Legal Guides Archive | Page 2 Of 3 | Atlanta Personal Injury Law Firm

Question 1

What are Personal Injury Damages?

Accepted Answer

Damages in a personal injury claim are forms of financial compensation awarded to individuals who have suffered injuries due to another party’s negligence or intentional actions.

Personal injury damages aim to cover medical bills, lost income, pain and suffering, mental anguish, and other losses.

Damages are designed to restore the injured party to the financial position they would have been in if the injury had not occurred.

In more severe cases, damages may also include compensation for future medical care, ongoing therapy, and potential loss of future earnings if the injuries lead to long-term or permanent disability.

Question 2

What's the Difference Between Compensatory and Punitive Damages in a Personal Injury Claim?

Accepted Answer

Compensatory damages are intended to compensate the injured party for their direct losses, both economic (like medical bills and lost wages) and non-economic (such as pain and suffering).

Punitive damages are awarded in cases of egregious misconduct to punish the offender and deter similar future behavior.

Question 3

How are Pain and Suffering Calculated in Personal Injury Cases?

Accepted Answer

Pain and suffering are typically calculated using either the multiplier method, where actual damages are multiplied by a number between 1.5 and 5 based on the severity of the injury.

The per diem method is also used to calculate pain and suffering by assigning a daily value to the pain and multiplying it by the number of days the victim is affected.

Question 4

Can I Claim Personal Injury Damages if I was Partially at Fault for the Accident?

Accepted Answer

Yes, you can still claim damages if partially at fault, but the compensation may be reduced by a percentage equivalent to your share of fault.

This is based on the “comparative negligence” rule, which varies by state.

In Georgia, the rule of modified comparative negligence applies, which allows you to recover damages as long as you are less than 50% responsible for the accident.

If you are found to be 50% or more at fault, you are barred from receiving any compensation under Georgia law.

Question 5

What Should I Do to Receive a Fair Settlement for My Injuries?

Accepted Answer

To increase your chances of receiving fair compensation, you must promptly seek medical attention, document all expenses and impacts related to the injury, and consult a qualified personal injury lawyer who can represent your interests in negotiations or court proceedings.

A personal injury lawyer can assess the full extent of your damages, including those that might not be immediately apparent, and ensure that every element is accounted for in your personal injury claim.

Your legal team will also handle all negotiations with the opposing insurance company, using their expertise to counter lowball offers and advocate for a settlement that truly reflects the severity of your injuries and losses.

Question 6

How are Damages Calculated in a Wrongful Death Case?

Accepted Answer

Damages in a wrongful death case are calculated by considering a range of factors including the deceased’s earning potential, medical expenses incurred prior to death, funeral costs, and the non-economic impacts on surviving family members, such as loss of companionship and emotional distress.

Since every case is different, the method of calculation may vary depending on the individual circumstances of the case, such as the age and health of the deceased at the time of death and the degree of financial dependency of the survivors.

It is essential to contact a lawyer who can provide a detailed assessment based on the specifics of your case.

An experienced attorney will guide you through the legal process and ensure that all potential damages are thoroughly evaluated and claimed.

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How are Damages Calculated in Personal Injury Cases?

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How Are Future Medical Expenses Determined in Car Accident Claims?

What To Do After a Hit-and-Run Accident in Atlanta

What To Do If You Were Injured in a Car Accident as a Passenger

PTSD From Car Accidents: An Overlooked Outcome

Why Early Car Accident Injury Treatment Is Important

Suing an Uninsured Driver for Damages: What’s the Process?

How Much Can Someone Sue for After an Atlanta Car Crash?

Georgia Statute of Limitations Explained by a Car Accident Lawyer

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