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Personal Injury Cases – Types Of Compensation Available

• Apr 9th, 2013


When you have been injured in an accident  (a car accident, slip or fall, etc,)  you are entitled to damages in the form of money by the person or company found to be legally responsible for the accident. In personal injury cases this person or company would be the defendant. 

The damages awarded in a personal injury case may have been negotiated in a settlement or ordered by a judge in a court of law. Most of these damages are classified as compensatory damages because their intention is to compensate the injured person such as yourself for the loss incurred as a result of the accident. As such, courts usually try as much as possible to compensate the injured person so that they can be “whole” again as much as possible, from a monetary standpoint.

Some compensatory damages are easy to quantify by the court such as being compensated for damages to property and for medical bills. Others are harder to quantify such as pain and suffering, how must the courts decide how much the injured person is entitled to for their pain and suffering caused by the accident or by their inability to enjoy things such as hobbies?


These Are The Common Types Of Compensatory Damages Awarded In Personal Injury Cases:


In personal injury cases the injured person may be entitled to lost wages due to the injury but also the loss of future earnings due to the impact of the accident if the injuries have permanently affected your ability to earn wages or the same wages.

Medical Expenses

Medical expenses related to personal injury cases are compensated by the negligent party. This compensation is for treatment already received as well as for the estimated cost of medical care needed in the future due to the injury.

Pain and Suffering,

Georgia courts award damages for the pain and serious discomfort caused by the accident in personal injury cases. This pain and suffering can be during the accident, immediately after the accident as well as the ongoing pain and suffering as a result of the injury.   Pain and suffering can include emotional distress that is the direct result of the negligent or wrongful act.  It is difficult to quantify the amount of compensatory damage for pain and suffering in personal injury cases.  No magic formula exists to determine the amount the insurance company should pay for your pain and suffering or the amount a jury should award.  An experienced lawyer will have a sense of what amount she be demanded to settle all aspects of the personal injury claim.

You should be compensated for the property damaged in the accident, such as your vehicle. The value is generally based on the fair market value and therefore its worth is assessed at the time of the accident.  A person could also recover for losses associated with the inability to use the damaged item.

Loss of Consortium

Loss of Consortium damages in personal injury cases relate to the negative impact of the injuries on the injured person’s relationship with their spouse, such as their inability to maintain a sexual relationship or the loss of companionship.   Even though Georgia juries usually assert this with the worst part of the “for better or worse” in a marriage, loss of consortium damages are awarded for serious injuries which resulted in a palpable and real damage to the innocent spouse.

If you or anyone you know has been injured in an accident in Georgia and wish to pursue a personal injury lawsuit, contact Sunne Law today at 404-240-0975. Our superhero lawyers have been representing the injured throughout the state of Georgia with aggressive advocacy and compassionate counseling for over twenty-four years.



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