Damages

Understanding Personal Injury Damages

When someone suffers harm due to another’s negligence, they may seek financial compensation through a personal injury case. The monetary compensation awarded is called “damages”. The objective is to restore the injured party, or plaintiff, to their pre-injury financial status, as much as possible.

Compensatory Damages: What Are They?

Special Damages: These can be calculated and include:

Medical Expenses: Both past and future medical bills related to the injury.

Lost Earnings: Compensation for lost wages and potential future earnings.

Property Damage: Reimbursement or compensation for items or vehicles damaged in the incident.

General Damages: These are intangible and harder to quantify:

Pain and Discomfort: Compensation for physical pain resulting from the accident.

Emotional Impact: Compensation for psychological effects, such as anxiety or sleep disturbances.

Loss of Enjoyment: For inability to participate in regular activities or hobbies post-accident.

Loss of Consortium: Relating to a reduced quality of relationship with a spouse or child due to the injury.

Determining the Settlement Value

Every personal injury situation is distinct, but the following are influential factors:
The severity of injuries and any lasting implications.
Availability and adequacy of insurance coverage.
Clarity on who was at fault.
Perceived credibility and likability of all parties involved.

Impact of Statute of Limitations

The statute of limitations is a predetermined timeframe within which one must file a lawsuit. Once this deadline looms, it may affect settlement negotiations. If the lawsuit is filed within this period, its value might increase as the case progresses toward trial.

The Influence of Plaintiff’s Actions

The plaintiff’s actions pre and post-accident can affect the damage award. For instance:
Comparative Negligence: If the plaintiff is partly responsible, the award might be reduced proportionately.
Contributory Negligence: In some jurisdictions, if the plaintiff is even slightly at fault, they may not be entitled to any compensation.
Failure to Mitigate Damages: A plaintiff is expected to make reasonable efforts to minimize the impact of their injuries. Lack of such action can reduce compensation.

Punitive Damages: An Exception

For cases with especially reckless defendant behavior, punitive damages might be awarded. While compensatory damages focus on the plaintiff’s losses, punitive damages are to penalize the defendant and deter similar behavior. Due to their potential size, many jurisdictions have limits on punitive damage amounts.

Receiving Damage Payments

Upon reaching a settlement or receiving a court verdict, the compensation is provided via a check. However:
Lawyers working on a contingency fee basis will receive a portion, often around 33%, of the compensation.

Health insurers or medical providers might hold a lien on the award, ensuring they reimburse for medical costs linked to the injury.

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Local Auto Accidents

  • Atlanta
  • Conyers
  • Decatur
  • Kennesaw
  • Lawrenceville
  • Morrow
  • Watkinsville

Interstate 85 south shut down at Boggs Road because of crash  Gwinnettdailypost.com [...]

One dead after crash in Atlanta, police say  11Alive.com WXIA [...]

Memorial Day weekend Georgia drownings, car accidents  11Alive.com WXIA [...]

Community stunned after 4 dead, 6 injured in I-75 crash in Bartow County  Atlanta News First [...]

Victims of Sunday's multi-vehicle crash on I-75 in Bartow County identified  FOX 5 Atlanta [...]

Best Cheap Car Insurance Rates in Georgia (as low as $42/mo)  ValuePenguin [...]

Crash at notorious Decatur intersection sends three to the hospital  Decaturish.com [...]

Deadly Miller Rd/Covington Hwy crash: DeKalb Police  11Alive.com WXIA [...]

1 dead in overnight Decatur car crash, police say  Atlanta News First [...]

16-year-old student dies in crash, marking Lakeside High's fifth traffic fatality this school year  Decaturish.com [...]

Construction accident claims life of Watkinsville company employee  Online Athens [...]

Two pickups crash killing woman and injuring four other people  Online Athens [...]

Truck driver killed, 3 others injured in related traffic accidents, Athens police say  Atlanta News First [...]

Watkinsville man killed following truck crash on Commerce Road  Online Athens [...]

Daniel Thomas “Danny” Roland  Now Habersham [...]

3 dead after driver flees from GA police, crashes vehicle as car goes up in flames  WSB Atlanta [...]

Clayton County: Stolen ambulance chase leads to crash near Tara Boulevard, Dixon Road  FOX 5 Atlanta [...]

GDOT: I75 crash in Clayton County; lanes blocked  11Alive.com WXIA [...]

Four killed in Ohio highway wrong-way crash  NBC4 WCMH-TV [...]

Teenage car break-in suspect in Gwinnett County struck by vehicle  FOX 5 Atlanta [...]

Community stunned after 4 dead, 6 injured in I-75 crash in Bartow County  Atlanta News First [...]

5 killed in Bartow County I-75 crash identified: coroner  11Alive.com WXIA [...]

Bartow County crash: Kennesaw State University student killed  11Alive.com WXIA [...]

Pedestrian killed in overnight crash at Kennesaw intersection  Yahoo! Voices [...]

Family shaken but unhurt after car crashes into Cobb County home  11Alive.com WXIA [...]

One dead after crash in Atlanta, police say  11Alive.com WXIA [...]

Woman killed in Henry wreck that shut down I-75 South for hours   The Atlanta Journal Constitution [...]

Driver in deadly Peachtree Corners high-speed crash charged with murder  FOX 5 Atlanta [...]

4 Dead, At Least 3 Injured In 2 Gwinnett Co. Crashes  Patch [...]

Lawmakers consider banning speed cameras in Ga., one metro Atlanta county fights to keep them  WSB Atlanta [...]

Russell Jacoby Obituary - PA  The Morning Call [...]

2 killed in motorcycle crash on I-20 in Rockdale County  WSB Atlanta [...]

2 killed in Rockdale County multi-vehicle crash, sheriff’s office says  Atlanta News First [...]

Greenville: 3 women killed in crash on I-85  WYFF4 Greenville [...]

Rockdale County storm damage near Sigman Road  11Alive.com WXIA [...]

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