If you were in a car accident in Georgia, you might wonder what the average settlement is for a case like yours. However, there is no such thing as an “average” settlement. The value of a car accident case will vary depending on several factors, such as the severity of injuries and the insurance coverage available.
How Are Georgia Car Accident Settlements Calculated?
Putting a value on a car accident case can be complex. Medical bills and property damage can be easy to calculate. However, there are additional factors to consider when calculating a settlement, including:
- The insurance coverage of the at-fault driver
- The severity of your injuries
- How soon after the accident you got medical treatment
- Whether the accident aggravated existing injuries
- The type and duration of treatment you receive for your injuries
- The total amount of your medical expenses resulting from the accident
What Types of Damages Are Involved in Georgia Car Accident Cases?
If you’ve been injured in a Georgia car accident, you may be able to pursue three types of damages:
- Economic damages — This money compensates for actual costs incurred due to the accident, including current and future medical care expenses, lost wages, reduced or lost earning capacity, and property damage.
- Non-economic damages — This money compensates for pain and suffering, which can be more challenging to quantify. This category includes physical pain, emotional trauma, and loss of quality of life.
- Punitive damages — In cases where the defendant’s actions showed willful misconduct, malice, fraud, or conscious indifference to consequences, punitive damages may be awarded to punish the defendant and prevent similar future behavior.
Do Certain Injuries Result in a Larger Settlement?
The severity of injuries is often the primary factor determining the amount of a car accident settlement. For instance, a spinal cord or traumatic brain injury will likely result in a larger settlement because these injuries often require costly lifelong medical care treatment, including surgeries, physical therapy, and rehabilitation. People who suffer these injuries will likely need help performing daily tasks, so they will need money to compensate for home health care or housekeeping services. Severe injuries such as these can also result in permanent disabilities or impairments that prevent victims from returning to work or being gainfully employed. They will need compensation for loss of income and employment benefits, possibly for the rest of their lives. However, even minor injuries can come with huge costs requiring fair compensation.
Does Georgia Have Caps on Car Accident Damages?
Georgia law generally does not limit the damages a plaintiff can receive in a car accident case. However, the exception is punitive damages, which the law typically limits to $250,000. This means that you may be awarded any sum as compensation for your financial and personal accident-related losses, such as medical expenses, lost wages, property damage, and pain and suffering.
Would It Be Better to Settle or Go to Trial?
Personal injury lawsuits usually resolve in one of two ways: through a settlement or a trial. A car accident victim will typically settle with the at-fault driver’s insurance company. However, a victim can reject a settlement offer and take the case to trial. Both options have pros and cons, including:
- Settlement – A settlement provides guaranteed compensation and is generally a faster resolution to a case than a trial. An injury victim may have more control over a settlement’s outcome and more privacy in a settlement than in a public trial. However, the compensation in a settlement could be less than what would be possible at trial. Hiring an experienced car accident attorney to negotiate a full settlement is crucial.
- Trial – Going to trial often takes longer than settling and can be more expensive. It can also be riskier than settling because a judge or jury could decide against you and award you nothing. However, if you have a skilled lawyer presenting your case at trial, you could receive a significant compensation award.
Whether settling or going to trial is preferable depends on your case. An attorney can review the facts of your case and advise you on which choice is right for you.
Should I Accept the First Offer the Insurance Company Gives?
It typically isn’t in your best interest to accept the first offer from the insurer. The insurance company doesn’t just want to act quickly — they also have an interest in paying out a smaller sum rather than a larger one. That means their first offer will likely be less than you truly deserve. They hope you’ll be in a hurry to settle and an offer of money will be enough.
Unfortunately, if you accept a settlement offer and it turns out to be less than you deserve, you don’t have any options. Accepting a settlement means you can’t go back and ask for more, and you can’t file a personal injury suit.
It’s important to treat an initial offer as the beginning of negotiations rather than the end. Your lawyer will help you understand the pros and cons of accepting a settlement.
Is There a Statute of Limitations for Georgia Car Accident Claims?
In Georgia, the statute of limitations typically gives a car accident victim two years to file a lawsuit. Two years may seem like a lot of time to pursue legal action. However, it’s essential to enlist a knowledgeable car accident attorney immediately because building a solid case takes time.
Contact a Georgia Car Accident Lawyer
If you were injured in a car accident, you need an experienced attorney to help you negotiate a full and fair settlement. At Sherrod & Bernard, P.C., we can fight for the financial relief and justice you deserve after a collision. Contact our office today for a free consultation with a Georgia car accident lawyer.
