Recover damages after an accident, it is possible? Undoubtedly, yes!
If you have been injured in an accident, there are three main types of damages that may apply to your situation. Economic and non-economic damages are both considered compensatory, meaning that they are intended to provide monetary reimbursement for your losses. Punitive damages, while awarded much less frequently, may come into play if your accident was caused by someone else’s extreme recklessness.
Here at Ross Moore Law, our Georgia personal injury lawyers are equipped to handle a wide variety of cases – including car accidents, truck accidents, medical malpractice, construction accidents, wrongful death cases, and more. And, we understand the Georgia law and how to recover damages after an accident.
Depending on your case, you may be eligible for compensation for one or more of the damages detailed above.
Our Atlanta, GA law firm will fight to ensure you receive the settlement you deserve! Attorney Ross Moore and our team will also offer trusted legal advice and support each step of the way. Read on to learn more, and then contact Ross Moore Law to schedule your free consultation!
Recover Damages after an Accident: Compensatory Damages
Trust our Atlanta personal injury lawyers to determine the damages you deserve – and to negotiate with the insurance company to maximize your settlement. Here’s how we calculate compensatory damages for your case:
Economic damages refer to the financial losses incurred by your accident, and are determined based on the following:
- Medical expenses
- Lost wages
- Replacement/repair of property
- Other direct expenses for the injury
Because your recovery may take months or even years, economic damages include both past and future expenses. An experienced attorney can work with your doctor to estimate future costs, so you’re not left with hefty medical bills down the road.
Non-economic, or intangible, damages are more difficult to calculate. Mental and emotional impacts are tricky to quantify, which is why it’s important to have a qualified Georgia personal injury lawyer on your side to recover damages after an accident. Non-economic damages may include but are not limited to:
- Pain and suffering
- Emotional trauma
- Loss of companionship
- Loss of consortium
- Damage to reputation
- Depression and anxiety
- Loss of enjoyment of life
What Are Punitive Damages?
As mentioned above, punitive damages are not awarded nearly as often as the other two types of personal injury damages. Punitive damages serve as punishment for the defendant’s grossly negligent or intentionally harmful behavior – such as cases of fraud, assault, kidnapping, theft, etc.
These damages are also aimed at deterring other people from acting similarly. Punitive damages are heaped on top of other damages, and are often capped at four times the amount of compensatory damages. Keep in mind that some states are more likely to award punitive damages than others.
Is There A Cap To Punitive Damages in Georgia?
For Georgia personal injury cases, punitive damages cannot exceed $250,000, 75% of which must be paid into the state treasury. There are three exceptions to the cap, including the following:
- Product liability claims
In these cases, only 25% of the punitive damages (plus attorney’s fees and costs) are paid to the plaintiff with the rest paid to the State of Georgia.
- Cases of defendant impairment
If the defendant was impaired due to drugs, alcohol, or other substances when the incident occurred, no cap exists.
- Cases of intentional harm
If it is proven that the defendant “acted, or failed to act, with the specific intent to cause harm,” there is no cap for punitive damages.
Modified Comparative Negligence in Georgia
Georgia observes the modified comparative negligence system to determine fault and award damages. This system is particularly important when the accident victim is partly to blame. Here’s how it works: If a personal injury lawsuit is filed and the case goes to trial, a jury will assign a percentage of blame to each party. If yours is less than 50%, you are still eligible for compensation. However, if you are found to be 50% or more at fault, you cannot recover compensation.
Legal Advice is Crucial When Determining Damages
Calculating damages can be tricky, so it is best to let an Atlanta personal injury attorney handle it. Our law office has experience calculating both economic and non-economic damages for personal injury claims. We know exactly how to recover damages after an accident. If the insurance company refuses to make a fair settlement offer, we can also file a lawsuit on your behalf.
Contact Ross Moore Law Today!
Looking to recover damages after an accident? Need a local personal injury attorney to handle your case? Our team at Ross Moore Law is eager to put our experience to work for you. Call us today or book a free consultation online!
Conveniently located in the heart of Atlanta, GA, we are proud to serve clients throughout the surrounding areas of Athens, Alpharetta, Peach Tree, Marietta and more! In addition to Georgia clients, we welcome Tennessee clients as well! Get in touch today.
Ross Moore Law has experience handling the following types of personal injury cases:
- Car Accident
- Truck Accident
- Motorcycle Accident
- Boating Accident
- Wrongful Death
- Catastrophic Injury
- Construction Accident
- Premises Liability
- Product Liability
- Dog Bites
- Elderly Abuse
- Medical Malpractice
- Personal Injury
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