When a Georgia resident gets into a car accident or slips and falls, they can file a personal injury lawsuit against the liable party.
If their suit succeeds, they can receive compensation that the Georgia legal system sorts into two categories:
Non-economic damages:
When someone gets hurt because of another person’s actions, they can ask for money to make up for things that are hard to put a price on. These are called non-economic damages. They include:
- Pain and suffering
- Loss of enjoyment of life
- Emotional distress
- Loss of companionship
Judges and juries must consider how much the injury has affected the person’s life to decide on a fair amount.
Economic damages:
Alternatively, economic damages are easier to understand. They cover the money a person loses or has to spend because of their injury. These damages include:
- Medical bills
- Lost wages
- Property damage
- Future expenses
Both types of damages are important for helping to make things right for an injured party, but they work differently to cover different kinds of losses.
Common Types of Non-Economic Damages in Georgia
When people in Georgia get hurt because of someone else’s actions, they can ask for non-economic damages. Here is more information on some common types:
- Pain and suffering: Compensates for how the injury affects your daily life. For example, you might not be able to do chores around the house anymore, playing with your kids might be difficult or impossible, or you might be in constant physical pain.
- Mental anguish: Sometimes, getting hurt can affect your emotions and mental health. This could include feeling embarrassed about your injuries or scars, having nightmares or flashbacks about the accident, or developing anxiety or depression because of what happened.
- Loss of enjoyment of life: If your injury stops you from doing things you love, you can ask for money to make up for it.
- Inconvenience: Getting hurt often means spending a lot of time dealing with the aftermath. This might involve making lots of phone calls to insurance companies or doctors, spending time in waiting rooms for appointments, or having to arrange transportation if you can’t drive.
- Loss of Consortium: Encompasses how an injury affects your relationships, especially with your spouse or partner. It can include changes in physical or emotional intimacy.
It’s often helpful to work with a lawyer who knows the laws in Georgia to help you understand what you can claim. Contact our office today to learn more about what types of non-economic damages you might be entitled to.
How Georgia Courts Decide How Much Money Injured People Should Get
When someone gets hurt in Georgia and asks for non-economic damages, there’s no simple formula to figure out how much they should receive. Each case is different, and the amount can vary a lot. Courts and insurance companies might look at the following:
- How bad the injury is
- The person’s age
- How the injury impacts daily life
- Medical evidence
- The person’s life before the injury
- How the injury happened
- The injured person’s character
Unlike medical bills or lost wages, you can’t just add up receipts to figure out non-economic damages. Pain or emotional suffering does not have a clear price tag, making it tricky to guess how much someone might get.
Does Georgia Cap Non-Economic Compensation?
The state of Georgia does not have any non-economic damage caps. As determined by the court, people who suffer injuries in accidents in Kennesaw can recover as much compensation as necessary to make them whole again.
How Do I Know If I Can Get Non-Economic Damages?
If you’ve been hurt because someone else wasn’t careful or did something reckless, you might be able to get non-economic damages. This means money for things like pain and suffering, not just for medical bills. To win your case and get non-economic damages, you need to show four main things:
- The other person had a responsibility to be careful around you
- They didn’t fulfill that responsibility
- Their failure to be responsible caused your injury
- You’re suffering in ways that aren’t just monetary
Proving non-economic damages can be tricky because you’re talking about feelings and experiences, not just bills and numbers. That’s why it’s often a good idea to talk to a lawyer with experience in these kinds of cases.
When is the Deadline for Claiming Non-Economic Damages in Georgia?
The statute of limitations in Georgia is two years to file a lawsuit for personal injury cases. This 2-year countdown typically starts on the day of the accident. If you wait too long and miss this deadline, you might lose your chance to get any money for your pain and suffering, so it’s always best to check with a lawyer about your specific situation as soon as possible.
We Can Help You Get Non-Economic Damages After an Accident in Kennesaw, GA
If you’ve been hurt in an accident, like a truck or bicycle crash, and want to get money for your pain and suffering, talking to a lawyer who knows Georgia law is a good idea. Here’s what we can do for you:
- Figure out how much your case is worth
- Investigate your accident
- Talk to insurance companies for you
- Try to settle your case
- Go to court if needed
The sooner you talk to someone, the better prepared you’ll be to make decisions about your case.
Starks Byron, P.C., can help you fight to be compensated for non-economic losses after an accident in Georgia. Contact our offices or call us as soon as possible at (404) 795 5115 to arrange a free initial consultation with one of our Kennesaw personal injury attorneys. Our team has years of experience in the industry and is ready to stand up for you.
