Asked 10 months ago - Winder, GAFlag
was in auto accident and the doctor set the finger wrong and now i can not use it .
I agree with the other attorneys who have posted answers to your question; in Georgia there is no standard settlement for your loss. Each claim will be based upon the evidence demonstrating just how impaired your tragedy left you. I assume that another driver caused your injury and the facts surrounding the cause of the injury will also determine what constitutes fair and adequate compensation for your loss. Please feel free to contact our office for a free consultation so that we can discuss the matter with you in more detail. In any event, we regret that you have been injured and hope that you achieve a satisfactory outcome.
The other posts are correct which state that there is no standard settlement formula in Georgia personal injury law for the specific permanent impairment you have described from your auto accident. The only possible exception that I can think of would be if your injury occurred while you were in the course and scope of your duties on the job, because the Georgia Workers' Compensation Act does allow designate one component of settlement as a cash value for a Permanent Partial Impairment (PPD) rating, but you would still also have the option to pursue a personal injury claim against the third party who caused your loss and there would no specific formula for the personal injury claim related to your injury. I would strongly recommend that you consult legal counsel before pursuing any settlement discussions related to your injuries, and would welcome the opportunity to discuss your claim further with you in a free consultation. Please call me at 770-554-8100 or email me directly through this site.
There is no standard settlement in a non-worker's compensation tort case like a car wreck. Some factors that may determine the value of your claim include the severity of injury, the type of work you do, the hobbies you enjoy, how the wreck occurred, and other case specific issues. Check out my website if you are wondering whether you need to hire a lawyer or how to choose a lawyer. I have some information on my website that might assist you in your search. Tomkenneylaw.com.
The quick answer is no. Fortunately or unfortunately for some, there does not exist a book that lists what a particular injury is "worth" in terms of compensatory damages in a typical third party liability case, e.g., a motor-vehicle accident. The loss of the use of a pinky finger on a hand model could be worth millions of dollars while on the next person it could be worth hundreds or thousands. Injuries and damages are very fact specific and depend on the unique circumstances in your case. In most states, there are damages available for non-economic loss, or pain and suffering and economic loss. Depending on what evidence you have to support either or both, your damages would be in line with that.
I am not licensed in the state of Georgia and this is general information. You should contact an attorney in your state to discuss your legal options.
Best of luck!
I'm very sorry to hear you've lost the use of your finger. In order to best protect yourself and ensure the best possible outcome as you move forward in your life, you should consider speaking with an attorney in your area as soon as possible.
As the previous response indicated, there is not a standardized amount for specific injuries in most personal injury cases. The same can not be said for workers compensation matters. The "value" of such a loss does depend on a host of factors such as the type of work the injured person was doing and essentially drives at how significant an impact loss of the finger's functional use has on the particular individual's life. For a professional piano player the loss would be significant. For an amateur piano player the loss would be less, but still important.
Som additional factors that play into the overall assessment will include the pain and suffering associated with the injury and any disfigurement that may have resulted. Generally speaking, the more significant the factors, the greater the loss, and thus, the greater the compensation for that loss.
Based on the categories you chose for your question and your statements regarding the doctor setting the wrong finger, your case may involve multiple defendants (e.g. the other driver, the doctor). If you haven't already, consider speaking with a local personal injury or medical malpractice attorney in your area as soon as practicable. You would likely benefit from someone experienced in those areas.
While we are not licensed to practice law in Georgia, you are welcome to consider our website as a general resource on both medical malpractice and personal injury matters. I wish you the best.
First off, I'd think the loss of a finger is priceless. It seems unreasonable to put a monetary figure on something that's irreplaceable. And yet, someone has. According to the workmen's compensation schedule, you'd be entitled to a certain amount of compensation for each finger lost equivalent to a certain number of weeks salary. Below is the schedule for fingers:
Thumb lost, 75 weeks' compensation.
First finger lost, 46 weeks' compensation.
Second finger lost, 30 weeks' compensation.
Third finger lost, 25 weeks' compensation.
Fourth finger lost, 15 weeks' compensation.
Just to be clear, "First finger" means your index finger and "Fourth finger" means your pinky.
Of course, that's just the Federal schedule. The amount of compensation you could receive from a lawsuit if you lost your finger due to the negligence or intentional act of another human being could be in the millions of dollars if you get the right jury. But I say again, I think no amount of money can fully compensate for such a loss.
Following up on the comments of the other attorneys, you new to show how valuable the pinky finger is for you personally and professionally. Or example a pinky has more value to a nfl quarterback as compared to a mls soccer player. You should speak with an attorney to get a better sense of value your case may have.
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