Understanding Damage Caps to Personal Injury Claims

Damage Caps in Georgia

The state of Georgia does not utilize damage caps on Economic and Non-Economic Damages.

There are three main categories of damages in Georgia.

Economic Damages

Economic damages can be objectively verified, such as monetary losses. Some common examples of economic damages in a Personal Injury Case include:

1. Medical Expenses: Any medical-related expenses that accumulated as a result of the accident can be presented in the demand for compensation.
2. Lost Wages: The amount of money lost due to time missed at work because of the injuries that were sustained can be easily verified through the employer, check stubs, and tax records.
3. Property Damage: This may include any repairs or replacements needed to a car or motorcycle after the accident.
4. Lost Benefits: The cost of lost vacation time or paid time off can be requested through employment records.
5. Lost Earning Capacity: If the injuries sustained by the victim were so severe that they were not able to return to work, or they had to take a different position at work, they may be able to receive compensation for the amount they would have earned had the accident never occurred.

Non-Economic Damages 

As opposed to economic damages which are quantifiable, non-economic damages are subjective and therefore they tend to be a bit more difficult to quantify. There is no set amount that can be awarded, and they are usually decided by juries, judges, or insurance adjusters based upon the details of the accident.

Some examples of non-economic damages include:

1. Pain and Suffering
2. Emotional Distress
3. Inconvenience
4. Stress and Anxiety
5. Loss of Companionship
6. Loss of Consortium

Assigning a monetary value to something like “loss of companionship” can be a very difficult task. Of course for the victim, there may be no amount that is going to make up for these types of losses.

Hiring an experienced Personal Injury Attorney to make sure you’re being offered an appropriate amount for non-economic damages is your best chance at ensuring you’re not taken advantage of during this difficult time.

Related Post: What is the discovery phase of a personal injury lawsuit?

Punitive Damages 

Punitive Damages are not awarded in every personal injury case. There are specific circumstances that these types of damages are awarded, such as a drunk driving accident case.

Punitive damages are meant to deter the person who is at-fault from future similar conduct, in other words, they are mean as a punishment. When a personal injury accident occurs because someone’s willful misconduct, like driving a vehicle while intoxicated, a judge may want to set an example by awarding the victim punitive damages.

Georgia Code § 51-12-5.1(g) limits punitive damage awards in tort actions to a maximum of $250,000.