When you are preparing to claim for an injury suffered due to the negligence of others, the first thing that might come to your mind would be how much your case will be worth. At the very least, the case will be worth the economic damages you have suffered during and after the process, including medical expenses, lost wages, dropping earning capacity, and loss of future income.
Damages beyond this point are difficult to conclude because every injury case is unique. While any particular value can’t be designated to a case, a qualified car accident lawyer in Decatur, Georgia from The Super Lawyer can give you a good idea of what you can expect to receive in case of a settlement.
To better comprehend the value of a case, a decent starting point would be considering how insurance companies settle the value of claims to commence negotiations. Most insurance companies use specific assigned damages formulas to determine the final compensation rate of a claim, and your Georgia personal injury attorney will help you understand it all.
What Are Damages?
A tort is an illegal act that causes another party to suffer a loss. Some offenses, such as assault, are deliberate but most, like negligence, are unintentional. In both cases, the victim of these wrongdoings can pull through their losses by making claims against the person who abused them. When torts lead to financial loss, the courts can inspect evidence such as employment or tax records to conclude a victim’s losses.
The various types of injury cases that may award compensation for suffered damages include:
- Any type of vehicle accident–car, motorcycle, bicycle, boats, or trucks
- Medical malpractice
- Workplace injury
- Assault and battery
- Animal bite
- Dangerous drugs
What are Different Types of Damages?
Damages can include easily quantifiable aspects known as economic or special damages and non-economic damages, like pain and suffering, lost enjoyment of life, or loss of recreation.
Damages that don’t result in a straight financial loss are more complicated to determine. When evaluating these non-economic damages, the courts observe the past cases or ‘precedents’ for guidance so that all the claimants with the same level of injuries are granted similar value of compensation. But still, this is easier said than done.
The courts must look at the specific circumstances of the case. They must also contemplate whether the victim was healthy and fit before the accident or whether the tort caused pre-existing injuries to aggravate.
In most states, if a person gets injured because of the negligence displayed by any other individual or corporation, the law provides that the injured party can request a jury to compensate them for economic and non-economic damages.
Economic damages can be calculated promptly and are typically easily presentable to a jury. The jurors comprehend hard and fast numbers, like medical bills and lost wages. They are also often readily willing to compensate an injury victim for these losses.
What becomes more difficult to prove and be compensated for are non-economic or commonly referred to as pain and suffering damages. They are also known as general damages.
Economic damages, also known as special damages, include:
- Medical Expenses – physical rehabilitation, ambulance costs, counseling costs, medical equipment
- Home accommodations
- Lost wages
- Job loss
- Motor vehicle repair costs
- Several other property damages
General (non-economic) damages refer to damages that are not financial. There are no tangible bills or takes that state a particular dollar amount for pain and suffering or emotional damage yet they are still losses for which the victim deserves compensation.
Non-economic damages include:
- Mental anguish
- Loss of consortium/companionship
- Reduced quality of life
- Loss of eyesight or hearing
- Loss of enjoyment of life
Factors That Determine the Value of Your Injury Claim in Decatur, Georgia
If you experience severe injuries through no fault of your own, you deserve compensation that will cover your losses. Each case is different. However, if any personal injury or car accident lawyer in Decatur, Georgia takes on your case, they will assess the worth of your case by considering the following factors:
Medical Bills and Costs
The accident victims deserve to attain compensation for their former and pertaining medical treatment, including continuous medication, adaptive medical devices, pain management therapies, physical therapy, and transportation to the doctor.
The settlement for your medical expenses can base on the following factors:
- The type of care you received
- The duration you were in the hospital
- Transportation to the hospital
- Whether or not you require surgery or long-term care
You have probabilities of a higher payout in case the injuries require costlier choices, like on-site treatment.
If your injury forces you to skip work, you might be reimbursed for the lost wages that you couldn’t earn. Alternatively, if your injury is permanent you should obtain compensation for 100 percent of lost wages. In case you can work again, but in a diminished capacity, then you justify the difference between what you grossed before and after the injury.
Pain and Suffering
Insurance companies occasionally use “pain multipliers.” This means to estimate your pain and suffering damages they multiply your actual economic loss by a previously designated number.
Nature and Extent of Injuries
Understanding the nature and degree of your injuries is also vital for determining the overall worth of your case. If you suffer from a minor whiplash, you will obtain little compensation. Simultaneously, if you have broken bones or trauma leaving lasting effects such as permanent disfigurement, you would be normally claiming much greater compensation.
There Is No Formula to Determine the Exact Value
The damages formula commonly used by insurance companies and the value of special damages can be a starting point to conclude the overall worth of your case, but there are no authentic measures for automatically allocating value to injury claims. The form and severity of your injuries will always have a direct impact on the claim’s value, but lots of other factors also influence your claim.
Let Our Georgia Personal Injury Attorneys Help You Seek Maximum Compensation
Unfortunately, as mentioned above there is no actual formula that will conclude the precise value of your case; online calculators can only give you a general idea. In an ideal world, every accident victim would be granted compensation for the exact amount of damages they have suffered. Unfortunately, the insurance claim procedures seldom work that smoothly.
If you are disturbed regarding the conclusion of your case, an experienced Georgia personal injury attorney can help you get adequate compensation you merit. The competent lawyers from The Super Lawyer Legal Group can help you comprehend whether your case deserves earning compensation that’s higher than the average damages settlement.
Our team of proficient and qualified car accident lawyers in Decatur, Georgia has handled thousands of claims.
Call us today to arrange a consultation session with experienced attorneys!