What Damages Do I Pursue?

As Atlanta, Georgia personal injury attorneys, many of our clients come to our office with questions about which damages to pursue. Chances are that if you have sought the advice of a competent Georgia personal injury attorney, he or she will be able to advise you of what you should list for damages. However, this guideline may be useful to you if you've been injured in a car crash, slip and fall, or other type of accident in the State of Georgia:

Medical Bills: In Georgia, you have the right to receive compensation for the full amount of your medical expenses that are related to the treatment of the injuries you sustained from the incident. In order to accomplish this, your lawyer must be able to prove that each and every service paid for was medically necessary for the treatment of the injuries caused by the incident in question. This can usually be accomplished by having a physician provide testimony that the injuries for which you were treated were caused by the incident with a reasonable degree of medical certainty. Personal injury lawyers usually prefer to use the testimony of the doctor who has been treating your injuries.

Lost Wages: You have the right to be compensated for any time missed from work because of the injuries that you sustained in the accident. This includes the hours that you may have to take off to visit the doctor or attend physical therapy, and the use of various time banks that you may have drawn from while you were recovering (i.e. sick time, vacation, et cetera).

Pain and Suffering: Unlike the qualitative categories of medical expenses and lost wages, pain and suffering is not easy to calculate. Unfortunately, there is no way to quantify pain in monetary terms. It will be up to a jury to decide what the pain and suffering that you've endured is worth. There is no exact formula for the jury to follow. However, a seasoned personal injury attorney can generally provide a range for different types of pain from prior experience and research of similar suits.

Punitive Damages: This type of damage is only available to specific types of personal injury cases. In Georgia, these are referred to as intentional tort cases: drunk driving accidents, battery cases, et cetera. If your personal injury was caused by the intentional act of another (as opposed to a negligent act), you may have the right to punitive damages. These damages are not to compensate you for your injuries; they are awarded to you as a punishment for the defendant. Punitive damage awards can be substantial.

If you have been accidentally or intentionally injured by another, you should seek competent legal counsel from a qualified Georgia personal injury attorney.