If someone else’s negligence caused the accident, a car accident can cause minimal damages – or hundreds of thousands in expenses in a matter of seconds. In many cases, the injuries suffered during a collision aren’t immediately apparent because they don’t occur until days, weeks, or even months later.
Because accidents vary greatly in severity and the extent of their impact, it’s no wonder that the amount of compensation a person receives depends upon the type of damage incurred. This includes everything from medical treatment bills to lost wages and property damage.
In addition to compensating individuals for physical injuries, courts often award financial compensation to people whose lives have been disrupted by the loss of loved ones or emotional trauma. Damages can include funeral costs, pain and suffering, mental anguish, and more.
As part of the process of determining what damages are appropriate, judges take into account factors like fault, age, gender, driving history, and more. These issues are considered when calculating the total value of each claim.
If you’ve been injured due to another driver’s negligent behavior, contact us today to learn more about your legal options.
Types of damages in Georgia car accident cases
Georgia law recognizes two types of personal injury damages: economic damages and non–economic damages. Economic damages include medical care expenses, lost wages, pain and suffering, and emotional distress. Non-economic damages include loss of consortium, punitive damages, and mental anguish.
It is only appropriate to exchange your contact information and insurance information with the other driver after a rear-end collision.
Economic damages
The term “economic damages” refers to money awarded to compensate you for losses such as medical bills, lost wages, pain, and suffering, etc. This type of award is typically determined based on how much it costs to treat your injuries and/or replace your lost earnings. Economic damages are usually awarded to victims of personal injury accidents in addition to non-economic damages, such as emotional distress, pain, and suffering, mental anguish, etc.
Non-economic damages
The concept of non-economic damages is relatively straightforward. These are the types of losses that cannot be quantified in terms of money. They include things like pain and suffering, emotional damage, inconvenience, loss of enjoyment of life, and loss of consortium. In most cases, you can calculate these kinds of losses fairly easily. However, it gets tricky when it comes to assessing the amount of compensation owed to victims of disasters. The problem is that there are no hard numbers to go off of.
Punitive and exemplary damages
While most people think of punitive damages as being awarded in cases where someone has been injured due to another person’s negligence or wrongdoing, there are actually several different types of punitive damages that can be awarded. One type of punitive damage is called “punitive damages.” This type of damages is typically awarded when the plaintiff proves that the defendant acted with malice or gross negligence.
Another type of punitive damages is known as “exemplary damages.” Exemplary damages are meant to serve as punishment to the defendant. They are usually awarded when the plaintiff proves intentional misconduct or fraud. The third type of punitive damages is called “punishment damages.” These types of damages are used to deter similar future acts. In many states, punitive damages cannot exceed twice the amount of compensatory damages.
Georgia caps on car accident damages
The state of Georgia imposes limits on the amount of money those car accident victims may collect in a personal injury lawsuit. In particular, the state caps punitive damages at $125,000, and 75% of those damages must go to the state treasury. This applies to both general and punitive damages.
However, there are certain exemptions to these caps in Georgia including product liability cases, cases where a defendant intends to hurt someone, and drunk driving incidents. General and punitive damages remain incapable in Georgia.
Georgia car accident damages and settlements FAQs
How are car accident settlements calculated?
Insurance companies often use a settlement calculator (or settlement formula) to determine how much money you might receive from an auto accident case. This tool uses information like the total costs associated with your injury, the amount of coverage available, and your degree of fault to calculate the maximum compensation you could potentially receive. However, there are several variables that influence the final settlement figure, including whether you have health insurance, what type of vehicle you were driving, and your age.
The settlement calculator works by multiplying your medical expenses by a number based on your body part injured. For example, neck and back injuries are assigned a value of $1.50 to $3.00 per day. If you have one broken arm, you’re awarded half that amount ($0.75). A leg injury is worth $2.00 per day, while a head injury is worth $4.00 per day. In addition, the calculator takes into account the average cost of hospitalization for each injury.
If you’ve been involved in an accident where someone else caused it, the calculator assigns a percentage of fault to that person. Fault percentages range from 0% to 100%, depending on who is responsible for the crash. An 80/20 split is considered 50% fault, whereas a 20/80 split is considered 90% fault.
You can find out how much you might make from an accident by entering your personal data into the calculator. You can enter up to three different accidents, and the calculator will give you an estimate of your potential payout.
What is the average pain and suffering payout from insurance companies?
The average payout for pain and suffering injuries in auto accidents ranges from $15,000-$200,000. This depends on the severity of the injury and whether it requires surgery. Some people are able to return to work within three months while others require several months of recovery. Insurance companies use actuarial tables to determine how much money they will pay out in settlements. These tables take into account factors such as age, gender, occupation, health status, and lifestyle habits.
Insurance companies typically offer up to $100,000 per person for pain and suffering damages. However, some states cap the amount of compensation you can receive to $50,000 per person. You must prove that the accident caused permanent damage to your body or mind to qualify for additional compensation beyond the initial settlement.
What is the payment process for an average car accident settlement?
If you agree to settle a case involving a serious auto accident without filing a personal injury lawsuit, there are several different ways to pay out the money. Some people prefer a lump sum payout while others choose to take a structured settlement where payments will be distributed over time.
Which settlement structure is best for your particular situation depends on many factors including what type of injuries you sustained, the extent of those injuries, the severity of the crash, and your current financial status.
You may want to consult with a lawyer about how much you could potentially recover under state law because it varies widely depending on the facts of each case.
Once you decide on a settlement amount, however, you cannot change your mind later on. You must accept whatever arrangement your insurance carrier offers.
What is the percentage of a car accident settlement that lawyers take?
The average cost of hiring a personal injury lawyer varies widely depending on where you live, how serious the injuries are, and whether or not it goes to court. If you win a lawsuit against someone else responsible for causing your injuries, you could receive compensation for medical bills, lost wages, pain, and suffering, and more. However, even if you don’t sue, your lawyer still gets paid out of your settlement or award.
In some cases, attorneys charge 25% of the total amount you’re awarded. This fee covers everything from filing fees to depositions, expert witness costs, and anything else related to your case.
If you settle without going to court, your attorney takes about 30% of the settlement. Like the percentage you pay in court, the exact figure depends on the type of case, location, and other factors. For example, if you’re injured in a motorcycle accident, you’ll probably owe less than someone hurt in a truck accident.
Your attorney’s hourly rate usually ranges anywhere from $150-$300 per hour. You can find out how much your lawyer charges by asking around.
Should the case be settled out of court or tried in court?
The decision of whether to accept or reject a settlement offer is one of the most important decisions you make in a case. If you choose to accept a settlement offer, there are some things you should consider.
There are pros and cons to both paths. To help you decide which route is best for you, we’ve put together a list of questions to ask yourself about each option.
- What are the benefits of settling versus litigating?
- How likely is it that I will win my case?
- Is the amount offered fair?
- Will I lose money if I take the case to court?
- Does the defendant have insurance coverage?
What is a fair settlement offer?
The average auto accident claim settles out of court for about $10,000. But how do you know if that amount is fair? If you’re considering accepting the first settlement offer you receive, here are some things to keep in mind:
Insurance companies often use a tactic called “lowballing,” where they make an initial settlement offer well below what a claimant deserves. They hope that they’ll settle before the claimant realizes just how much his or her injuries really cost him or her.
If you accept the first settlement offer you’re offered, you could be setting yourself up for serious financial trouble down the road. You may end up paying thousands of dollars more over the course of the lawsuit than you expected. And if you don’t think you deserve more money, why would anyone else?
You should always consult a personal injury lawyer before making a decision like this. Your lawyer knows the law inside and out, and he or she can advise you whether accepting the first settlement offer is likely to lead to a better outcome later.
Conclusion
In conclusion, if you were injured in a car accident caused by someone else’s negligence, you may have a case against the person responsible. However, even though you may receive compensation from their insurance company, you may still owe money to medical providers, property damage repair companies, and others. The severity of the injury and whether it is permanent play a major role in determining the settlement value of a personal injury claim in Georgia. This guide will explain how much you could potentially receive after a settlement has been reached.
