Can I recover the cost of replacing prosthetics or assistive devices over my lifetime?

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The lifetime cost of replacing prosthetics and other assistive devices is recoverable in Georgia when the injury makes those devices reasonably necessary. A prosthetic limb, a custom wheelchair, or a hearing or communication device is not a one-time purchase; each wears out and must be replaced on a recurring schedule, and the law lets the injured person recover that ongoing expense, not just the first device.

Why replacement, not just the first device

A single prosthesis may last only a handful of years before it needs replacement, and children and active adults may cycle through many over a lifetime. Devices also require maintenance, repairs, fittings, and component upgrades. Because the need recurs for as long as the person lives, limiting recovery to the initial device would leave most of the real cost uncompensated. Georgia’s allowance for reasonably necessary future care covers the full replacement cycle.

The recurring costs commonly claimed include:

  • Periodic replacement of prosthetic limbs or assistive devices.
  • Routine maintenance, repairs, and refittings.
  • Supplies, components, and batteries the device requires.

Proving the lifetime figure

Because the claim spans decades, it rests on expert projection. A life-care planner, working from the treating physicians’ opinions and manufacturer guidance, sets the realistic replacement interval and useful life of each device, then prices each cycle using current data. These projections must satisfy O.C.G.A. § 24-7-702, the reliability standard Georgia courts apply through the Daubert framework, so the replacement schedule needs a sound, documented basis rather than guesswork.

Georgia also requires that future damages be shown with reasonable certainty rather than left to speculation, so the projection must connect each replacement to the injury and to a defensible cost figure. Once the future replacement costs are established that way, the jury may reduce them to present value. O.C.G.A. § 51-12-13 permits that reduction for economic damages using a 5 percent or other appropriate discount rate, and an economist typically presents the calculation.

The bottom line

In Georgia, the cost of replacing prosthetics and assistive devices across a lifetime is recoverable when the injury makes them reasonably necessary. By projecting realistic replacement intervals and reducing the future total to present value, an injured person can recover the full recurring expense rather than the price of a single device.

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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