Unlike some states, Georgia’s personal injury laws do not cap the amount of money an individual can recover in economic or non-economic damages. While there are caps on some punitive damages and in other specific cases, some exceptions apply. A Georgia personal injury lawyer can give you a better idea about how much compensation you could be owed during a free consultation.
What Are Economic Damages?
In a personal injury claim, economic damages compensate victims for the financial losses they have suffered due to the accident. These damages aim to return the injured person to the financial state they would have been in had they never been injured. They can include compensation for:
- Medical expenses, including EMT treatment, ambulance rides, emergency room visits, doctor’s appointments, hospital stays, operations, medical devices, and medications
- Lost income if your injuries prevent you from working or if you attend medical appointments during work hours
- Reduced earning capacity if your injuries result in a disability preventing you from returning to your previous job
- Home assistance for childcare or household chores if your injuries prevent you from performing these duties
- Transportation and accommodation expenses if you must travel to receive treatment
- Reimbursement for the cost of repairing or replacing any property damaged in the accident
In some cases, calculating economic damages can be relatively straightforward. In others, a lawyer may need the assistance of accountants, medical specialists, or other experts to calculate the losses their client will likely incur in the future.
What Are Non-Economic Damages?
Unlike economic damages, non-economic damages are not associated with obvious financial expenses. Instead, they aim to compensate injured individuals for the intangible losses they have suffered due to the accident. Non-economic damages may include compensation for:
- Physical and emotional pain and suffering
- Depression, anxiety, and post-traumatic stress disorder (PTSD) due to the accident
- The challenges of living with a disability or disfigurement
- Loss of enjoyment of life
Because these losses have no economic value, insurers and courts use their judgment and common sense to determine the appropriate amounts. A skilled Georgia personal injury attorney can assess similar cases in your jurisdiction and fight to ensure that your compensation for non-economic damages accurately reflects what you have suffered.
Are Punitive Damages Possible in Every Georgia Personal Injury Case?
Punitive damages aim to punish the offender rather than compensate the victim. They are available only in the small percentage of cases where the at-fault party behaved intentionally, maliciously, fraudulently, oppressively, recklessly, or with indifference to the consequences.
In most cases, Georgia imposes a $250,000 cap on punitive damages. However, if the court finds that the offender was intoxicated or intended to cause harm, the cap does not apply. The cap also does not apply in instances of product liability, although the state collects 75 percent of punitive damages in such cases.
Does Georgia Have Caps on Medical Malpractice Damages?
Georgia does not have a cap on medical malpractice damages. The state legislature adopted a cap in 2005, limiting non-economic damages at $350,000 – or double that if multiple healthcare facilities were involved. However, the state’s supreme court found this law unconstitutional in 2010, and there has been no cap since.
Are There Caps for Wrongful Death Claims?
If another party’s deliberate or negligent actions lead to a person’s death, a wrongful death claim allows grieving family members to seek compensation for a range of economic and non-economic losses. As with personal injury claims, Georgia does not impose a cap on wrongful death claims.
Are There Caps on Damages Against the Government?
Georgia allows victims to file claims against government entities whose employees are liable for their injuries. However, the state imposes caps of one million dollars per person per occurrence and three million dollars in total per occurrence in these cases.
What If I Partially Contributed to the Accident That Caused My Injuries?
Georgia law follows the principle of comparative negligence in personal injury cases. This doctrine holds that if a person contributes in any way to their injuries, the compensation available to them will be reduced in proportion to their degree of fault. However, they can still recover compensation as long as they are less than 50 percent at fault for the incident.
For example, if you suffer injuries in an accident where you were 15 percent at fault, you will still be eligible to receive 85 percent of the resulting damages. However, if you are 50 percent or more at fault, you cannot recover any compensation.
Insurance companies in Georgia often use the principle of comparative negligence to avoid paying compensation to injury victims. They may argue that your percentage of fault is greater than it is so they can undervalue or reject your claim. A skilled personal injury attorney can assemble a strong collection of evidence in your favor to demonstrate that the other party is mainly or entirely at fault. That way, they can maximize the compensation available to you.
Contact a Georgia Personal Injury Attorney
If you suffer an injury due to another person’s intentional or negligent actions, you deserve compensation for your losses. But without an in-depth understanding of personal injury law, you likely do not know the true value of your case – or even how to go about filing your claim. This process can feel particularly challenging when you are recovering from your injury. Fortunately, it’s not one you have to go through alone.
Working with a Georgia personal injury attorney can give you the knowledge, support, and advocacy you require at this difficult time. The experienced legal team at Sherrod & Bernard, P.C., has spent decades successfully helping injured Georgians in their quest for compensation. Our lawyers have a thorough knowledge of Georgia’s personal injury laws. And we know how to fight for the full and fair compensation you deserve. Contact us today for a free consultation to learn more about how we can help you.
