After suffering injuries in an accident caused by someone else’s negligence, you may wonder what compensation you could recover in a personal injury case. In Georgia, compensation in personal injury claims comes in three types: economic, noneconomic, and punitive damages. A personal injury attorney can help you understand what kinds of financial recovery you might obtain in your case.
Contact Spiva Law Group for a free initial claim review to speak with a Georgia personal injury lawyer about your options for pursuing compensation after an accident. Let our firm fight for the maximum money you deserve from those at fault for your injuries.
What Are Compensatory Damages?
As their name suggests, compensatory damages compensate you for losses you incur due to your injuries. Compensatory damages in personal injury cases fall into two categories: economic and noneconomic damages.
Economic Damages
Economic damages are compensation for financial losses an injured victim incurs after an accident. Common examples of economic losses include:
- Costs of medical treatment for injuries, including hospitalization, surgeries, prescription drugs, doctor’s appointments, physical or occupational rehab, and purchases of medical or mobility equipment
- Costs of long-term care needed for permanent disabilities, including home health services, housekeeping, home maintenance, or renovations to install disability accommodations
- Loss of income from missed time at work
- Loss of future earning potential and employment benefits due to permanent disabilities
Proof of economic losses may include bills, invoices, receipts, and expert testimony from financial analysts or medical and vocational experts.
Noneconomic Damages
Noneconomic damages compensate an injured victim for their personal, non-financial losses. Examples of noneconomic losses in a personal injury claim may include:
- Physical pain and suffering from injuries and subsequent medical treatment
- Emotional trauma or distress from the accident and injuries
- Loss of enjoyment or quality of life due to physical disabilities that interfere with daily activities
- Visible scarring and disfigurement that may cause humiliation or embarrassment
Unlike economic losses, proof of noneconomic losses often involves subjective testimony about the effects that injuries and disabilities have had on the accident victim’s life.
How Are Punitive Damages Different?
While compensatory damages compensate an injured victim for financial and personal losses they experience due to their injuries, punitive damages serve a different purpose. In personal injury lawsuits, the court may award punitive damages to punish a liable party for causing injuries through intentional conduct or egregious, shocking behavior. Punitive damages also aim to deter others from the same conduct. Awards for punitive damage typically occur only in rare cases.
Is There a Limit to the Amount of Compensation I May Receive in a Personal Injury Case?
Georgia law generally does not have any limit on compensatory damages in personal injury cases. However, limits on compensation may apply in certain circumstances. State law limits punitive damages to $250,000 per case, except for injury claims such as:
- Product liability claims
- Claims where the defendant had the specific intent to harm
- Claims caused while the defendant was under the influence
Compensation in injury claims against the state government is also limited to $1 million per person and $3 million per accident.
What If I Was Partly Responsible for the Accident?
If you bear partial responsibility for the accident that caused your injuries, you may still have the right to pursue compensation for your losses from the other party. Under Georgia’s modified comparative negligence law, you may pursue a legal claim if you are less than 50 percent responsible for the incident.
However, the rule will reduce your compensation by your percentage of fault. For example, if you suffered $100,000 of losses from an accident you bear 25 percent responsibility for, the rule will reduce your financial recovery by $25,000.
What Damages Are Available If the Injury Victim Is Killed?
After a loved one passes away due to their accident injuries, Georgia’s wrongful death statute entitles the surviving family to recover compensation for losses such as:
- Loss of the victim’s future financial support
- The value of the services the victim provided to their household, such as childcare or home maintenance
- Loss of the victim’s companionship, advice, and guidance
Families may also bring an estate claim after their loved one’s death from accident-related injuries to recover compensation that the victim could have obtained in a personal injury claim had they lived, including for:
- Medical expenses to treat the victim’s fatal injuries
- Funeral and burial expenses
- Loss of income between the victim’s injury and their death
- The victim’s conscious pain and suffering
What Is the Deadline for Filing a Personal Injury Lawsuit in Georgia?
Under Georgia’s statute of limitations on injury claims, you typically have two years to file a lawsuit after suffering injuries in an accident caused by another party. Filing after the statute of limitations expires on your injury claim runs the risk that the trial court will permanently dismiss your case. Because you have limited time to file a personal injury lawsuit, you should not wait to speak with a Savannah personal injury lawyer about your rights to recover compensation.
Contact a Georgia Personal Injury Lawyer
Reach out to a personal injury lawyer at Spiva Law Group today for a free, no-obligation consultation to discuss how a Georgia personal injury attorney from our firm can make a difference in the outcome of your compensation claim. Turn to us to learn more about the money you can pursue in your injury case.
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