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Marrietta, Georgia Car Accident Attorney - Damages Recoverable

Damages arising from a car accident can vary in nature and amount. Damages resulting from car accidents can be divided into economic damages and non-economic damages. Typically, non-economic damages are harder to quantify and therefore may be more difficult to obtain.

Marietta car accident attorneys point out that in Georgia, generally a person who wholly is responsible for the car accident will not be able to recover for their damages. However, if the accident was due to a defective mechanism in the automobile, the individual may be able to recover their damages from the automobile manufacturer.

Economic damages

Economic damages attempt to put the person back to where they were financially before the accident. In Georgia, there are several types of economic damages that a person can recover for after a car accident. An experienced Marietta car accident lawyer will assist a victim in determining their economic damages and ensuring that the victim is compensated for them.

Medical expenses

Medical expenses include all of the costs incurred by the victim in seeking treatment for their injuries. This can include the cost of surgery, hospital stays, doctor’s fees, and medication. This can also include the cost of physical therapy, assistive devices like crutches, and modifications like building a wheelchair ramp in the victim’s home.

Future medical expenses and care

If a car accident victim can prove that they will need continuous medical care because of their injuries, the cost of that future medical care is recoverable. Generally, the cost of this future medical care is based on the treating physicians’ opinion of what kind of care will be required and the length of time that the victim will require it.

Lost wages

Lost wages refers to the wages that a victim would have earned had he or she not been injured in a car accident. These wages are calculated from the time of the accident to the time of the judgment. An unemployed victim could still recover lost wages if the individual can offer proof of how much they would have earned during that time.

Loss of earning capacity

Loss of earning capacity can be recovered by a victim can show that their ability to earn, or to earn at a certain level has been impaired by the accident. To determine future wages, a jury must consider what the victim would have earned in the future had the accident not occurred. Proof of past earnings will be submitted for the jury to consider, but the emphasis will be placed on the future and the impairment caused by the accident.

Non-Economic Damages

Non-Economic damages, by their nature, are difficult to quantify. It is impossible to set a value on physical pain or mental anguish. However, in some cases, these damages are recoverable with the help of a Marietta car accident attorney.

Pain and suffering

Pain and suffering damages refer to physical pain felt by the victim after the accident. Among the factors the jury will consider are the nature of the injury, the degree of pain, and how long it is expected to last.

Pain and suffering also refers to the mental anguish that a person may feel as a result of the accident. This includes shock, worry, anxiety, nervousness, fright, depression, embarrassment, or grief that was caused by the accident.

Loss of consortium

If the victim of the car accident is married, their spouse may also be able to recover on a theory of loss of consortium. This claim will only be successful if the injured spouse’s claim is successful. Loss of consortium describes the negative effect the accident has had on the relationship, including assistance, comfort, sexual relations, and companionship. To determine the amount of damages for loss of consortium, a jury will consider the age of the partners, the stability of the marriage, the degree to which the benefits were lost, and whether the loss is permanent or temporary.

Punitive damages

Georgia law allows punitive damages to be awarded in cases where the driver was intoxicated or showed a reckless indifference for the safety of others. Generally, punitive damages are capped at $250,000 unless the driver acted with a specific intent to harm another person.  If you are a loved one are injured in a car accident in which you feel punitive damages are warranted, then you should call a qualified Marietta car accident attorney as soon as possible as these are often the most difficult type of damages to recover.

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