If you’ve been hurt by someone else, filing a personal injury case is the avenue to recover a personal injury settlement that provides financial recovery for medical expenses, pain and suffering, and other losses. Naturally, you might ask your personal injury lawyer, “What’s my injury worth, and what’s my claim worth?” Understanding that they will vary widely in even similar personal injury cases is the first step.
The next step is speaking with a personal injury lawyer in Georgia who can help you understand what to expect from your personal injury settlement. The Law Offices of Jorge Luis Flores offers comprehensive legal support for personal injury claims with a dedicated team committed to maximizing your compensation. In this blog post, we explain what your personal injury case may be worth and how an experienced personal injury lawyer can ensure that you get the most for your claim.
Introduction to General Damages Insurance
In Georgia personal injury cases, general damages refer to the intangible, more subjective losses you might experience from an accident that another person caused by behaving negligently. If you’re ever heard the term “non-economic damages,” it is the same thing. Unlike medical bills that have receipts and records that can pinpoint the exact financials, general damages are about the suffering your injury has caused, and they are meant to compensate you for the life-altering impacts of this accident.
Under Georgia’s laws for negligence, you can recover damages for pain and suffering, mental anguish, loss of enjoyment of life, and other non-economic damages. This is why working with a personal injury attorney is important for injury victims who have endured serious injuries in a car accident or other event. It can be more challenging to present the effects of emotional distress than of economic damages. However, an experienced personal injury attorney will know how to turn these subjective losses into something judges and juries can understand.
Understanding Injury Claim Compensation
Injury claim compensation is what is paid out for losses from accidents. Your personal injury settlement will include special damages and general damages, also known as economic and non-economic damages.
Difference Between Special and General Damages
Special damages are simply economic losses that are tangible and easy to quantify through documentation. Medical bills are the most common personal injury damages, as these cases hinge on physical and mental harm caused by another party’s negligence.
Medical expenses can include physical therapy, any ongoing treatment needed, and all medical costs associated with your injury. Lost wages and future lost income are also part of these claims. All out-of-pocket expenses related to the injury, property damage, and even travel expenses to your medical appointments are special damages.
As for general damages, these subjective losses may not be much of a factor with minor injuries. However, if you have permanent injuries, as are common with catastrophic injuries like traumatic brain injury, then you may stand to recover more for your settlement. Pain and suffering, emotional distress, mental anguish, disfigurement, permanent impairment, and loss of enjoyment of life are common general damages in a personal injury lawsuit.
Factors Influencing Compensation Values
With both special and general damages, insurance companies look at many factors after a car accident or other personal injury occurred. One of the biggest factors is the severity of the injury. A person who has suffered a severe injury will have higher medical bills for things like broken bones, brain injuries, or permanent disabilities, which will impact the settlement value.
In addition to the actual expenses, the treatment and recovery time also matter for the settlement amount. Someone who has a long road to recovery or is left with permanent impairments will get a higher compensation value. When physical pain and the permanence of an injury impact daily life, from work to hobbies to personal relationships, monetary compensation tends to be higher in these cases. Punitive damages may also be on the table if the other party’s conduct was considered to be gross negligence or intentional, though this is a rarer occurrence.
Evaluating "What Is My Injury Worth?" and "What's My Claim Value?"
Every personal injury case will focus on past medical expenses and future medical expenses, but evaluating what your injury is worth and the value of your claim requires more than just presenting medical records and receipts. Several methods are often used by personal injury lawyers to ensure that the amount issued by insurance companies is fair.
Common Methods of Assessing Case Value
Since general damages cannot be calculated without first looking at economic losses, the first step is finding the full sum of all tangible losses. This includes lost income, medical treatment costs, damaged personal property, and any other documented damages.
Once these tangible costs have been calculated, then the multiplier method may be used. It takes the total sum of the economic damages and multiplies them by a number that is often between 1.5 and 5, with 5 being assigned for the most impactful injuries. This helps calculate personal injury case worth for pain and suffering, as well as other general damages.
The per diem method is another way, which involves assigning a specific dollar amount for every day an injured person suffers. It tends to look at daily income or how severe the daily pain is for the victim.
Whether you were in a car accident, slipped and fell on a property, or got hurt in another way, Georgia also takes into consideration whether a victim’s own actions contributed to their injuries. The modified comparative negligence used in this state follows the 50% bar rule, allowing you to recover damages if you are less than 50% at fault. Since insurance companies commonly blame injured victims to reduce or deny settlements, working with a personal injury lawyer can help protect you from being unfairly blamed.
Role of Legal Representation in Evaluation for Fair Compensation
As the injured party, you’ve likely got a lot on your mind with injuries that have been painful and have adversely affected your life. Whether you will make a full recovery or be left with permanent effects from these injuries, working with an attorney is the best way to ensure you get the full and fair amount you deserve.
Your attorney will look at your lost wages, medical bills, and other tangible losses, calculating both the current and future damages. Many victims who attempt to work with the insurance company on their own often do not think about the long-term impacts of their pain and suffering or how lost wages can add up and cause them to sink into debt. A lawyer is always thinking about the future impacts of your current losses and helps you recover compensation for them.
Beyond valuing your case fully, personal injury attorneys compile all of your evidence and have the resources to get things you might not have access to. There may be traffic cameras or nearby business surveillance footage, as well as expert witnesses who can prove the other party behaved negligently and caused your injuries. These experts are also helpful for pain and suffering and proving the intangible aspects of your case.
When you seek compensation, the claims process will often discuss available insurance coverage, but a lawyer will know how to go beyond this to hold the other party fully accountable for their negligence. You’ll get the support you need from someone who understands the system, knows how to fully calculate all of your losses, and advocates for you while you focus on healing.
Legal Services Offered by The Law Offices of Jorge Luis Flores
The Law Offices of Jorge Luis Flores represents injured victims in Georgia who have been in car accidents, slip and falls, workplace accidents, and other catastrophic events. Our structured process for maximizing compensation and supporting clients is part of our commitment to your recovery and compensation.
We understand how stressful it can be to suffer injuries at the hands of others who are behaving carelessly or negligently. It is why we work on a contingency fee basis to help you get the representation you need without worrying about the cost. Under this model, we work for you for free and do not collect anything unless we recover your compensation.
You can engage our services with a free consultation that allows you to tell us about what happened, ask questions, and learn about your legal rights and options. There is no obligation to work with us, but if you decide to proceed, we then begin to promptly secure your medical records, police reports, video footage, and witness statements. We also hire expert witnesses to reconstruct the accident and testify about the impacts your injuries have had on your life.
You don’t have to worry about anything except following your doctor’s orders for recovery. We handle all negotiations and prepare for trial even when we are confident a settlement will occur. Since 2002, we have been committed to standing up for those who have a personal injury claim, and we are proud to offer excellent service and the expertise needed to effectively represent you. Our team is committed to achieving the best possible results for your injury-related case, and we invite you to contact us to schedule your free consultation today to learn more about how we can help.
Common Questions About Personal Injury Claims
How long do I have to file a Georgia personal injury lawsuit?
Injured victims in Georgia will need to take legal action within 2 years of the date of their injury. This time limit is for filing a lawsuit, not for bringing a claim to the insurance company. If you have been hurt, you should contact the insurer as soon as possible to file a claim.
What if I am partially responsible for my injuries?
Shared fault is quite common in motor vehicle accidents, which is why the state follows a modified comparative negligence rule. You must be less than 50% at fault for the accident that causes your injuries or you will not be allowed to receive compensation. If you are under this threshold, your settlement award will be reduced by your percentage of fault.
Do I need a lawyer to recover compensation after an accident occurred?
Hiring a personal injury lawyer is not required by law, but it is highly recommended. Insurers will do everything they can to minimize the settlement amount and they also have litigation teams to fight you every step of the way. With an attorney, you’ll have someone who is focused on your best interests. It is ideal to get legal representation that helps you recover the full and fair amount you deserve if you have suffered serious injuries.
Myths vs. Facts in Georgia Personal Injury Claims
Many victims feel the added burden of the financial costs that have accumulated after an accident. While it may sound tempting to avoid legal fees, one big myth that continues is thinking that you can handle the insurance company alone. The reality is that insurance adjusters are trained to act like they’re sympathetic to your plight, but what they’re really doing is minimizing your payout.
You might also be inclined to believe that you need to have severe injuries to have a legitimate case, but that’s not true. Any injury caused by negligence can be pursued, and to that end, even if you were partially at fault, you may still recover financial losses under modified comparative negligence.
The key to getting the right settlement amount is in working with a personal injury lawyer who can step in immediately to take over before evidence and witnesses disappear. Don’t delay in getting the help you need through the Law Offices of Jorge Luis Flores.