What Damages Can I Pursue?

Damages In Personal Injury Cases

As an Atlanta personal injury lawyer handling cases in Cumming and Alpharetta and throughout metro-Atlanta and North Georgia, one of the most important things my clients need to have a good understanding of before deciding whether to file suit in their personal injury case is what damages are available to them.  One of the worse things that can happen in a personal injury case is to not understand what you have a right to pursue.

This can lead to problems trying to resolve the matter before trial.  Below is a breakdown of the various damages that can be sought in personal injury cases in Georgia.

Special Damages:  These are damages sustained as a result of the injuries directly caused by the negligence of another.  There are two main areas of special damages in personal injury cases: 

1. Medical Bills:   In Georgia, you have the right to be compensated for the full amount of your medical expenses that are related to treatment for the injuries you sustained in the incident in question.  In order to recover your medical expenses, your lawyer must be able to prove that each service paid for was medically necessary and was for the treatment of an injury caused by the incident in question.  This is proved by a testifying physician (preferably your treating physician) that opines that the injuries you were treated for were, in his opinion, caused by the incident within a reasonable degree of medical certainty.
2. Lost Wages:  In Georgia, you have the right to be compensated for any time missed from work because of your injuries.  This includes hours missed to go to the doctor and the use of sick time or vacation time to recover.  If you cannot work at all, you have the right to be compensated for lost earning capacity. 

Pain and Suffering: While your special damages can be calculated with the use of documentation and supporting evidence rather easily, pain and suffering is much more difficult to calculate.  Truth-be-told, there is no way to "calculate" pain and suffering.  It is up to the jury to determine what you experienced because of your injuries is worth.  Every personal injury case is different because the injuries are not the exact same, our bodies are different, our reaction to an injury is different and what pain and suffering we experienced will be different.  However, seasoned personal injury lawyers can generally give you a range of what your pain and suffering is likely worth to a jury.

Punitive Damages:  This item of damage is only available to very specific types of personal injury cases;  what are called intentional tort cases such as drunk driving accidents and assault and battery cases.  If your personal injury case involves the intentional act of another then you may have the right to punitive damages.  Punitive damages are damages to punish the defendant.  While it is awarded to you, it is not to compensate you for your injuries.  Punitive damages awards can be much larger than award for you special damages and pain and suffering.

Georgia injury lawyers in Atlanta, Cumming, and Alpharetta, Georgia – Boling Rice, LLC. Full service personal injury law firm in Atlanta, Georgia specializing in auto accidents, tractor-trailer accidents, wrongful death, and other injury related matters. Contact Us Today!