Personal Injury 360

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. 

Insurance adjusters, your friends, and other parties might tell you that hiring a personal injury lawyer is not worth the time and money. They may argue you can do the same thing an injury lawyer can do and save money. However, that is not always the case.

Straightforward, minor personal injury cases that do not involve severe injuries or disputes about liability might not require hiring a personal injury lawyer. However, talking with an attorney before deciding to handle your injury case alone is worth your time.

You will waive your right to file a lawsuit or seek other compensation if you accept a settlement. Therefore, it is in your best interest to have legal counsel to ensure the settlement amount represents the full value of your injury claim.

Reasons Why Personal Injury Lawyers Are Worth Your Time and Money

Before you decide whether to handle your personal injury claim without an attorney, consider these five reasons why personal injury attorneys are worth the time and money:

Maximize Personal Injury Settlements

Damages in a personal injury case represent the financial losses, injuries, and other harm caused by another party. You must prove that you incurred the damages and how much the damages are worth.

The insurance company will not tell you the full value of your damages or if you ask for a settlement amount less than the damages are worth. The company will undervalue damages to avoid paying large claims.

Studies have shown that victims receive more money when they hire personal injury lawyers. Experienced attorneys understand how to value economic and non-economic damages. They know what damages you are entitled to and how to prove them in your case.

Proving Elements of a Personal Injury Claim

You have the burden of proving the legal elements required to establish liability. Liability is the legal responsibility for damages. Most personal injury claims are based on negligence, but your case could involve vicarious liability, intentional torts, product liability, or other grounds for an injury case.

A personal injury attorney understands the law. They know what you must prove and the evidence necessary to establish liability.

Even the Playing Field With the Insurance Company

The insurance company has unlimited resources to fight your claim. They have teams of insurance adjusters, lawyers, investigators, experts, and other professionals. Hiring a personal injury lawyer evens the playing field.

Your attorney has the skills and resources to investigate your claim. They can gather and preserve evidence. When necessary, lawyers hire experts to strengthen the evidence in a case. Without an attorney, you may not have the time or money to obtain evidence proving your case. You also may not understand the law that applies to your case.

Defend Against Allegations of Comparative Fault

Comparative fault is the legal theory that a victim should not receive damages if they are partially to blame for causing their injuries. State laws vary, but most states do not bar damages unless a victim is 50 or 51% to blame for their accident.

For example, Illinois’s modified comparative negligence law bars damages if you are 51% or more at fault for causing your injuries. If you are less than 51% to blame, the court will reduce your damages by your level of fault. Juries decide matters related to comparative negligence.

The insurance company may accuse you of contributory fault to avoid liability for the claim or reduce how much your claim is worth. Insurance adjusters are skillful and trained to talk to victims. If they can get you to say anything that could be construed as admitting fault, the company uses that against you.

Your attorney can handle all communication with the insurance company and defend you against allegations of fault.

Filing Litigation to Pursue Your Claim

When an insurance company denies your claim or refuses to negotiate a fair settlement, your only option may be to file a personal injury lawsuit. The statute of limitations restricts the time to file a lawsuit.

Most attorneys treat cases as if they are preparing for trial, even though most claims are settled. If settlement negotiations fail, you are ready to proceed with a lawsuit.

Do You Need to Hire a Personal Injury Lawyer?

You can learn about your legal options and determine your case’s best course of action during a free consultation with a lawyer. Get help with a personal injury case to protect your right to a fair and just settlement.