When you’ve been injured due to someone else’s negligence in Georgia, you may be entitled to compensation through a personal injury claim. This blog explains the types of damages in a personal injury case, helping you better understand your rights and potential compensation.
At Horst Shewmaker, our experienced Alpharetta personal injury lawyers are dedicated to fighting for the maximum compensation. Contact us today for a free case review.
What Are Damages in a Personal Injury Case?
Damages are the financial compensation awarded to the plaintiff (injured party) in a personal injury lawsuit. Victims can recover economic damages (such as medical expenses, lost income, and property damage) and non-economic damages (such as pain and suffering). In some cases, punitive damages may also be awarded.
While there are no limits on economic or non-economic damages in Georgia, there’s a cap on punitive damages in most personal injury cases.
Economic Damages
Economic damages, also known as special damages, compensate you for financial losses caused by the injury. Examples of economic damages in a personal injury case include medical costs and lost income.
Medical Expenses
Medical bills can make up a significant portion of economic damages in most personal injury cases.
- Past and current medical bills such as emergency room visits, hospital stays, surgeries, doctor’s appointments, and medications
- Future medical costs for ongoing treatment, such as follow-up surgeries, physical therapy, or long-term care
- Medical equipment and supplies needed for your recovery or to manage a permanent disability
It’s crucial to keep detailed records of all medical expenses and treatment to support your personal injury claim.
Lost Wages and Earning Capacity
If you’ve missed work due to your injury, you can claim compensation for the lost wages you would have earned during that time. If you become disabled or can’t earn as much money as before the accident, you can claim compensation for this lost earning capacity.Â
Calculating lost income can be straightforward for those with steady employment, but it becomes more complex for self-employed individuals or those with fluctuating incomes. Our experienced attorneys can help gather the necessary evidence to support your claim.
Property Damage
If your personal property was damaged in the accident, you can recover money for repair or replacement costs. This most commonly applies to vehicle damage in car accidents but can include any personal property.
You can seek compensation for car repair costs or the fair market value of a totaled vehicle.
Out-of-Pocket Expenses
Other out-of-pocket costs can be included in your personal injury claim. These might include:
- Travel costs for medical appointments
- Home modifications to accommodate a disability
- Household services you need to hire due to your injury
- Costs for mental health treatment related to the accident
It’s important to keep receipts and documentation for all these expenses to support your claim.
Non-Economic Damages
Non-economic damages, also referred to as general damages, compensate for the intangible losses you’ve suffered due to your injury. Determining the value of non-economic damages is more challenging.
Pain and Suffering
Pain and suffering damages compensate victims for the physical pain and emotional distress caused by the accident. This can include:
- Immediate pain from the injury
- Chronic pain
- Anxiety
- Depression
- Post-traumatic stress disorder (PTSD)
- Sleep disturbances
- Changes in mood or personality
In Georgia, two methods are commonly used to calculate pain and suffering compensation. In the multiplier method, total economic damages are multiplied by a number (typically between 1.5 and 5) based on the severity of the injury and its impact on your life.
The per diem method assigns a daily rate to your pain and suffering and multiplies this rate by the number of days you’ve experienced or are expected to experience these effects.
When determining your pain and suffering damages, insurance companies and courts may consider several factors, such as the severity of your pain, how long your suffering lasts, and the impact of your pain on daily life.
Loss of Enjoyment of Life
If your injury prevents you from engaging in activities you previously enjoyed, you may be entitled to compensation for loss of enjoyment of life. This could apply to hobbies, sports, or other recreational activities that were important to you before the accident.
Loss of Consortium
Loss of consortium damages compensate for the impact of your injury on your relationships, particularly with your spouse. This can include loss of companionship, affection, and intimacy.
Punitive Damages
While economic and non-economic damages aim to compensate the victim, punitive damages are intended to punish the defendant for intentional wrongdoing or especially reckless behavior.
Georgia courts may award punitive damages in cases where the defendant’s actions showed:
- Willful misconduct
- Malice
- Fraud
- Wantonness
- Oppression
- Entire want of care which would raise the presumption of conscious indifference to consequences
Examples of behavior that could lead to punitive damages include assault, drunk driving, and speeding far above the legal limit.
Georgia law caps punitive damages at $250,000 in most cases. However, there are exceptions for cases involving product liability, deliberate harm, or when the defendant was under the influence of alcohol or drugs.
Maximizing Your Compensation
Various factors impact how much a personal injury case is worth, including the severity of your injuries, comparative negligence, and the at-fault party’s insurance coverage.
Securing fair compensation for your injuries requires a thorough understanding of all available damages and a strong case. At Horst Shewmaker, our Alpharetta personal injury attorneys have over 30 years of combined experience and a track record of success. We’ve recovered millions for clients.
We understand the complexities of calculating economic and non-economic damages and know how to build a strong case for punitive damages when appropriate. Our team will work diligently to:
- Gather all necessary evidence to support your claim
- Assess the full value of all your damages
- Negotiate with the insurance company for a settlement
- Represent you in a personal injury lawsuit if necessary
Contact our Georgia injury attorneys today for a free consultation.
Contact Our Georgia Personal Injury Lawyers Today
Understanding the types of damages available in a Georgia personal injury case is crucial for ensuring you receive fair compensation for your injuries. At Horst Shewmaker, we’re committed to helping our clients in Alpharetta and throughout Georgia navigate the complex landscape of personal injury law.
Whether you’re dealing with substantial medical bills, lost wages, pain and suffering, or the long-term consequences of a serious injury, our experienced team is here to help. We’ll work tirelessly to ensure that all aspects of your damages are thoroughly documented and fight for the maximum compensation.
If you’ve been injured due to someone else’s negligence, don’t face the legal process alone. Contact our Georgia personal injury lawyers today for a free consultation by calling (404) 400-1175 or using our online form.
