Injuries that are caused by the negligence of others mean that you are entitled to compensation. The compensation you receive is based on the idea that you shouldn’t have to pay for someone else’s reckless actions.
According to atlantapiattorney.com, if you’ve suffered losses from your injuries that were caused by a careless person, you should pursue justice. While money can’t fix everything, it can mitigate the astronomical expenses of your medical care and financial losses as you recover.
Compensation in Georgia Personal Injury Cases
When it comes to compensatory damages in personal injury claims, they are divided into two basic categories.
Economic damages are also referred to as ‘special damages.’ These are the measurable losses that you suffered due to the negligent party’s actions. A better way to look at it is that they are the direct monetary expenses you incurred due to the injuries this party caused you.
Economic damages can be sought for medical bills resulting from the incident. Additionally, you can seek damages for future medical bills if your injuries will require ongoing care.
You may also seek lost wages if you are unable to work while you are recovering from your injuries. Loss of earning capacity may also apply if the injuries you sustained prevent you from returning to work or working in your field.
Of course, property damage, which is common in car accidents, is also covered under economic damages. By seeking economic damages, the goal is to compensate you for the exact or estimated dollar amount which is easier to determineof your losses.
By contrast, non-economic damages, or ‘general damages,’ will compensate you for your intangible losses. It’s easy to show economic damages with a hefty hospital bill left behind as a direct result of your injuries caused by the defendant. However, non-economic damages are the physical and emotional losses that can be harder to assign a dollar figure. While the pain you feel is very real to you, it may be difficult to prove. Mental anguish and psychological distress are also a challenge to prove.
You may also seek non-economic damages for loss of consortium, diminished quality of life, and physical disfigurements or impairments. These costs are calculated differently and it will all depend on the strength of your personal injury attorney. This is why it is of utmost importance to seek representation immediately to have an experienced personal injury lawyer help you get what you deserve.
Further Compensation Through Punitive Damages
In addition to economic and non-economic damages, another option is available in certain cases. Known as punitive damages or ‘exemplary damages,’ these can be pursued when the actions of the party that caused your injury were grossly negligent, willful, fraudulent, or done with malicious intent. However, punitive damages can only be awarded by a judge or jury.
Comparative Negligence in Personal Injury Cases
Georgia is like most other states in that it applies a form of comparative negligence with personal injury cases. According to state law, the injured party is permitted to recover compensation if they are found to be less than 50% at fault for the accident or event that resulted in the injuries.
That means if your fault in the accident was 50% or more, you’ll usually be barred from recovering any compensation. You can recover damages if you are 49% or less at fault, though the damage amounts you receive will be reduced in proportion to your percentage of fault.
It’s hard to put a number on the monetary losses you’ve suffered due to your injuries. As every case is unique, there are a variety of variables to consider. Before it even gets to that point, you will likely have to deal with the defendant’s insurance company and the complicated claims process.
When suffering moderate to severe injuries or there are more complications in the case such as multiple involved parties or a dispute as to who was at fault, it is wise to work with an experienced attorney. If you try to handle the claim on your own, you may not get what is needed to cover even the most basic of your medical expenses that piled up from your accident injury.
Ultimately, insurance companies want to pay out as little as possible for any claim. As such, it is wise to obtain the services of an experienced personal injury lawyer in Georgia. With legal counsel by your side, you will have someone focused on you who is working to meet your needs.