Factors That Affect the Value of Personal Injury Settlement in Georgia

Personal injury claims in Georgia operate similarly to those in other states, with some state-specific distinctions, like rules around punitive damages. While your lawyer may not be able to provide an exact value for your claim, the following is a general overview of the key factors that can influence its worth.

The Severity of Your Injuries

It shouldn’t come as a surprise to you that the more serious your injuries are, the greater the value your claim is likely to be. The initial severity of your injuries is not the only measure of severity, however. Additional considerations are:

• How long it will take you to recover
• Lost wages 
• Reduced earning capacity 

If your injuries force you to retire or accept a permanent reduction in income, your age will matter. For example, a 25-year-old has 45 years of lost income until retirement, while a 60-year-old has only five.

Property Damage

The value of the property you lost or that was damaged in an accident can significantly impact your claim. For instance, if you were in a car accident, the difference between driving an older car versus a luxury vehicle, like a new Maserati, is substantial. Replacing or repairing a high-end car will generally result in a higher property damage claim due to its greater value. Additionally, the extent of the damage matters—minor cosmetic damage won’t carry the same weight as severe structural damage that renders the vehicle undrivable. Insurance companies will assess these factors when calculating the property damage portion of your claim.

The Strength of Your Evidence

The strength of your evidence is crucial, as it influences the opposing party’s assessment of your chances of winning in court. For instance, medical records are highly credible and can effectively demonstrate the extent of your injuries. However, they may not be sufficient to establish liability on their own.

You need to know that, in all likelihood, the best way for you to gather evidence is to file a lawsuit and then use the pretrial discovery process to demand evidence that is in the defendant’s possession. You can interview all of their witnesses under oath, submit written questions, copy documents, and examine physical evidence. They can do the same for you. If you’ve got the truth on your side, evidence gathering should be a net gain for you.  

Each Side’s Negotiating Skills

While negotiating skills technically shouldn’t influence who’s right or wrong, they often play a significant role in the outcome. The best way to strengthen your side’s position is to hire an experienced personal injury lawyer to handle negotiations on your behalf. Rest assured, your lawyer cannot finalize any settlement without your approval.

Pain and Suffering and Emotional Distress

When most people think of “damages,” they think first of medical bills and second of lost earnings. There’s a lot more to damages than that, however. Medical bills and lost earnings are two elements of economic damages. Non-economic damages, by contrast, include items like emotional distress, (physical) pain and suffering, etc. In a typical personal injury case, non-economic damages often amount to two to five times the amount of economic damages.

The intangible nature of non-economic damages makes them difficult to prove. One way you can get a start proving them is to keep a “pain journal” where you document your suffering on a day-to-day basis. You probably won’t be able to use this journal as evidence in court, but it will keep your memories fresh so that you can testify with confidence about your non-economic damages. 

Comparative Fault

How much of the accident was due to your own fault? For instance, did you slip and fall on a wet surface while intoxicated? Under Georgia’s comparative fault law, you wouldn’t qualify for any damages if you were 50% or more responsible for the accident. However, if you were less than 50% at fault, your damages will be reduced by that same percentage. So, if you were 30% at fault, your compensation would be reduced by 30%.

Insurance Policy Limits

If you’re depending on an insurance company to cover your damages, you’ll be limited by the policy’s coverage amount. Regardless of your claim’s value, the insurance company won’t pay more than the policy limits specified in the relevant insurance contract.

Many Factors May Affect Your Claim

There are many individual factors that may affect the value of your personal injury claim and how much you might ultimately pocket after settlement, such as the severity of your injuries, the strength of your evidence, whether or not you are at fault, and more. Contact an attorney if you have any questions about what your claim might be worth.