Damages (or compensation due to injuries and damage to property) resulting from a car accident are unique in each case and may be recovered from the responsible driver, or more likely, his or her insurance company. Damages due to car accidents are generally divided into economic and non-economic damages.
The Georgia personal injury attorneys at Van Sant Law are very experienced with car accident cases. They know how to determine the damages in a case and present the evidence and arguments needed to successfully obtain both kinds of damages.
Economic DamagesEconomic damages are to put the person back to where they were financially before the accident, or make them whole. There are several types of economic damages in Georgia that a plaintiff (the accident victim filing the lawsuit) may be able to recover due to a car accident:
1. Medical ExpensesThese include all costs associated with treatment (both physical and psychological) for injuries. This can include:
Damages can include the expected costs of future medical treatment if the plaintiff can prove continuous, future medical care is needed because of the injuries received in the accident.
2. Lost WagesLost wages are the earnings that an accident victim would have earned but for the injury in the car accident.
Loss of earning capacity may be recovered if a plaintiff can prove their ability to earn an income, or earn wages at a certain level, has been impaired due to the accident. Proof of past earnings would be submitted to the jury so they can understand what the person could have earned in the future if not for the accident. Expert testimony or the testimony of the plaintiff’s employer could also be used.
4. Damage to PropertyCompensation for damage to your vehicle and any other property in the vehicle at the time of the accident could be recovered.
Non-Economic DamagesNon-economic damages may be more difficult to measure, prove, and obtain. But they can be very important, depending on the severity of the injury and its impact, because these damages may be far greater than economic damages. Non-economic damages can be recovered with the right evidence, applicable law, and skilled legal representation.
1. Pain and SufferingThis refers to physical pain and mental anguish felt by the victim. A jury would look at the nature of the injury, the degree of pain reported by plaintiff, how long it’s expected to last, and testimony by the treating physician and expert medical testimony.
In addition to the physical feeling of pain, other issues can include: shock, worry, anxiety, nervousness, fright, depression, embarrassment, or grief caused by the accident.
2. Loss of ConsortiumPunitive damages (damages intended to punish the defendant, the person being sued) can be awarded in cases in Georgia where the responsible driver was intoxicated or showed a reckless indifference for the safety of others. These damages are normally capped at $250,000 unless the driver acted with a specific intent to harm another person.
Have You Been Injured in a Georgia Car Accident?If you’ve been injured in a Georgia car accident you should speak with an experienced car accident attorney as soon as possible. Please contact us online or call our office directly at 855-GA-INJURY or 404-991-5950 to schedule your free consultation.