The laws and regulations of Georgia state that monetary compensation should be awarded to anyone who has suffered injuries and bruises due to a car crash. Filing a Georgia personal injury lawsuit becomes necessary when the defendant or insurance adjusters fail to provide an adequate amount of fair compensation. Fighting professional insurance lawyers can be very complex, therefore it is recommended to always hire an attorney before going to trial.
According to Insurance Institute for Highway Safety, in the United States, the 33,244 car crashes that occurred in 2019 claimed an estimated 36,096 lives. This led to 1.11 deaths per 100 million miles traveled and 11 deaths per every 100,000 individuals.
What are Damages?
The financial compensation in a Georgia personal injury lawsuit awarded to the victim or their family is known as damages. This is one of the many aspects which financially assist injured victims and help them get back on their feet. There are three types of damages as per the Georgia code of conduct that a plaintiff should be aware of before filing a lawsuit in Georgia:
- Special damages
- General damages
- Punitive damages
Special Damages:
Following is a list of damages that fall under the ambit of special damages:
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Medical Expenses:
Medical costs of certain victims may involve an expensive surgery, depending upon the circumstances. Medical screenings and other tests, prescriptions, cost of admission, physician’s fee, and ambulance cost are all part of various kinds of medical expenses. The expenses incurred on ongoing medical checkups are also made part of special damages.
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Property Damage:
The term property may include your car, SUV, or pickup truck. After a car crash, any damage to such property items or any other items inside the vehicles is deemed as property damage. It is likely that a fire may have erupted in the car which can result in a total loss of property. In the case where such property damage is observed, Georgia law states that the victims should be reimbursed according to the fair market value of their belongings.
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Lost Wages:
Lost earnings are also a major element constituting special damages. Depending upon the severity of injuries, a car collision might also cause victims to stay home and recover from their injuries, thereby missing work. Such victims might also be unable to show up for work when they have a follow-up appointment with their doctor. In case of an extremely severe incident, an individual might be permanently impaired to qualify for their previous job. They are entitled to financial compensation in all scenarios if they are able to prove their deteriorating health through maintaining adequate records of documents and medical invoices.
General Damages:
General damages can be termed as those damages which incorporate crucial qualitative calculations to determine the pain and suffering after an accident. Following is a list of qualitative damages that may require an expert in order to quantify their value:
- Depression and/or anxiety
- Disfigurement
- Impaired quality of lifestyle
- Loss of a loved one
- Physical damage
- Permanent disability
Punitive Damages:
If the wreckage was caused by fraud or malpractice of a third party, such a party would be separately liable for any of the damages caused to the victim. Punitive damages may be available to victims if the third party caused any misconduct while the repair or maintenance of any of the vehicles, causing it to malfunction.
Children and Georgia Personal Injury Damages:
According to the law of Georgia, a child may receive personal injury compensation if someone’s negligence or reckless behavior leads to a child being injured. A lawsuit becomes necessary if the insurance company refutes the claim and does not compensate the victim.
However, children before attaining the age of majority are unable to pursue lawsuits by themselves. The determination and calculation of damages in the case of a minor child are the same as in the case of an adult. Moreover, as the children are unable to fight a case by themselves, it is necessary that they are assisted and guided by a responsible adult in the form of a parent or legal guardian.
How to Get a Fair Amount of Compensation in a Georgia Personal Injury Lawsuit:
Getting a fair amount of compensation in a Georgia personal injury lawsuit is harder than it seems. The skilled and cunning defense lawyers and biased insurance adjusters will make it very hard for you to succeed. However, the lawyers at HRF legal will guide you through the legal framework and assist you in getting the right amount of damages that you deserve.
