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What You Need to Know About Seeking Damages in a Georgia Lawsuit
When you file a lawsuit in Georgia, one of the most important aspects of your case is the damages you can recover. Damages is a word used to describe the financial compensation given to people who suffered injuries in accidents that were caused by another person's negligence. Georgia law recognizes special damages and general damages, each serving a different purpose in compensating the injured party. Understanding these damages and how they apply to your case can help you build a strong legal claim.
Types of Damages in Georgia Lawsuits
In Georgia, damages are usually classified into two main categories: special and general.
What Are Special Damages?
Special damages are the expenses you incur due to an injury caused by another person's negligence. Because special damages compensate you for actual costs, they are also known as economic damages.
Some examples of the special damages in a personal injury claim are:
Lost wages and earning capacity
Cost of rehabilitation or physical therapy
Medical expenses and bills (past, present, and future)
Other out-of-pocket expenses and losses directly linked to the injury.
How to Calculate Special Damages
Special damages are easier to quantify than general damages because the plaintiff has either spent or lost a specific amount of money due to the injury.
Here's how they are calculated:
Past medical expenses are determined by adding up the total cost of your previous doctor's bills.
Future medical expenses are determined based on the treatment plan recommended by your doctor.
Lost wages are determined based on your normal hourly or weekly wage, which is then multiplied by the number of days you have been out of work.
Car values can be determined by referring to sources such as the Kelley Blue Book and NADA guides.
In order to put a price on other forms of property damage, it may sometimes be helpful to look at previous decisions in other similar cases.
What Are General Damages?
General damages refer to the compensation you receive for the intangible losses resulting from an injury. These losses have no relation to any actual bills or costs incurred but sum up the harm you have suffered or are suffering from and should be compensated for.
These are common types of general damages in personal injury cases:
Physical pain and suffering
Loss of companionship (in wrongful death cases)
Mental or emotional pain and suffering
Decreased quality of life
Disfigurement or deformity
Loss of enjoyment
How to Calculate General Damage
There are many methods that insurance companies use to calculate pain and suffering, but the two most common are the multiplier and the per diem methods. Here is a brief overview of these methods:
Multiplier method. This is the most common method of calculating pain and suffering. An insurance company adds up all the special damages incurred by the victim and then multiplies them by a multiplier (a number of their choosing). This number is usually determined by looking at factors like the severity of the victim's injuries, the likelihood of a full recovery, how the injuries affect their daily life, and the extent of the other party's responsibility for the accident.
Per diem method. The per diem method calculates compensation by assigning a fixed dollar amount or daily rate for each day an injury victim endures pain from an accident. While there are different ways to determine this rate, it is often based on the victim's daily wage.
Why Are Personal Injury Damages Awarded in Georgia?
The main reasons for awarding damages in personal injury cases are:
Compensation: The main aim of awarding damages is to reimburse the injured party for the consequences of the incident. It typically aims to place the plaintiff as closely as possible to the position they would have been had the injury not occurred.
Accountability: Personal injury lawsuits and the resulting damages are meant to hold the responsible party accountable for their negligence or misconduct. The legal system typically requires people and other entities to be more careful and proactive in order to avoid causing harm to others.
Deterrence: The fear of having to pay lots of money in damages can prevent others from acting negligently or wrongly in the future. This deterrent effect helps reduce incidents of negligence and misconduct, making society safer.
Justice: It is only fair that the injured party be compensated for the harm done to them by the defendant. Therefore, damages are awarded to the plaintiff to seek redress through the court.
Need for Future Funding: At times, the victim may require further medical treatment, physical therapy, or other forms of assistance. The damages are, therefore, awarded to ensure that the plaintiff can pay for the future expenses related to the injury.
How Much Do You Stand to Receive From a Personal Injury Case in Georgia?
There is virtually no such thing as a typical personal injury case since every case is different in terms of the facts and the damages sought. The more serious your injuries and the greater the damage done to your property, the more you can claim to have lost and, therefore, the more you may be able to get in or out of court.
Most personal injury cases are settled out of court. This is because plaintiffs often prefer to know how much they will be receiving rather than having to wait for a judge or jury to decide. Also, settlements can be less expensive and reached faster than through a lawsuit.
The Effects of Georgia's Statute of Limitations on Your Case
In Georgia, personal injury victims have a two-year deadline to file a lawsuit. However, the clock doesn't always start immediately after the accident.
The Georgia Supreme Court in 2009 stated that the statute of limitations is paused if the defendant is charged with a crime or issued a traffic citation. In such cases, the two-year time limit is counted from the time the criminal case is resolved or the time the ticket is paid.
Understand Your Rights
It is essential to know the types of damages you can claim in a Georgia lawsuit so that you can be prepared for the legal process and get compensated rightfully. Whether your losses are of a financial or emotional nature, the right legal strategy can help you receive the damages you deserve. If you are involved in a lawsuit, reach out to a qualified attorney who can help you through the process and protect your rights.
