People often ask us how damages are calculated after a car accident in Georgia. Compensation for injuries, referred to as ‘damages,’ come in two forms in personal injury cases: special damages and general damages.
Special damages are pretty easy to compute because they are typically an exact number. For example, medical bills incurred for medical treatment, lost wages, and prescription drug costs. These are the types of damages that generally come with a receipt or are easily verifiable.
General damages are provided for pain and suffering. In Georgia, there is no formula that the insurance company is allowed to use to compute pain and suffering.
Many times, particularly in soft tissue injuries, general damages are a function of the amount of special damages there are. For example, if the medical bills are $1000, then the at-fault driver’s insurance adjuster probably will not value general damages as a high amount. However, if the injured person has $100,000 in medical bills, then the pain and suffering may be calculated as being much higher.
Also, general damages may be a reflection of how the injury has affected the injured person’s day-to-day life, and the permanency of the injury. So for example, the loss of an arm or the loss of a leg is going to have a higher case value than a broken bone that heals without leaving permanent damage.
At the end of the day, what you need to remember that is that the compensation that one receives after a car accident will be the sum of the special damages and the general damages.
If you or a loved one have been injured in a car accident, and you’re not sure of what your case is worth, then please, feel free to call and speak to one of our experienced Atlanta car accident lawyers today. We can help evaluate your claim.