November 14, 2023
Calculating Damages in Car Accident Cases in Atlanta
Car accidents often have disastrous consequences, causing victims physical injuries, emotional trauma, and even draining them financially. If you were involved in a car accident in Atlanta, you must understand how the court assesses damages to ensure you receive fair compensation for your losses.
Let’s explore the factors considered when calculating damages in car accident cases.
From medical expenses to damaged property, lost wages, and emotional suffering, we’ll delve into the intricacies of assessing the full extent of your losses.
Types of Damages in Car Accident Cases
When seeking compensation for car accident injuries, the court can assign different types of damages to the victims.
a) Economic Damages: These damages cover quantifiable financial losses due to the car accident. They include medical expenses, property damage, lost wages, and future medical costs or lost earning capacity.
b) Non-Economic Damages: Non-economic damages compensate for subjective losses like pain and suffering, emotional damages, and loss of consortium (impacted relationships).
c) Punitive Damages: Punitive damages punish the at-fault party and discourage similar actions by other drivers.
Evaluating Medical Expenses
One of the primary components of economic damage is medical expenses. Calculating these expenses involves considering various factors.
a) Emergency Medical Treatment: The cost of immediate medical care received at the accident scene or in the emergency room is factored into the damages.
b) Hospitalization and Surgeries: If the accident necessitated hospitalization or surgical procedures, the expenses incurred, including room charges, surgical fees, medications, and medical supplies, are considered.
c) Rehabilitation and Therapy: The cost of ongoing rehabilitation, physical therapy, chiropractic care, and other treatments required for recovery influence the compensation.
d) Future Medical Costs: If the accident resulted in long-term or permanent injuries requiring ongoing medical care, the anticipated ongoing medical expenses are estimated and included in the damages calculation.
Quantifying Lost Wages and Earning Capacity
When injuries from an accident result in missed work or diminished earning capacity, the court may consider the following factors.
a) Lost Wages: The income lost due to time away from work, including wages, bonuses, and other employment benefits, is calculated.
b) Future Lost Earning Capacity: If the injuries sustained in the accident result in a reduced ability to earn income in the future, this potential loss is estimated and factored into the damages.
Non-economic damages are challenging to quantify but are an essential component of damages. Factors considered include:
a) Severity of Injuries: The extent and severity of physical injuries and resulting pain.
b) Emotional Distress: Psychological trauma, anxiety, depression, and other emotional distress stemming from the accident are taken into account.
c) Impact on Personal Life: The extent to which the injuries have affected the victim’s ability to enjoy daily activities, hobbies, and relationships.
Contributory Negligence and Comparative Fault
In car accident cases, you must understand how contributory negligence and comparative fault can impact damages. Georgia follows a modified fault rule, meaning that if you are found partially contributing to the accident, you will receive reduced compensation depending on the degree of fault.
Don’t let the financial burdens of a car accident add to your physical and emotional stress. Seek the professional legal guidance of an Atlanta car accident lawyer and take the necessary steps for the protection of your rights and to ensure you receive a fair settlement.
Contact Bey & Associates if you need help calculating damages and seeking fair compensation. Our experienced Atlanta car accident lawyer will provide you with the guidance and support you need during this challenging time. Let us fight for your rights and help you recover the damages from the guilty driver.