Can future complications like pressure sores or infections be included in a paralysis claim?

· 3 min read

Anticipated future complications are a legitimate part of a Georgia paralysis claim when the medical evidence shows they are reasonably likely to occur because of the injury. Pressure sores, urinary tract and other infections, blood clots, and respiratory problems are recognized risks of living with paralysis, and the law allows recovery for the care those reasonably expected complications will require.

The reasonable-probability standard

Future damages in Georgia must be shown to a reasonable degree of certainty, not as a guaranteed event. For complications, that means a physician must establish that they are reasonably probable consequences of the paralysis, supported by accepted medical knowledge of the condition. A risk described as merely possible generally will not support a damages figure, but well-documented, recurring risks tied to the injury can be projected with the needed reliability.

The distinction matters at trial. A complication that has already occurred, such as a pressure sore that has been treated, is part of the claimed injury and proven like any other past harm. A complication that has not yet happened but is expected to recur belongs to future damages, where the reasonable-probability proof governs. Both categories can sit in the same paralysis claim, and the medical testimony usually addresses each separately so the jury understands what has been endured and what remains likely.

Complications commonly addressed in paralysis cases include:

  • Pressure sores requiring wound care or surgery.
  • Recurrent urinary and other infections.
  • Blood clots and circulatory problems.
  • Respiratory complications, especially with higher-level injuries.

Building the projection

A life-care plan typically accounts for these risks, drawing on the treating physicians’ prognosis and the known course of paralysis to estimate the likely frequency and cost of treating complications over the person’s life. Because this is expert opinion, it must satisfy O.C.G.A. § 24-7-702, the reliability standard Georgia courts apply through the Daubert framework, so the projected complications and their costs need a sound medical and factual basis.

The future cost of treating these complications is economic loss, so the jury may reduce it to present value under O.C.G.A. § 51-12-13 using a 5 percent or other appropriate discount rate. Beyond those treatment costs, the pain, limitation, and disruption that recurring complications cause can support non-economic damages as well, which Georgia leaves to the enlightened conscience of the jury rather than to a fixed formula.

The bottom line

In a Georgia paralysis claim, reasonably anticipated complications such as pressure sores and infections can be included when the medical evidence shows they are likely consequences of the injury. Projected through a credible life-care plan and reduced to present value, the cost of managing those expected complications becomes a recoverable part of lifetime future damages.

This article is for general educational and informational purposes only and is not legal advice. It does not create an attorney-client relationship, and Georgia law may change. For advice about a specific situation, consult a licensed Georgia personal injury attorney.

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