Law of Damages in a Georgia Car Accident Case

A car wreck scene with injuries.

Understanding Damages in a Georgia Car Accident

If you’ve been in a car accident in Georgia, you may be entitled to compensation for your losses. The law allows injury victims to recover different types of damages depending on the severity of their injuries and the circumstances of the accident.

In this article, we’ll break down the three main types of damages—economic, non-economic, and punitive—and how Georgia courts determine the amount you may receive.

Economic Damages: Reimbursing Financial Losses

Economic damages are the tangible financial losses you experience due to an accident. These damages are relatively straightforward to calculate because they are based on actual expenses and financial records.

Common Examples of Economic Damages in Car Accident Cases:

  • Medical Bills: Emergency care, surgery, hospital stays, rehabilitation, and future medical expenses.
  • Lost Wages: If your injuries prevent you from working, you may recover lost wages and loss of future earning capacity.
  • Diminished Value: If your vehicle loses value due to the accident, you may be entitled to compensation. Diminished value is the difference between the value of your vehicle before the accident and after the repairs are made. Car that have been in accidents are worth less than cars that have not been in accidents.
  • Damage to your vehicle: The cost of repairing or replacing your vehicle and other personal property damaged in the crash.
  • Damage to items inside of your vehicle: If you had a laptop, phone, or other personal items in your vehicle that were damaged in the crash, you may be entitled to compensation for those items. Additionally, car seats that were in the vehicle at the time of the crash should be replaced.
  • Rental Car: If your vehicle is in the shop for repairs, you may be entitled to a rental car.
  • Out-of-Pocket Expenses: This includes transportation costs for medical appointments, in-home care, and any necessary modifications to your home due to injuries.

Example: If you suffered a broken leg in a car accident and incurred $50,000 in medical bills, $10,000 in lost wages, and $5,000 in vehicle repairs, your total economic damages would be $65,000.

You are owed the complete amount of your economic damages, even if your own health insurance paid some of your medical bills. The at-fault driver is responsible for the full amount of your medical bills, not just the amount that your health insurance did not pay.

Non-Economic Damages: Compensation for Pain and Suffering

Unlike economic damages, non-economic damages do not have a clear monetary value. Instead, they compensate injury victims for physical and emotional suffering caused by the accident. In cases involving serious injury, the non-economic damages can be significantly higher than the economic damages.

Getting car insurance companies to pay the fair value of non-economic damages can be challenging, especially without the help of an experienced personal injury attorney. Insurance companies often try to minimize the value of non-economic damages by using computer programs that undervalue the pain and suffering of the injury victim.

Factors That Affect Non-Economic Damages:

  • Pain and Suffering: Compensation for the physical pain and discomfort experienced from the injuries.
  • Emotional Distress: Includes anxiety, depression, PTSD, and other mental health struggles resulting from the accident.
  • Loss of Enjoyment of Life: If your injuries prevent you from engaging in activities you once loved.
  • Disfigurement or Permanent Disability: If the accident leads to scarring, amputations, or long-term disability.

Example: A person who suffers a spinal cord injury that leaves them unable to walk may be awarded significant non-economic damages for their lifelong pain, loss of independence, and emotional suffering.

Calculating the exact value of pain and suffering damages can be challenging. Georgia juries are allowed to consider the severity of the injuries, the impact on the victim’s life, and the duration of the pain and suffering when determining the amount of compensation. Presenting the case in a way that the jury can understand the full impact of the injuries is critical to maximizing the recovery for pain and suffering.

Punitive Damages: Punishing Gross Negligence

Punitive damages are different from economic and non-economic damages. They are not meant to compensate the victim but rather to punish the at-fault party for reckless or intentional misconduct.

When Are Punitive Damages Awarded?

Under O.C.G.A. § 51-12-5.1, punitive damages are only available if the at-fault party acted with:

  • Willful Misconduct (intentional wrongdoing)
  • Fraud
  • Malice
  • Conscious Indifference to Consequences (extreme recklessness)

Punitive damages are often awarded in cases involving drunk driving, hit-and-run accidents, or extreme negligence.

How Georgia Courts Determine the Amount of Damages

Georgia follows a comparative negligence rule under O.C.G.A. § 51-12-33. This means that your compensation can be reduced if you are found partially at fault for the accident.

How Comparative Negligence Works:

  • If you are less than 50% at fault, your damages are reduced by your percentage of fault.
  • If you are 50% or more at fault, you cannot recover any damages.

Example: If you were awarded $100,000 in damages but found to be 20% at fault, your compensation would be reduced to $80,000.

Navigating Georgia’s car accident laws and damage calculations can be overwhelming, especially when dealing with serious injuries. An experienced personal injury attorney can help you gather evidence, calculate damages, and negotiate with insurance companies to ensure you receive fair compensation.

If you or a loved one has been injured in a Georgia car accident, consider speaking with a lawyer who can guide you through the legal process and fight for the compensation you deserve.

Sources

  • [Georgia Code § 51-12-5.1] (Punitive Damages)
  • [Georgia Code § 51-12-33] (Comparative Negligence)
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