An injury can change your life in ways you never expected.
Medical bills, missed work, and unexpected expenses can complicate everything. If this feels familiar, you’re not alone; there are ways to seek help.
Georgia law provides different forms of compensation to address the effects of an injury.
Learning about the types of damages in personal injury cases can give you a better sense of what compensation might be available to you.
An experienced Georgia personal injury attorney can evaluate your case, determine what damages apply, and assist you in pursuing the compensation you need.
For a free consultation, please call us at (706) 354-4000 or send us an online message today.
Damages in a Personal Injury Claim
In personal injury claims, “damages” refer to the value of the losses and injuries you incur after an accident. These losses fall into two categories: compensatory damages and punitive damages.
Compensatory damages remedy an injury’s financial impact and the emotional and physical toll it takes.
They include:
- Special (economic) damages. The measurable costs of your injury—like medical bills, lost income, or the cost to repair a damaged vehicle. These losses are typically demonstrated with receipts, invoices, or pay stubs.
- General (noneconomic) damages. These damages address an injury’s more personal and intangible impacts, such as pain, emotional distress, or changes in your ability to enjoy life.
Punitive damages are different. They aim to penalize and deter reckless or intentional behavior.
Each of these types of personal injury damages plays a role in addressing the harm caused by an accident. Let’s look closer at how they might apply to your situation.
Special Damages
Special damages, also called economic damages, cover the specific financial losses caused by an accident. What are special damages, specifically? They are measurable losses you wouldn’t have incurred without the accident.
Examples of special damages are:
- Medical expenses. Costs for emergency care, hospital stays, physical therapy, and ongoing treatments.
- Lost wages. Compensation for income lost if your injury prevents you from working.
- Property damage. Repairs for a damaged vehicle or replacement costs for personal belongings.
- Future expenses. Costs for long-term care or reduced earning capacity due to the injury.
Special damages cover the financial impact of an accident, allowing you to be put back in the financial position you were in before the accident.
General Damages
General damages recognize that you don’t just experience financial loss after an injury, you also experience pain, emotional strain, and changes to your daily life.
Examples of general damages include:
- Physical pain and suffering. The physical impact of your injury, whether it involves ongoing discomfort or long-term chronic pain.
- Emotional distress. Anxiety, depression, or fear stemming from the accident and its effects on your mental well-being.
- Loss of enjoyment. The inability to engage in activities, hobbies, or experiences that once brought joy or fulfillment.
- Changes in relationships. The strain on personal connections or the loss of companionship caused by the aftermath of your injury.
So, what are general damages in a personal injury case? They are compensation for the personal, less measurable impacts of an injury. For instance, if your injury prevents you from attending family events or pursuing hobbies, general damages reflect how that loss has affected your overall quality of life.
General Damages vs. Special Damages
Special and general damages address different aspects of an injury, working together to provide a complete picture of your losses:
- Special damages focus on measurable financial losses, such as medical bills, lost wages, or property damage.
- General damages account for intangible effects, such as pain, emotional suffering, or changes in one’s ability to enjoy daily life.
By combining these two types of damages, your claim reflects the financial costs and the personal toll of your injury, ensuring you’re compensated fairly for everything you’ve experienced.
When Punitive Damages Are Considered
Compensatory damages, such as special and general damages, are meant to address the losses caused by an injury. Punitive damages, however, serve a different purpose.
These damages hold the at-fault party accountable for reckless or intentional actions and discourage similar behavior. Punitive damages are rare and typically apply only in cases involving extreme negligence or malicious conduct.
For example:
- If a drunk driver caused your accident, punitive damages might apply due to the serious disregard for safety; or
- If a company knowingly sold a defective product that caused harm, punitive damages could serve as a penalty and deterrent.
In Georgia, punitive damages are capped at $250,000 in most cases, though there are exceptions to this limit.
If you believe your case may involve punitive damages, an attorney can help clarify your options.
Georgia’s Rules for Recovering Damages
Georgia has laws that determine how damages are awarded in personal injury cases. These rules include how fault affects compensation and the deadlines for filing a claim.
Comparative Negligence
Georgia uses a modified comparative negligence rule, allowing you to recover damages even if you are partially at fault for the accident. Your compensation is reduced by the percentage of fault assigned to you. For instance, if you are 25% at fault, your compensation is reduced by 25%. However, you cannot recover damages if you are 50% or more at fault.
Statute of Limitations
Typically, Georgia law requires you to file a personal injury claim within two years of the injury. Typically, missing this deadline means losing the chance to pursue compensation. Some exceptions, such as cases involving minors, may extend or modify the filing timeline.
Pursue the Compensation You Need With BBGA
Understanding the types of damages in personal injury cases is only the start. At Blasingame, Burch, Garrard & Ashley, P.C., our skilled attorneys uncover every category of damages that applies to your case. With over 40 years of experience, our team works to secure compensation that reflects both the financial and personal impact of your injury.
Contact us online or call (706) 354-4000 today for a free consultation. Let’s talk about your case and what it takes to pursue the compensation you’re owed.
Resources:
- Georgia Statute of Limitations for Personal Injury, link.
- Georgia Statute of Limitations, Exceptions for Minors, link.
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