An Experienced Atlanta Attorney for Catastrophic Eye Injuries
The importance of an experienced eye injury attorney in Georgia litigation cannot be overstated. That’s because the mere fact of a serious injury alone isn’t going to be grounds enough to secure a civil case win.
It is critical to prove negligence, which is the absence of reasonable care when one has a duty to exercise it. As such, being prepared with the benefit of a long-time injury lawyer can greatly improve your odds of compensation. As leading severe eye injury attorneys in Georgia, Apolinsky & Associates, LLC, offers free and confidential consultations to those interested in more information about their legal rights after an eye injury.
What are Severe Eye Injury Cases in Georgia?
Eye injuries don’t always get the attention of other injuries. But injuries to one or both eyes can be as bad, if not worse, than any other type. It can result in a partial or complete loss of vision and require a long and painful recovery with financial devastation. An eye injury can also impact a person’s ability to work and live independently.
Examples of eye injuries include:
- Corneal abrasions.
- Traumatic iritis.
- Eye socket injuries.
- Penetrating injuries.
- Chemical burns.
- Subconjunctival hemorrhages.
When someone suffers an eye injury due to someone else’s negligence, they may be able to recover needed compensation and damages from the responsible party.
The Atlanta Eye Injury Attorneys at Apolinsky & Associates, LLC, can help you pursue a case to get fair and just compensation by holding the negligent party accountable.
Long-Term Effects of Catastrophic Eye Injury
Atlanta eye injury victims may need to undergo surgery and continue to visit an ophthalmologist for months or years to come. These treatments are expensive, painful, and ultimately may fail to be successful in restoring one’s vision. When an eye injury is extremely severe, it may be considered catastrophic. Someone with a catastrophic eye injury may need numerous surgeries or suffer long-term effects, such as permanent blindness and/or chronic pain.
There is no specific legal definition of catastrophic injury in Georgia personal injury law. However, there is a provision of the state’s workers’ compensation law that provides a general sense of what it can entail. O.C.G.A. § 34-9-200.1 expressly identifies conditions that are considered catastrophic for those pursuing work injury benefit claims. It includes injuries that involve one or more of the following:
- Causes long-term, debilitating symptoms.
- Necessitates a lengthy recovery process (if recovery is even possible).
- Requires constant assistance or live-in care.
- Results in permanent disability (paralysis is a good example).
- Results in a permanent loss of quality of life.
Proving Liability & Causation in Permanent Eye Injury Cases in Georgia
Like most personal injury cases, the plaintiff must show that the defendant was responsible for their injuries. Georgia law requires the plaintiff to show negligence using these four elements:
- The defendant owed a duty of care to the plaintiff
- The defendant’s negligence led to a breach of that duty of care
- The negligence was responsible for causing the accident
- The plaintiff suffered losses as a direct consequence of the accident
These elements must be shown for an eye injury no matter the cause.
Under GA Code § 9-3-33, the statute of limitations holds that injured parties have two years to bring personal injury claims forward. After two years, a court will dismiss your claim. Oftentimes, insurance companies will engage in stalling techniques to avoid paying you anything. Victims of catastrophic eye accidents should not attempt to navigate the complex personal injury claims process all on their own. It is imperative that you work with an experienced Atlanta personal injury attorney experienced in dealing with catastrophic eye injury claims.
Top-rated eye injury lawyer Stephen D. Apolinsky will be able to review the specific facts of your case to determine exactly what legal strategy should be employed to secure the full compensation you deserve.
Compensation and Damages Recoverable in Cases of Severe Eye Injury
Eye surgery to repair damage is delicate, precise, and costly. Some eye injuries may require long-term treatment, including multiple surgeries. Some eye injuries may not be repairable, leaving a victim with sight problems that cannot be completely corrected.
Possible damages you can recover include:
- Medical expenses, current and future
- Continuing treatment as needed
- Lost wages
- Lost future wages and career opportunities
- Property damage
- Adaptive modifications
- Pain and suffering
- Emotional damage and distress
- Punitive damages, if willful misconduct was present at the time of the accident
Georgia law (O.C.G.A. § 9-3-33) allows just two years for a victim to file a personal injury case for eye injuries. That period begins on the day of your accident. If you miss the two-year date, you’ll forfeit any chance of recovering any compensation for your losses. Contact an Atlanta eye injury attorney immediately after your accident to begin building your claim.