How Are Damages Established in 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.