia, and paralysis are some of the most serious injuries you can suffer in an accident. These injuries are usually permanent, requiring thousands of dollars in lifetime medical care.

Any accident that causes damage to the spinal cord can cause partial or complete paralysis. Some of these injuries can heal, but others will mean permanent disability from one of two forms of paralysis, depending on the location of the injury:

  • Paraplegia, where the person has a lower-back spinal cord injury that results in leg paralysis. They still have the use of the arms and upper torso, and sometimes parts of the legs.
  • Quadriplegia, where the person’s injury is in the upper part of the back or the neck, causing paralysis of the arms, legs, and torso. In some cases, the person also has no ability to move the head or neck.

The closer the injury is to the brain, the more significant the injury. For those whose injuries impact the spinal cord or the brain, they may have permanent, long-term paralysis. This is considered a catastrophic injury.

At Apolinsky & Associates, LLC, we recognize the ways in which a paralysis injury can completely upend your life, and our attorneys will advocate on your behalf to ensure you are fairly compensated for your injuries.

Long Term Impacts of Paralysis Injuries Due to Negligence

The initial injuries are just the beginning of a paralyzed person’s journey. Those who do not walk again will see their mobility severely restricted, leading to modifications to their home and vehicle. For instance, if a person lives in a multiple-story home, they will need an elevator to be able to access the upper floors.

A patient with paralysis must also learn how to live with their new normal, including:

  • Employment
  • Driving
  • Personal care
  • Cooking and cleaning
  • Personal affairs such as bill paying and grocery shopping
  • Using a phone, computer, and other devices
  • Exercise and movement

Many patients will require assistance to continue living independently after an accident resulting in paraplegia/quadriplegia. With assistance, paralysis patients can continue to live a full life despite their injuries.

If you or a loved one have suffered paraplegia/quadriplegia injuries in Georgia and would like to know what damages you may recover as part of your case, contact Apolinsky & Associates, LLC, for a free case evaluation.

Proving Negligence & Causation in Paralysis Injury Cases in Georgia

On top of the emotional and financial impact that comes with sustaining a paraplegic or quadriplegic injury, victims who suffered their injury due to the negligence of another have to contend with a complicated legal system in order to obtain justice and be made whole.

When someone else’s negligence results in an injury, it’s up to the plaintiff (and their attorney) to prove this to the court. Georgia law has four requirements for proving negligence by a defendant:

  • The defendant had a duty of care to act in a way that avoided or prevented harm to another person
  • The defendant willfully or intentionally breached that duty of care, leading to an accident
  • The defendant’s actions, or lack of action, led to the action that caused the plaintiff’s injuries
  • The plaintiff suffered damages (financial losses) as the result of the accident that the defendant caused

All four elements must be shown to establish the defendant’s negligence.

Proving negligence is only the first step to obtaining full compensation for injuries suffered. Unfortunately, in far too many cases, victims of paraplegia/quadriplegia caused by negligence are offered far less compensation than they deserve. At Apolinsky & Associates, LLC, our team of dedicated Atlanta injury lawyers can help guide you through the process of gaining compensation.

Compensation & Damages Recoverable in Paralysis Injury Cases

As you can see, a paraplegia/quadriplegia injury is a difficult, painful, and expensive injury. Whether you’re temporarily out of work or permanently disabled, you’ll need help. After an accident caused by someone else’s negligence, you deserve compensation to help you heal and recover.

The amount you recover will depend on several factors, including:

  • Continuing medical treatment, including therapy
  • How the accident impacts their career and working life
  • How the accident impacts their mental and emotional health
  • How the accident impacts their quality of life
  • Initial treatment after the accident
  • Lost work time
  • The limits of the defendant’s insurance policy

With this in mind, we can pursue damages for:

  • Medical expenses, current and future
  • Property damage
  • Lost wages, current and future
  • Lost benefits
  • Loss of future earning ability
  • Disability/permanent impairment
  • Emotional anguish
  • Pain and suffering
  • Loss of enjoyment of life
  • Loss of consortium (for married couples)

Sometimes a person doesn’t survive their paraplegic/quadriplegic injuries. For someone who lost a family member after such an injury, they may be able to file a wrongful death lawsuit to recover damages such as:

  • Final expenses, such as funeral and burial costs
  • Medical expenses related to the accident until the time of death
  • Loss of inheritance
  • Loss of consortium

Insurance companies are unconcerned about your needs. They go to great lengths to deny your claim, minimize any payout, and convince you that you will not receive anything. In fact, many adjusters will tell you that you don’t have a case, or that you don’t have the right to an attorney. You do, and we suggest that you speak with us—and no one else—as soon as possible following your accident.

You have just two years from the date of the accident to file a claim. The sooner you speak with our personal injury attorneys, the more time we have to gather evidence to investigate your claim. We will handle all negotiations on your behalf, so refer all calls to our office. Don’t speak to anyone yourself. Otherwise, you could lose thousands of dollars in compensation you need to take care of yourself and your family.

Common Causes of Paralysis Injuries Due to Negligence

  • Car Accidents Case Icon
    Car Accidents

    Car accidents can lead to significant pain and medical expenses due to paraplegic and quadriplegic injury. Georgia law allows anyone injured by an unsafe driver to pursue civil litigation and obtain financial compensation for those losses.

    Read More

  • Bicycle Accidents Case Icon
    Bicycle Accidents

    Negligent and reckless drivers pose a serious hazard to cyclists. If you’ve suffered a paraplegic injury from being hit by a car or motor vehicle while cycling, you may be entitled to recover compensation.

    Read More

  • Truck/18-Wheeler Accidents Case Icon
    Truck/18-Wheeler Accidents

    Paraplegic and quadriplegic injury involving large trucks can be quite serious. It is crucial for victims to obtain skilled legal aid.

    Read More

  • Violent Crimes/Assault & Battery Case Icon
    Violent Crimes/Assault & Battery

    Victims of violent crimes like gunshot wounds, stabbings, physical assault, and battery that result in paraplegic and quadriplegic injuries need legal aid.

    Read More

  • Physical Assault Case Icon
    Physical Assault

    It’s possible for victims of paraplegic or quadriplegic injuries caused by physical assault to collect personal injury damages. We recommend victims consult an experienced legal team to determine how they can receive compensation.

    Read More

  • Premises Liability Case Icon
    Premises Liability

    Victims of paraplegic or quadriplegic injuries caused by a failure in keeping a property safe from violent crime on the premises or safety hazards such as falling ceilings or toppled furniture may be liable for damages.

    Read More

  • Negligent Security Case Icon
    Negligent Security

    If a criminal attack resulted in injuries causing paraplegia, and evidence shows that a property owner was negligent in warning patrons of a high risk of danger, victims may be able to receive civil compensation.

    Read More

  • Motorcycle Accidents Case Icon
    Motorcycle Accidents

    Paraplegic or quadriplegic injuries can often occur from serious motorcycle accidents. Victims of such accidents can pursue civil litigation and obtain financial compensation for those losses.

    Read More

Common Causes of Paralysis Injuries Due to Negligence

  • Car Accidents Case Icon
    Car Accidents

    Car accidents can lead to significant pain and medical expenses due to paraplegic and quadriplegic injury. Georgia law allows anyone injured by an unsafe driver to pursue civil litigation and obtain financial compensation for those losses.

    Read More

  • Bicycle Accidents Case Icon
    Bicycle Accidents

    Negligent and reckless drivers pose a serious hazard to cyclists. If you’ve suffered a paraplegic injury from being hit by a car or motor vehicle while cycling, you may be entitled to recover compensation.

    Read More

  • Truck/18-Wheeler Accidents Case Icon
    Truck/18-Wheeler Accidents

    Paraplegic and quadriplegic injury involving large trucks can be quite serious. It is crucial for victims to obtain skilled legal aid.

    Read More

  • Violent Crimes/Assault & Battery Case Icon
    Violent Crimes/Assault & Battery

    Victims of violent crimes like gunshot wounds, stabbings, physical assault, and battery that result in paraplegic and quadriplegic injuries need legal aid.

    Read More

  • Physical Assault Case Icon
    Physical Assault

    It’s possible for victims of paraplegic or quadriplegic injuries caused by physical assault to collect personal injury damages. We recommend victims consult an experienced legal team to determine how they can receive compensation.

    Read More

  • Premises Liability Case Icon
    Premises Liability

    Victims of paraplegic or quadriplegic injuries caused by a failure in keeping a property safe from violent crime on the premises or safety hazards such as falling ceilings or toppled furniture may be liable for damages.

    Read More

  • Negligent Security Case Icon
    Negligent Security

    If a criminal attack resulted in injuries causing paraplegia, and evidence shows that a property owner was negligent in warning patrons of a high risk of danger, victims may be able to receive civil compensation.

    Read More

  • Motorcycle Accidents Case Icon
    Motorcycle Accidents

    Paraplegic or quadriplegic injuries can often occur from serious motorcycle accidents. Victims of such accidents can pursue civil litigation and obtain financial compensation for those losses.

    Read More

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Georgia Paralysis Injury Lawsuit FAQs

How Common Are Spinal Cord Injuries?

It is estimated that there are approximately 12,000 new cases of spinal cord injury in the U.S. each year, and between 250,000 to 400,000 people are currently living with some form of spinal cord injury. The Georgia Brain and Spinal Injury Trust Fund Commission reports that approximately 540 spinal cord injuries are treated in Georgia hospitals annually, with the primary causes being falls and motor vehicle accidents.

Paraplegic and quadriplegic paralysis are injuries that involve damage to the central nervous system in the spinal cord. The spinal cord contains some of the most critical nerves in the body, responsible for regulation of numerous bodily processes, including movement of the arms, legs, fingers, and toes. When the spinal column is damaged, the impact is devastating and often permanent.

What’s The Difference Between Paraplegia and Quadriplegia?

Paraplegia refers to paralysis of the lower body, specifically of the legs, after a spinal injury that occurs below the neck. Quadriplegia, also known as tetraplegia, is paralysis of all four limbs as a result of a spinal injury at the base of the skull or neck.

In either scenario, one can have either partial or total paralysis, depending on whether the spinal injury is complete or incomplete. An incomplete spinal injury means the person may retain some function and feeling because messages to and from the brain haven’t been lost completely. One with a complete spinal injury will sustain total lack of motor and sensory function below the site of the injury.

An Atlanta injury attorney calculating your damages will consider the full extent of one’s tangible and intangible losses to date, as well as those sustained over the course of one’s life.

In a 2004 cross-sectional study published in the journal Nature, more than 100 young men who suffered quadriplegia or paraplegia reported that since their injuries, their physical and psychological health declined dramatically. Their expenses were significantly higher while their earnings were significantly less. Those who had been self-employed prior to the crash showed the most significant economic decline.

What Compensation Is Available For Victims of Paraplegic and Quadriplegic Injury Cases?

The compensation available to spinal cord injury sufferers will depend on whether another party was at-fault for what happened. We work to establish negligence, which means another failed in their responsibility to use reasonable care, resulting in the injury. Once we have established liability, then we can move on to the second phase, which is establishing damages, or the amount of financial compensation to which you are entitled.

Some expenses that may be considered for compensation in these cases include:

Other costs related to care

These can include wheelchairs, modified homes and vehicles, medication such as antibiotics or painkillers, and around-the-clock nursing care or home aide. In many cases, individuals incur travel expenses back-and-forth to receive ongoing, specialized care. They may need to cover the cost of having loved ones come and care for them, their home, or their children for a time.

Wage loss, job loss and loss of earning power

Although some paralysis survivors never work again, those who do are usually forced to change careers or receive some new degree of job training.

Permanent disabilities and health issues

The loss of body function in and of itself is debilitating. To make matters worse, people with paraplegia or quadriplegia often suffer other chronic adverse health impacts, such as respiratory issues, bed sores, and increased susceptibility to certain infections. A person who has lost the use of his or her hands and/or legs may not be able to cook as they once did, and now must pay for someone to prepare meals, shop, launder their clothes, etc.

Loss of life quality

Loss of life quality means that one may not be able to engage in the life they once enjoyed or even engage in simple, daily tasks without assistance. Everyday life becomes more difficult, and often more expensive.

Emotional pain and suffering

Losing something as fundamental as the ability to walk can be devastating. Many people who suffer sudden paraplegia or quadriplegia, whether by traumatic accident or medical error, also suffer from depression. This may require medication and therapy to work through.

As noted by the state Brain and Spinal Injury Trust Fund Commission, the needs of Georgians with spinal cord injuries include training and awareness, rehabilitation and wellness, service coordination, tools for independent and integrated living, personal support/attendant services, and greater accessibility.

One must also consider that these injuries are permanent. They often do not get better. According to the National Spinal Cord Injury Statistical Center, fewer than 1 percent of those diagnosed with paraplegia or quadriplegia recovered complete neurological function by the time they were discharged from the hospital.

What Should I Look For In An Attorney For Paraplegic/Quadriplegic Injury Cases?

Survivors of spinal cord injuries need to work with an experienced Georgia personal injury lawyer who fully understands the special considerations of paralysis claims.

As with other types of catastrophic injury claims, paraplegic and quadriplegic injury cases come with unique challenges. This is because your spinal cord is essentially the path that allows information to get from your brain to all other parts of your body. Even a small amount of damage to your spinal cord can result in severe damages and paralysis. In the most minor cases, a spinal cord injury may only result in the victim feeling some temporary tingling or numbness in their extremities. However, it does not take much damage at all for a spinal cord injury to become catastrophic, leading to:

  • Paraplegia (lower body paralysis);
  • Quadriplegia (full body paralysis); throughout the four limbs;
  • Loss of control over bodily functions; and,
  • Severe brain damage.

These can all require lifelong treatment. Spinal cord injury survivors must be fully compensated to account for these future needs. Unfortunately, in far too many cases, they are offered far less compensation than they deserve. At Apolinsky & Associates, LLC, our team of dedicated Atlanta injury lawyers can help to guide you through the process of gaining compensation.

What Is The Georgia Statute Of Limitations For A Paralysis Lawsuit?

Under GA Code § 9-3-33, the statute of limitations holds that injured parties in Georgia have just two years to bring personal injury claims forward. After those two years, a court will dismiss your claim. It is important to remember that oftentimes, insurance companies will engage in stalling techniques to run out the clock and avoid paying you anything.

Due to the number of complex factors that go into the statute of limitations in any individual case, if you want to pursue a civil claim, you are advised to contact a personal injury lawyer experienced in handling paralysis injury cases to build your case and advocate for your just compensation.