Atlanta Attorney for Permanent Eye Injury Victims

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 life quality.

Someone with a catastrophic eye injury may need numerous surgeries or suffer permanent blindness and/or chronic pain.

Examples of eye injuries include:

• Corneal abrasions.
• Traumatic iritis.
• Eye socket injuries.
• Penetrating injuries.
• Chemical burns.
• Subconjunctival hemorrhages.

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.

Those whose injuries were the result of the negligent or criminal actions of another may explore the possibility of pursuing compensation from those responsible. We recognize that if your eyesight has been damaged, there may be no way to help you regain what you have lost. However, we at Apolinsky & Associates, LLC can and will fight to ensure that you are as prepared as possible for the next chapter.

In the medical sense, we know different injuries vary in terms of the type and intensity of the treatment they require. From an attorney’s perspective, catastrophic injuries necessitate a greater output of legal resources.

Rare is the instance an insurer will, without resistance, commit to covering the full extent of one’s losses – especially in a high-stakes claim. Our injury lawyers help to conduct a thorough investigation of the incident, consulting with expert witnesses to establish strong legal arguments for both liability (the responsibility of the other side to pay) and damages (how much they will pay).

It may be impossible to calculate exactly how much an Atlanta eye injury claim is worth, but it will depend on:

• Who was liable (and to what extent).
• The severity of the injury.
• The ability of those liable to pay.

In terms of liability, Georgia follows a system known as modified comparative negligence with a 50 percent bar. Per Ga. Code Ann. Sec. 51-12-33, this essentially means that everyone is financially responsible for their own percentage of the blame. For example, if a person who suffers an eye injury in a car accident is deemed to be 20 percent liable for the crash, he/she will only be allowed to collect up to 80 percent of the total damages. However, the “50 percent bar” means that if you are half or more responsible for the accident that caused your injury, you are not entitled to collect anything. The attorney you hire will be essential in arguing against any finding of fault on your behalf, or mitigating those findings.

Catastrophic injury cases – those with lasting damages that adversely impact a person’s ability to work, maintain relationships, sustain independent function, and enjoy daily life as they once did – are going to be worth more than the average injury case. Establishing the full extent of one’s economic and non-economic damages following an eye injury may require the aid of medical and financial expert witnesses.

Some examples of damage claims one may assert in eye injury cases:

• Medical bills (emergency treatment, initial hospital stay, etc.).
• Ancillary costs related to care.
• Wage loss, job loss, and loss of earning potential.
• Permanent disability compensation (particularly for blindness).
• Loss of life quality and enjoyment.
• Physical pain and suffering.
• Emotional trauma and mental anguish (including issues like depression, PTSD, anxiety, insomnia directly related to the accident and subsequent injury).
• Loss of consortium (filed by spouse or children).

Of course, holding another party legally accountable is not going to be easy. Quite the contrary; it can be extremely challenging. 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. 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.

Victims of catastrophic injuries, which include severe eye injuries, may be able to obtain several types of compensation. For those suffering from an eye injury, these cases often focus on the long-term effects as well as the individual’s ability to continue working and lead an independent life. Your Atlanta eye injury attorney will work with you to fight for compensation for the full value of your losses.

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.

There are a number of complex factors that go into the statute of limitations in any case. If you want to pursue a civil claim for your catastrophic eye injury, you are advised to contact a personal injury lawyer experienced in catastrophic eye injury cases to evaluate and build your case.