Accidents can quickly become expensive, even if injuries and other damages are minimal. Suddenly, you’re dealing with unexpected expenses and you’re not sure how you’re going to cover the costs.
Thankfully, Georgia allows most accident victims to file a personal injury claim against the at-fault party of the accident. This process can help you recover at least some of your damages.
However, not all damages sustained in an accident may be recoverable. Knowing what types of compensation in personal injury settlements are typically available can make it easier to know what to expect when the insurance check arrives.
What Are Damages in a Personal Injury Claim?
Damages in a personal injury claim refer to the monetary losses accident victims typically suffer. Like pretty much every other state, Georgia divides damages into three categories.
- Economic damages are tangible losses. This means these losses have an exact monetary value you can usually determine by adding up bills, receipts, and estimates.
- Non-economic damages are your intangible losses. These types of damages don’t come with a handy preset value. Instead, you and/or your personal injury attorney can use one of two methods to calculate the estimated value of your non-economic losses.
- The third category refers to punitive damages. This type of damage is only available in some personal injury cases. You can’t claim punitive damages, instead, they’re awarded by a judge and/or jury. Punitive damages are typically only awarded in cases where gross negligence is a factor.
Common Types of Economic Damages
To better illustrate what is considered recoverable in a personal injury case, here’s a closer look at what losses fall under economic damages.
1. Medical Expenses
Almost all personal injury claims list medical costs as economic damage. This is usually true even in minor fender benders. Regardless of the accident’s severity, it’s always a good idea to get checked out by a healthcare provider. You may have internal injuries that can take several days before symptoms start appearing.
You can claim the cost of the medical checkup, along with any necessary treatment. This includes prescriptions, rehabilitation therapy, and even long-term care. You can also claim any follow-up checkups. Save all bills and receipts and get copies of your medical records. You’re going to need to submit these items with your personal injury claim.
2. Property Repair/Replacement Costs
Not every accident results in property damage. A slip-and-fall may only cause injuries. The same can also be true in a product liability claim. However, if your property is damaged in the accident, you should be able to list it as a loss.
The legal definition of property damage is fairly broad. Not only can it include vehicle damage, but also your personal property like laptops, tablets, and smartphones. Even purses can be covered in an accident claim if the item is damaged.
Sometimes, property damage is too extensive for repairs. You need to replace the damaged item. Replacement costs can also be listed in a personal injury claim but don’t expect to recover the item’s original value.
The insurance company will factor in everyday wear and tear so your compensation may not cover all of the replacement costs. For example, if you’re including vehicle replacement costs, the insurance company usually only pays out the listed Kelley Blue Book value.
3. Lost Current and Future Income
Like property damage, not all personal injury claims include lost current and future income. However, if your injuries are severe you may miss work. This also isn’t a great time to start missing paychecks. You probably have bills coming in stemming from the accident.
Your list of economic damages can include lost current income. If your injuries are preventing you from returning to work, you may be able to claim lost future income. This can also apply if you’re unable to return to your previous position. If you’re forced to take a lower-paying job, your lost future income may be recoverable.
Pay stubs, tax returns, and a letter from your employer are usually enough to prove this economic damage.
Common Types of Non-Economic Damages
We mentioned earlier that non-economic damages are intangible. This can make it difficult to come up with their estimated value. If you’re not sure what qualifies as non-economic damage, the list can be extensive. Some common examples of non-economic losses include:
- Pain and suffering
- Mental anguish
- Anxiety and depression
- Disfigurement
- Loss of life enjoyment
- Loss of consortium
You may also be able to claim things like a permanent disability or physical impairment. Since you can refer to bills and receipts to come up with a monetary value, your personal injury lawyer will need to rely on other methods. You can use either the per diem or multiplier method to calculate the value of your non-economic damages. Both methods are widely accepted by insurance companies.
The per diem method looks at the number of days you experienced pain and suffering. The multiplier method assigns a number, usually between 1.5 and 5, to represent the severity of your injuries.
A quick tip is to use both methods. This way, if the insurance adjuster denies your claim you’re ready with a counteroffer. This can help speed up negotiations and the time it takes to receive a settlement check.
Reviewing Punitive Damages
We already noted that you can’t claim punitive damages. To receive punitive damages, you must file a personal injury lawsuit in civil court. After both sides present their evidence the judge or jury will review the case.
If the judge or jury decides a defendant is guilty of gross negligence, they can decide to award the plaintiff punitive damages. Currently, Georgia doesn’t cap punitive damages in most types of personal injury claims. An exception can be if you’re filing a medical malpractice lawsuit.
If you’re not sure what qualifies as gross negligence, it’s defined as an individual acting with blatant disregard for others’ safety. If a defendant purposefully sets out to cause injuries, they may be guilty of gross negligence.
Maximizing the Value of Your Personal Injury Claim
To help ensure you’re not left with outstanding expenses after settling a personal injury claim, it’s a good idea to work with an experienced personal injury attorney.
Your lawyer can help ensure you receive fair compensation for both your economic and non-economic damages.
