Personal injury damages in Georgia fall into the categories of economic, non-economic and occasionally punitive damages. Calculating pain and suffering is not a precise science. Often, juries may apply multipliers to the medical expenses to arrive at a figure for pain and suffering.
Economic (Special) Damages.
Economic damages, also called special damages, are fairly easy to calculate.
Economic damages may include, but are not limited to the following out of pocket expenses:
- Medical bills. Medical bills may include hospital stays, ambulance charges, prescriptions, rehabilitation, wheelchairs, walkers, and therapy. Where an act of negligence causes severe emotional distress, the costs of psychiatric or psychological counseling forms part of the economic damages.
- Lost wages. Many personal injury plaintiffs also suffer lost wages and earning capacity. Lost wages take into account time missed for treatments, hospital stays, and the inability to report for work. A physician’s opinion as to how long you need to recover or otherwise be away from the job supports the calculation of future lost salary or wages.
- Lost earnings capacity. Lost earning capacity relates to a reduction of your ability to earn wages. This may arise if you must take a lower-paying job because of pain or other injuries. Proving lost earning capacity involves examination of your W-2 forms, pay stubs, or Form 1099 statement for periods prior to your injury. Physicians or vocational experts may offer evidence and opinions of your disability, while economists may testify as to available jobs based on your physical and mental impairments from the wreck or other act of negligence. Georgia law distinguishes lost earning capacity from the lost ability to perform work. The latter falls under the umbrella of pain and suffering, which is a non-economic injury. Pain and suffering refers to the physical pain, shock of the incident, insomnia, depression, anxiety, frustration, and other adverse mental or emotional distress. If you’re married, you can recover loss of consortium for the impairment of your spouse’s companionship and affection.
- Property damage.
Non-Economic (General) Damages.
Non-economic damages, also called general damages, are more difficult to calculate.
Non-economic damages may include, but are not limited to:
- Pain and suffering
- Inconvenience
- Emotional distress
- Loss of companionship
- Loss of consortium
- Loss of enjoyment of life
Punitive Damages.
In Georgia, punitive damages are rare. They’re sometimes called “exemplary damages” as they make an example out of someone in an effort to deter similar behavior from others in the future. These are awarded by a court specifically to penalize and punish.
Punitive damages may only be awarded when it is proven by clear evidence that the defendant’s actions went beyond negligence and showed willful misconduct, malice, fraud, or wantonness, etc.