Georgia negligence laws entitle a victim of negligence to be compensated for losses from an accident if they are found 49% or less at fault for the accident. The damages awarded to the plaintiff are meant to put him or her back into the position the plaintiff was in before the act of negligence.
There are 3 general types of compensation (or damages) awarded in a Georgia personal injury claim, including:
- Economic damages - dollar losses that are suffered from the date of the negligent act up to a specific time. These damages include medical bills, lost wages and other accident-related expenses that have a set monetary value, such as medical devices, rehabilitation, etc.
- Non-Economic damages - damages that are not calculated with a monetary value but are still considered to have value. An example is seeking compensation for the pain and suffering you sustained as the result of your accident injuries.
- Punitive damages - these are meant to punish the defendant and deter similar accidents from occurring in the future. These damages are only awarded if the defendant is found guilty of gross negligence and a disregard of human life. These types of damages are not awarded in most cases, but are considered on a case-by-case basis, especially if the accident was the result of a DUI, hit and run or other reckless behavior.
Recovering Damages in a Georgia Personal Injury Claim
If you are thinking about filing a Georgia personal injury claim, it's a good idea to speak with an experienced Atlanta personal injury lawyer who can help you determine if you have a valid claim and can help you assess the type of damages you should seek.
In order to recover damages, you as the plaintiff must prove that all of the elements of negligence were present and that the majority of fault lies with the other party. This is because Georgia's modified comparative negligence law that only allows those deemed 49% or less at fault for their accident to recover compensation.
Contacting an Atlanta Personal Injury Lawyer
If you are the victim of someone else's negligence or carelessness, whether in a traffic accident or some other type of accident, you have certain rights guaranteed by law. To help you understand these rights and seek the compensation you may be eligible for to help get your life back in order, contact the Atlanta Law Offices of Sheryl L. Burke for a no-cost consultation on your injury case - 404-842-7838.