In Georgia, there are generally no compensation limits for personal injury cases. In other states, damage caps limit the compensation victims can achieve through personal injury claims.
However, your compensation can be limited in Clayton, Georgia, only if you share the blame, fail to mitigate damages, or pursue a medical malpractice case where a damage cap exists. According to The Pendergrass Law Firm, PC, if you want to receive fair compensation for your personal injury in Georgia, you should work closely with a personal injury lawyer to explore your legal options, build your case, and prove negligence. Here is what you should know about personal injury claim limitations in Georgia.
Understanding Personal Injury Law in Georgia
In Georgia, there are no statutory limits on the compensation that can be awarded in a personal injury claim, which applies to economic and non-economic damages. Economic damages refer to tangible damages like property damage, medical expenses, injuries, or lost wages.
Non-economic damages are intangible damages such as pain and suffering, emotional distress, post-traumatic stress disorder (PTSD), loss of enjoyment of life, and others. In Georgia, there is a cap on punitive damages.
Punitive damages are a punishment incurred by the at-fault party for their egregious behavior. It is a way to deter others from engaging in similar conduct. Under Georgia law, punitive damages are often limited to $250,000 or three times the amount of compensatory damages awarded.
What Determines Compensation Amounts in Personal Injury Claims
The only way your compensation can be limited or affected in personal injury claims in Georgia is if you share fault for the accident or fail to mitigate damages. Since Georgia follows the modified comparative fault system, if you are 49% at fault for the accident, you will only receive 51% of the total compensation amount. However, if you are over 49% at fault for the accident, you will not receive compensation for your injuries and other damages.
Because of this, it is essential to have a lawyer on your side to prove negligence or fight any allegations that may limit your compensation. To ensure that you do your duty to mitigate damages, seek medical attention as soon as possible and alternative forms of employment if you can work while your case is pending.
To understand what determines compensation amounts in personal injury claims, you have to consider the following:
Nature and Extent of Injuries
The more severe your injuries are, the more likely you will receive a higher compensation amount for them. However, in your personal injury case, you must prove that your injuries were caused by the other party’s negligence or wrongdoing.
Everything related to your hospitalization, including the cost of treatment, surgery, rehabilitation, and other out-of-pocket expenses, will determine a part of the amount of compensation awarded. This is why it is crucial to receive medical aid as soon as possible after the accident occurs and document everything.
If your injuries prevent you from working, you should be compensated for your lost wages. Future lost wages can also be included in your compensation claim if the injuries are expected to result in long-term disability.
Compensation isn’t just awarded for physical injuries but also for trauma, including the physical pain you had to endure while recovering, emotional distress, psychological disorders, and other non-economic damages due to the accident. These types of damages are generally worth more than economic damages.
In some instances, the amount of insurance coverage can also be a factor in determining the amount of compensation awarded. For example, the at-fault party might have limited insurance coverage or none at all, which can limit your compensation. In such instances, your personal injury lawyer can help you understand what other legal options are left for you to receive compensation, such as whether there is more than one responsible party for your injuries.
Taking the Right Steps to Receive Fair Compensation For Your Injuries
If your personal injury claim is under scrutiny, you should immediately consult with a personal injury lawyer to understand your legal options. A personal injury lawyer can build a strong case and pursue fair compensation for the damages you have suffered.
They can help you gather evidence for your case and highlight your losses and the other party’s negligence. If your case goes to court, your personal injury lawyer can represent you and work with third-party experts to strengthen your case and pursue fair compensation for your damages.