Previously, Georgia held legal statutes restricting the amount of money a personal injury plaintiff could receive. These financial limits are known as damage caps. Damage caps are still the hot topic of Georgia political candidates, who often declare they will either abolish damage caps or institute more tort reform. In 2010, damage caps were ruled unconstitutional by the Supreme Court. Yet, there are still some limits in place on what a personal injury victim may recover.
Have you or a loved one been injured due to the negligence of another? Contact Ali Awad, ‘The CEO Lawyer,’ and his team of experienced personal injury attorneys at the CEO Lawyer Personal Injury Law Firm by calling (470) 323-8779 or contacting us online to receive your free and confidential case evaluation.
Types of Personal Injury Damages
Damages, as it relates to personal injury, refer to money owed for injuries sustained due to the negligent actions of the liable party. It is essential that personal injury victims keep track of their damages. There are three main categories a personal injury victim may be entitled to in Georgia, economic damages, non-economic damage, and punitive damages.
Economic Damages
Economic damages account for all financial losses which can be objectively verified, such as:
Lost Income
Lost wages can be calculated and verified through the injured party’s employer. In addition, check stubs and tax stubs can provide evidence of how much an injured party would have earned in the event they were not injured. Lost benefits, such as vacation time or PTO (paid time off), can fall into this category.
Medical Expenses
Medical expenses can be verified through invoices. Copays for prescriptions and other medical assistance devices would also qualify for this category. Mileage to and from medical appointments may also be reimbursed.
Property Damage
Expenses spent to repair property or the cost of replacement fall into this category.
Lost Earning Capacity
If your injuries are so severe that you are unable to return to work or if you have to take on lighter duties due to your injuries, the earnings you would have earned during your lifetime if you were not injured can be calculated.
Non-Economic Damages
Non-economic damages are subjective, non-tangible damages that are more difficult to quantify as they don’t have a set dollar amount. Non-economic damages may include:
- Emotional distress
- Inconvenience
- Stress and anxiety
- Loss of companionship
- Loss of consortium
Pain and Suffering
As pain and suffering are difficult to put a monetary value on, it often relies on a jury’s consensus regarding what these damages should equate to monetarily. Results can vary widely from one jury to another. This is why hiring an experienced personal injury attorney is best to ensure you receive the just compensation you deserve for your pain and suffering.
Punitive Damages
Punitive damages are reserved only for certain cases where these are meant to punish a defendant for their wrongdoing and deter future conduct. In Georgia, there is a limitation of $250,000 in punitive damages that can be awarded, and 75% of this award will be paid into the state treasury system.
Are There Damage Caps in Georgia?
Medical Malpractice and Personal Injury
In 2010, pain and suffering caps in Georgia in medical malpractice cases were abolished after being enacted by statute in 2005. Currently, there are no damage caps on judgments or personal injury settlements in Georgia. However, there is an exception when it comes to punitive damage. Punitive damages may not exceed $250,000 unless the case involves an intentional tort, such as when a defendant acts with malice or when the case involves product liability. Finally, this damage cap does not apply in cases where the defendant was influenced by alcohol or drugs.
Wrongful Death Cases
Close family members of parties who have been killed due to the negligence of another party may seek compensation for the total value of the decedent’s life, as shown by the evidence. This may include pain and suffering, medical expenses, funeral costs, and more. However, many intangible elements are involved in calculating the value of a descendant’s life. It is quite challenging to place a financial figure on the loss of a loved one. A jury will determine the non-economic monetary value of a wrongful death claim. Past juries have reached up to 30 million dollar settlements for wrongful death. There is no damage cap for wrongful death claims.
Cases Against the Government
There are caps on cases against the government or a government employee in the state of Georgia. Damages may not exceed $1 million per occurrence or 3 million total.
What’s Wrong with Damage Caps?
Liability reform is typically the legislative priority of insurance companies and medical organizations. This is due to the fact that they are often the liable parties who are paying out most of the awards to injured parties. Insurance companies make their profits when individuals pay premiums and they pay as little as possible out in settlements and verdicts. If insurance companies and medical organizations can convince state legislatures to limit damages in personal injury cases, they increase their profits. However, this is bad for injury victims. If an organization’s liability is limited, there will be less of an incentive to prevent and reduce accidents. For some organizations, allowing some individuals to be harmed or killed and then pay a settlement has been cheaper and easier than correcting a safety issue. This type of thinking should be discouraged.
Modified Comparative Negligence in Georgia
Even though three are no damage caps in Georgia, the theory of modified comparative negligence may affect any award you may be entitled to receive. Modified comparative negligence applied when you contributed partially to your accident. The jury will assign a percentage of fault to each part. If your fault is 49% or less, you will not be held responsible for your accident.
Georgia Personal Injury Attorney
An experienced personal injury attorney can assist you, no matter your case type. Learn more about what an attorney can do for you by calling 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. Contact the CEO Lawyer Personal Injury Law Firm by calling (470) 323-8779 or contacting us online. If we take your case, you won’t pay anything until we win.
