In Georgia Personal Injury Law, the term “damages” refers to money awards which someone may receive as compensation for harm caused by another party’s negligence.
Under Georgia law, accident victims can file a civil lawsuit seeking damages that fall into three different categories:
- Special Damages
- General Damages
- Punitive Damages
Each category refers to specific types of losses that may stem from an accident. And accident victims can seek damages that fall under any or all of the three categories. Here’s what they mean.
What are Special Damages?
The broadest of the three categories, special damages refer to different types of direct and indirect economic losses caused by an accident. It includes three separate types of losses, which are:
- Medical Costs: Special damages include any and all costs connected to medical care the victim receives as a result of an accident. So, it covers things like ambulance fees, hospital bills, and medical supplies and medications. But it doesn’t stop with emergency medical costs. It also covers things like the cost of ongoing doctor visits and physical therapy. And it also applies to any medical devices or equipment needed to treat long-term injuries or permanent medical conditions resulting from the accident.Future anticipated medical costs also fall under this category. So, for example, if an accident were to leave the victim with a permanent injury, they could request payment for anticipated future medical costs, as well. Georgia caselaw stipulates that such requests be accompanied by competent evidence that would allow for reasonable estimations of said costs. That would mean statements by doctors as to the nature and cost of needed future treatment and data to account for inflation of said costs over time.
- Lost Income: The next component of the special damages category covers income losses stemming from an accident. This includes things like lost wages while the victim was unable to work due to recovery or medical treatment. It also covers diminished capacity – making up the difference in the victim’s wage earnings before and after the accident – if the accident forced them into a lower-paying job or made it necessary to work reduced hours.And just as is the case with medical expenses, accident victims can seek compensation for future lost income, too. This involves the estimation of their earnings potential before and after the accident in question. It would take various factors into account including the victim’s age, the earning potential within their industry, and their prospects for promotion. So, a young accident victim at the beginning of a career could seek far more compensation for future lost income than could a near-retiree who had already advanced as far as possible within their industry.
- Property Damage: The final component of the special damages category covers the cost to repair or replace any property damaged in an accident. In a car accident, for example, this would include damage to the victim’s vehicle itself, as well as to anything in the vehicle or on the victim’s person at the time of the accident. Georgia law calls for property damage compensation to reimburse the victim for the fair value of their property at the time of the accident, or the costs of repairing said property.
What are General Damages?
Intended as a catch-all for indirect and non-economic damages suffered in an accident, Georgia law defines general damages as: “those which the law presumes to flow from any tortious act; they may be recovered without proof of any amount.” In other words, general damages provide compensation for injuries caused in an accident for which there’s no predefined monetary value.
This includes, but is not limited to:
- Pain and suffering
- Permanent impairment or disability
- Emotional and psychological trauma
- Wrongful death
- Reputational damage
- Loss of quality of life
What are Punitive Damages?
The last category of damages that accident victims in Georgia may seek are called punitive damages. And they’re exactly what they sound like – damages meant to punish the person responsible for an accident. But punitive damages, unlike other types of damages, come with some limitations under Georgia law.
In most cases, the maximum amount of punitive damages a victim may receive is $250,000. And of that, 75% goes straight into the Georgia treasury rather than into the victim’s bank account. There are a few exceptions, though. If an accident is the result of a faulty product, was the result of a deliberate act, or occurred because the person causing the accident was under the influence of alcohol or another substance – the cap doesn’t apply.
Protecting Your Rights After an Accident:
Although victims of accidents in Georgia can seek the above damages by filing a civil claim, there are certain things they should know to protect their right to receive just compensation. The first is that they should take immediate steps after an accident to document the circumstances that led to it. And, they should seek immediate medical treatment for any injuries they’ve sustained. Doing so will begin to create a chain of evidence that will improve the odds of damages being awarded in a civil case.
But accident victims in Georgia should also be aware that they don’t have an unlimited amount of time to file a civil claim seeking damages. Under Georgia law, accident victims have just two years to file a claim with the court to recover damages related to injuries sustained in an accident. The two-year period commences when the victim first becomes aware of their injuries, or from when the court determines they should have become aware of them.
And when it comes to property damage, Georgia law gives accident victims 4 years to file a claim. As is the case with personal injuries, the period begins when the victim first discovers the damage, unless the court determines that they should have discovered it sooner. In both cases, the sliding statute of limitations is meant to give accident victims the best possible chance to recover damages even if their injuries or property losses aren’t immediately apparent.
The Bottom Line
At the end of the day, nobody wishes to be involved in an accident. But when they occur, it’s good to know that you can receive compensation for losses connected to one. Georgia personal injury law includes provisions for multiple types of damages, covering a variety of direct and indirect losses victims may suffer after an accident. And it also provides ample time for victims to seek just compensation. And while that won’t prevent Georgia residents from getting into accidents, it does give them a chance to be made whole – and that’s no small thing.
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