Many people want to know how to determine the amount of compensation they can expect after a personal injury. Factors like medical bills, missed income, and the personal impact of an injury all affect how damages are calculated in personal injury cases.
At Blasingame, Burch, Garrard & Ashley, P.C., our Athens personal injury lawyers have helped injury victims across Georgia understand what goes into these calculations and pursue compensation that reflects the full scope of their losses.
For a free consultation, please call (706) 354-4000 or fill out our online form today.
Calculating Economic Damages in Georgia Personal Injury Cases
Economic damages are the direct financial costs tied to your injury. These damages are often the easiest to calculate because they rely on concrete evidence such as bills, receipts, and pay stubs.
Medical Expenses
Medical expenses are the primary source of economic damages, from hospital stays and surgeries to physical therapy and prescriptions. They also account for the cost of future medical care if recovery will take time.
Example: After suffering a back injury in a trucking accident, you may have already paid $15,000 for treatment. If your doctor estimates another $30,000 in future care, your total medical expenses would be $45,000.
Lost Wages
If your injury prevents you from working, you can seek compensation for lost income, including benefits and bonuses. Future earning potential may also be available if your ability to work has been permanently affected.
Example: If you’re a construction worker earning $5,000 per month and a slip-and-fall injury leaves you unable to work for six months, your lost wages would total $30,000. If ongoing physical limitations from the injury reduce your earning potential, you may be eligible for additional compensation for future losses.
Property Damage
When personal property, such as a vehicle, is damaged during the incident, you can include the repair or replacement costs in your economic damages.
Example: If a car accident left you with $10,000 in repair bills and $2,000 in additional transportation costs, these amounts would factor into your claim.
Calculating Noneconomic Damages in Georgia Personal Injury Cases
Some of an injury’s most significant effects aren’t reflected in records or bills. Noneconomic damages help account for these personal losses, such as physical pain, emotional distress, and the ability to enjoy daily life. In Georgia, there are two standard methods for calculating noneconomic damages: the multiplier and the per diem methods.
Multiplier Method
This method multiplies your total financial losses, like medical bills and lost wages, by a number between 1.5 and 5. The higher the number, the greater your injury impacts your life.
Example: If your medical expenses and lost income add up to $25,000, and a multiplier of 2.5 is applied, your noneconomic damages would be $62,500.
Factors like the severity of injuries, recovery time, and whether the injury has long-term effects help determine the multiplier used.
Per Diem Method
The per diem method assigns a daily dollar value to your pain and suffering, multiplied by the number of days you’ve endured the effects of the injury.
Example: If the daily rate is $150, and you experience pain and suffering for 200 days, your noneconomic damages would total $30,000.
These methods aim to put a value on the personal impact of your injury. While no calculation can fully account for what you’ve been through, they help provide a framework for seeking fair compensation.
How to Calculate Damages for Negligence
Understanding how damages are calculated in Georgia personal injury cases involves gathering the proper evidence and considering the specific laws that may affect your case.
A solid claim typically includes:
- Medical records and bills
- Pay stubs or proof of lost wages
- Testimony from doctors or specialists about your injuries
- Expert evaluations of how your injury impacts your ability to work and live.
Together, these forms of evidence can help prove the liable party’s negligence.
Certain Georgia laws also affect the assessment of damages:
- Comparative fault. If you share responsibility for the incident, your compensation is reduced by your percentage of fault. You can still recover damages if you are less than 50% at fault.
- No cap on noneconomic damages. Unlike some states, Georgia does not limit compensation for personal losses like pain and suffering and emotional distress.
- Punitive damages. In cases of reckless behavior, a court may award punitive damages to penalize the at-fault party. These are usually capped at $250,000, though exceptions exist for specific situations, like drunk driving.
Accurately calculating personal injury damages means considering all your injury’s financial and personal effects. Since insurance companies often aim to minimize payouts, working with an experienced personal injury attorney in Georgia can help ensure nothing is overlooked.
How Blasingame, Burch, Garrard & Ashley, P.C. Can Help
For over 40 years, Blasingame, Burch, Garrard & Ashley, P.C. has helped Georgia injury victims pursue compensation that reflects the full extent of their financial and personal losses.
Whether it’s gathering evidence, calculating damages, or negotiating with insurance companies, we handle the legal details so you can focus on your recovery.
Contact our firm online or call (706) 354-4000 today for a free consultation. We’re here to explain your options and help you seek the compensation you deserve.
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