If you sustain a personal injury, you may incur substantial medical bills and other expenses. Some injuries result in permanent impairments, which could result in a lifetime of financial losses and other damages. Recovering a settlement or jury verdict for the total value of your losses is crucial.
Georgia’s personal injury laws provide compensatory damages for accident victims when another party causes their injuries. Compensatory damages include non-economic damages for pain and suffering. Damages also include monetary losses, or economic damages.
Examples of Economic Damages for a Personal Injury Case in Georgia
Economic damages are available in all types of personal injury cases, including car accidents, medical malpractice, slip and fall accidents, and product liability claims. These damages reimburse you for your expenses and monetary losses associated with the accident and your injuries. Economic damages you may receive for a personal injury claim include:
The Cost of Medical Treatment
Prompt medical care improves your chances of recovery after an accident. Medical records are also critical for proving the extent of your injuries.
Examples of medical bills and expenses include:
- Bills for doctors, specialists, surgeons, and other medical providers
- Physical, occupational, and other rehabilitative therapies
- Emergency medical services
- Hospitalizations and surgeries
- Diagnostic tests
It is important to follow your doctor’s treatment plan. Failing to seek medical care or follow through with a treatment plan could be used by the insurance company to challenge your claim.
Loss of Income
Your injuries may prevent you from working during your recovery. You can recover your lost wages, including:
- Salary
- Hourly wages
- Overtime pay
- Freelance and gig work
- Commissions and bonuses
- Tips
- Self-employment income
- Business income
You must prove how much you would have earned had you been able to work. Evidence of lost wages includes copies of your tax returns, income statements, and pay stubs. You may need a statement from your employer verifying your income.
If you use sick time or paid time off during your recovery, you may receive reimbursement for these benefits. Your claim may also include other benefits you would have received had you been able to work, including matching retirement funds, employment perks, earned PTO, and more.
Out-of-Pocket Expenses
In addition to medical bills and lost wages, you may have other expenses related to your injuries. Examples of out-of-pocket expenses include:
- The cost of household services and childcare
- Personal care and/or nursing care
- Mileage and travel costs to and from medical appointments
- Over-the-counter and prescription medications
- Medical supplies and devices, including crutches, bandages, wheelchairs, and more
Many accident victims do not think about documenting out-of-pocket expenses. These expenses could total thousands of dollars, depending on the severity of your injuries. Keep detailed records of all expenses you incur, including receipts, invoices, and bills.
Property Damage
You can recover the cost of repairing or replacing property damaged in an accident. Property damage claims are usually settled before the personal injury claim.
Do not sign a waiver or release without reading the entire document. You must ensure the insurance company does not include language related to blame for the accident or waiving your right to other damages.
Future Damages
If your injuries result in a permanent disability or impairment, you may recover economic damages for ongoing medical care, personal care, and skilled care. You can also receive damages for future lost wages and diminished earning capacity.
Proving future damages may require hiring several expert witnesses. For example, your attorney may retain medical specialists to testify about the severity of your impairment and how it prevents you from working. The doctors may also testify about the type of ongoing medical treatment or long-term care your impairment may require.
What Is the Deadline To File a Claim for Economic Damages in Georgia?
Economic damages are included in your personal injury claim. The statute of limitations for most personal injury lawsuits in Georgia is two years from the injury or accident date. However, the type of personal injury claim and other factors may change the deadline.
Missing the deadline to file a lawsuit means giving up your right to pursue a legal claim. Judges can dismiss lawsuits filed after the deadline, even if the lawsuit represents a valid legal claim. Because the statute of limitations could be different in your case, it is best to speak with an attorney as soon as possible.
How Much Will I Receive for Economic Damages in an Atlanta Personal Injury Case?
The value of your economic damages is based on the factors of your case. Numerous factors impact how much your personal injury case is worth. Examples of factors that affect your personal injury settlement include:
- Your injuries and the type of medical treatment you receive
- The duration of your recovery period
- Whether your injuries prevent you from working
- The availability of insurance coverage for your claim
- The parties involved in your case
- Whether you sustain a permanent impairment or disability
- The strength of your evidence proving fault for damages
Our legal team carefully documents your damages to increase your compensation as much as possible. We analyze all factors in your case to determine how each factor impacts your damages. The goal is to minimize negative factors while maximizing factors that increase the value of your claim.
Can I Recover Economic Damages if I’m Partially To Blame for My Accident?
Your blame for causing your injuries is a factor that can reduce the value of your claim. Under Georgia’s contributory fault law, you are barred from recovering damages if you are 50% or more to blame for the cause of your injuries. If you are less than 50% at fault, the court reduces your damages by your level of blame.
For example, suppose a jury awards you $500,000 for your damages. The defendant claims you contributed to the cause of the car crash. The jury agrees and assigns you 20% of the blame for the accident. In that case, the judge reduces your damages by 20% or $100,000.
An insurance company might try to shift the blame to you to avoid paying you for the total value of damages. Be careful what you say to the insurance adjuster and other parties. An innocent statement could be used to allege you were to blame for your injuries.
Schedule a Free Consultation With an Atlanta Personal Injury Attorney
You deserve compensation for all damages caused by another party’s negligence. At Goldstein Hayes & Lina, LLC, our legal team aggressively pursues claims to maximize the amount our clients receive for damages. Contact us today at (404) 869-8600 to schedule a free consultation with our Atlanta personal injury lawyers.
