How Are Damages Established in a Tort Claim?

Free Consultation

A lawyer discusses damages with a client for a tort claim.A tort is a legal wrong in which a tort plaintiff is legally entitled to financial recovery for damages. A tort will consist of wrongful acts or injury that led to physical, emotional, or financial damage to a party for which another party can be held legally responsible. Torts may be either intentional or unintentional. Damages, as it relates to torts, refer to money owed for injuries sustained due to the negligent actions of the liable party. The present-day concept of a wrongdoer paying damages to an injured party has been continued through old English common law, the predecessor to our modern legal system. Three types of damages may be awarded in a tort claim: economic, non-economic, and punitive. Punitive damages may also be called exemplary damages and are designed to punish the defendant for their wrongdoing.

Have you sustained injuries due to another’s negligence? Contact Ali Awad, ‘the CEO Lawyer,’ and his team of experienced personal injury attorneys at the CEO Lawyer Personal Injury Law Firm by calling  (833) 254-2923 or contacting us online to receive your free and confidential case evaluation.

How Is Negligence Determined?

For a tort plaintiff to legally recover damages due to the negligence of another, the other person must be held liable. In other words, a plaintiff must prove that the responsible party owed a duty of care not to cause harm to another, breached this duty of care by way of their negligent behavior, their negligent behavior directly led to the injury of another, and that person incurred damages/harm that can be proven with evidence. When a party acts carelessly or fails to exercise reasonable care and causes injury to another, another the legal principle of negligence, the careless person will be legally liable for any resulting harm. Whether or not an individual behaved negligently will be based upon the reasonable person standard. The reasonable person standard is a legal standard used to determine whether or not a person acted negligently. Did the liable party’s actions fall below the care of a reasonable person’s actions in the same scenario? If so, then they are considered negligence.

How Does the Court Calculate Damages?

When a court awards damages, they seek to award compensation that is commensurate with the injury suffered. When calculating damages, courts will often look at medical expenses, lost income, expenses related to property damage, emotional suffering, and more. An experienced attorney can assist in accurately calculating your damages and arguing for intangible damages, such as mental anguish, to ensure that you are appropriately compensated for your injury-related damages. There is no specific formula to calculate damages. Damages are usually determined based on the expenses of the personal injury victim and compensation for the pain and emotional distress. Compensation is designed to make an injured party ‘whole again.’

How Is Settlement Value Calculated?

Your total settlement value will be the combined value of all of the damages you suffered and is based upon what a jury would award you for what you went through due to your injury. Therefore, this figure represents the sum of your pain and suffering, expenses, and lost wages.

What Damages Am I Entitled to?

The damages you may be entitled to will depend upon the circumstances surrounding your injuries and the severity of injuries. Damages may include the following:

  •   Current, past, and future medical expenses related to the accident
  •   Lost wages
  •   Loss of future earning capacity
  •   Property loss/damage
  •   Loss of consortium
  •   Pain and suffering
  •   Mental anguish
  •   Wrongful Death
  •   And more

Damages for Injuries to Personal Property

When it comes to damages to personal property, the measure of damages will reflect the difference between the market value before and after the accident. If the property is destroyed, the measure of damages will reflect the property’s fair market value. In some cases, the measure of damages may reflect the property’s repair cost. However, the repair cost cannot exceed the property’s fair market value.

Damages for Losses to Real Estate

When it comes to damages to real estate, the measure of damages will reflect the difference in the property’s fair market value before and after the injury. If the damage is temporary, the measure of damages will reflect the cost of repairing the property or the diminution in the property’s rental value. If the claim is a nuisance tort, the damages will depend on whether the nuisance is permanent or temporary.

Lost Earnings

The total value of lost earnings will be calculated with evidence to indicate the total amount of gross lost wages sustained by an injured party due to their injuries. It may include the future period over which wages will be lost or diminished due to injuries.

Loss of Consortium

Loss of consortium refers to a loss of services, societal relations, and sexual relations and may be available to children or spouses of the injured part for loss of parental or spousal services. Damages are calculated as the value of such parental or marital services.

Wrongful Death

If a party’s negligent actions lead to another’s wrongful death, the decedent’s immediate family may be eligible to receive compensation for lost income, funeral expenses, and more.

Punitive Damages

Punitive damages may be imposed on the liable party to punish unlawful conduct and deter its repetition. Punitive damages are reserved for acts that were either intentional, especially egregious, or wanton. Punitive damages will be relevant to the defendant’s financial condition.

Emotional Distress Damages

Emotional distress damages are awarded in certain circumstances in which sustained injuries lead to significant emotional distress. Emotional distress may be established by the examination of a mental health professional or by evidence of the effect the emotional distress has on the plaintiff’s health and earning capacity.

Georgia Personal Injury Attorney

If you have been injured due to another’s negligence, you will benefit from having an experienced attorney fight for your right to just compensation. Call Ali Awad, ‘the CEO Lawyer,’ and his experienced team of personal injury accident attorneys today to receive a free, no-obligation consultation. We can assist you with exploring your legal options and avenues to ensure that you receive the compensation you deserve following your accident for your damages. Contact the CEO Lawyer Personal Injury Law Firm by calling (833) 254-2923 or contacting us online. If we take your case, you won’t pay anything until we win.

Find Out What Your Case Is Worth Here

Tell Us More About Your Injury Below So That We Can Get You The Most Money

All Fields Required *

Step 1 of 7

How did you get hurt?

How did you get hurt?(Required)

Frequently Asked Questions

After a personal injury, you're bound to have legal questions. The CEO Lawyer Ali Awad can provide you with answers to these questions, just as he's given answers to his millions of curious social media followers. Take a look at some of the most common personal injury law questions for general information, and then reach out to one of our seasoned attorneys for specific guidance on your case!

Contact us now (833) 254-2923.

Help Negotiating with Insurance Carriers

To quickly resolve matters following an accident, insurance companies will offer you less than you deserve in compensation for your injuries. Many victims feel pressured to accept these offers as the bills begin to pile up, but that is rarely a good idea. The insurance company is looking to protect its bottom line; and will offer injured victims less than they deserve. An experienced personal injury attorney understands how to negotiate with the insurance company and can look out for your best interests by getting you the compensation you deserve after an injury. If you or a loved one has been injured in an accident, it is important to avoid negotiating or providing recorded statements to the insurance company without first seeking help from a qualified personal injury attorney.

Do You Have a Personal Injury Case?

The best way to determine if you have a personal injury case is to speak with a knowledgeable attorney. Our legal professionals have the expertise to evaluate your case and determine a strong legal strategy so that you can obtain the greatest amount of compensation possible under the law. We will enlist investigators, assistants, and other specialists to collect accident reports, speak with witnesses to your accident, and put together a plan. While you focus on your physical recovery, we will remain committed to fighting for the compensation that you deserve.

Georgia's Personal Injury & Accident Firm

Accident victims have a limited time to file a personal injury lawsuit. This time period is referred to as the statute of limitations, and in Atlanta, it lasts only two years. This means that if you or a loved one has been injured in an accident, you have only two years to pursue a personal injury suit. If you wait too long to reach out to an experienced attorney, you might be forever barred from seeking the compensation you deserve.

What to Expect From Your Initial Consultation With a Personal Injury Attorney?

During your initial consultation with CEO Lawyer team, we will go over the important details of your personal injury accident, which include the nature and extent of your injuries, how your injuries have impacted your ability to earn a paycheck, the cost of your medical treatment, and whether further medical treatment will be required. We will answer any questions you might have, as well, in regards to our experience, our track record of success, and what to expect from the legal process. Many personal injury victims wonder if they will be able to afford the legal fees required to pursue a lawsuit. CEO Lawyer injury and accident attorneys will not ask for any type of upfront fee unless we are successful in obtaining compensation for you. That means that if you have been harmed in a motor vehicle accident, slip and fall accident, defective product accident, or any other type of personal injury accident, you can absolutely afford to contact our law office today for assistance. In fact, you cannot afford to wait. Reach out today. We understand that some accident victims might have already obtained the assistance of an attorney but may be dissatisfied with the services provided. We are standing by and prepared to help you change legal representation, regardless of where you are in the process.

Speak to an Experienced Personal Injury Attorney Today

If you or a loved one has been injured in any type of personal injury accident, you should not hesitate to speak with the experienced attorneys at CEO Lawyer personal injury law firm. Call, email, or fill out our online contact form today so that we can begin helping you pursue the compensation you deserve.