How is the amount of damages determined in an injury case?

Attorney Richard Armond of The Armond Firm, LLC, is licensed to practice law in the State of Georgia. Based in Gwinnett County, he handles serious injury and wrongful death cases throughout metro Atlanta and the State of Georgia. Call him for a free consultation at (678) 661-9585.

The types of damages in tort cases under Georgia law are defined in Title 51, Chapter 12 of the Official Code of Georgia Annotated. The purpose of this post is not to explain the legal differences in types of damages, but to give a basic understanding of what forms the basis for the amount of a claim. This post also assumes the other party can be proven to be at fault and that the other party’s action or inaction is the cause of injury.

An example of one factor in determining the amount of damages when negotiating with an insurance company is the dollar amount of medical bills in which there is actual documented proof of the amount of care given by treatment providers. The medical bills are only one factor in the overall equation. Depending on the extent of the injury, actual provable lost income from missing work (one example: someone self-employed who was incapacitated for a provable period of time when she would have been working), lost earning capacity (one example: a person who works with his hands has a permanent injury to a hand and cannot work in the same line of work as before), pain and suffering, disfigurement, property damage, disability resulting from the injury, etc. Sometimes long-term medical care will be needed to maintain one’s quality of life and has to be proven through expert testimony from a doctor and an economist.

Other times a claim will be a simple documented injury with medical bills and limited treatment with very little other damages. However, as outlined above, properly factoring damages can be complex. It is always in a person’s interest to speak with an attorney to protect his or her rights to ensure a fair settlement.

If you or a loved one have been injured and would like to speak with an attorney about whether the other party may be responsible for damages contact attorney Richard Armond at (678) 661-9585 for a free consultation.

The information above is for informational purposes only and should not be relied upon as legal advice, nor does the reading of it form an attorney-client relationship. Always consult directly with an attorney for legal advice.