In Georgia, damages is the legal term for the monetary awards personal injury victims may seek following an accident. Obtaining fair compensation can make all the difference for individuals facing costly medical bills and a lengthy recovery.
If you’ve been hurt, an experienced attorney can review the types of personal injury damages you may be entitled to receive and calculate a potential value for your claim.
What Are Damages in a Personal Injury Case?
In personal injury law, damages refer to the financial compensation a victim can pursue for losses caused by another party’s careless actions.
In most cases, the goal of damages is to make the victim whole by compensating them for accident-related losses such as medical expenses, lost wages, and pain and suffering.
Who Can Claim Damages After a Personal Injury?
People eligible to seek damages in a personal injury claim include anyone who was physically, financially, or emotionally injured due to the negligent actions of the at-fault party.
For example, in a car accident case, the driver injured in a collision caused by a drunk driver can pursue damages for their injuries. If a passenger got hurt in that same crash, they too can seek compensation for their injuries from the drunk driver.
What Are the Different Types of Personal Injury Damages?
Several types of personal injury damages exist in Georgia, each compensating for specific losses resulting from another party’s negligence.
Economic Damages (Special Damages)
Economic damages, also known as special damages, refer to the compensation available to victims for financial losses that can be easily calculated.
Examples of economic losses include hospital bills, future medical expenses, rehabilitation costs, lost income, and property damage. These losses can be quantified with documentation such as accident-related invoices, pay stubs, repair estimates, and receipts.
Non-Economic Damages (General Damages)
Non-economic damages are more subjective than economic damages and are more challenging to calculate because they account for quality-of-life issues. Emotional distress, disfigurement, pain, and suffering are examples of non-economic damages.
Punitive Damages (Exemplary Damages)
Punitive damages in personal injury cases are rare. Punitive awards differ from economic and non-economic damages because they are designed to punish the wrongdoer rather than fully compensate the victim.
In Georgia, courts may award punitive damages in cases involving conduct that is willful, malicious, or shows a reckless disregard for others. Defendants who must pay punitive damages to an accident victim have acted in a manner that goes beyond basic negligence. Victims must present clear and convincing evidence that the defendant’s actions were especially egregious.
Calculating Personal Injury Damages in Georgia
When calculating personal injury damages, it’s crucial to account for the full scope of the victim’s injuries and their impact on their quality of life.
While estimating economic damages can be fairly straightforward, placing a dollar value on non-economic damages and determining whether punitive damages may be applicable can be more complex.
The severity of a victim’s injuries, the victim’s prognosis, and the cause of the accident are all factors that can influence the value of a case.
Before accepting an offer from an insurance company, consult an experienced personal injury lawyer who can evaluate your claim and identify all possible avenues for compensation. A skilled personal injury attorney can also explain how Georgia laws, such as caps on punitive damages awards, may impact your ability to recover damages.
When to Consult a Personal Injury Lawyer
You should contact a Georgia personal injury lawyer as soon as possible after an accident.
State law generally gives victims two years from the date of an accident to file a personal injury lawsuit in most cases. However, exceptions apply that could affect this timeline, so taking timely legal action is crucial.
At Underwood Law LLC, we are a client-centered firm that prioritizes people above all else.
Contact our law firm now to arrange a free initial consultation.
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