Understanding Compensation in Personal Injury Cases: A Guide to Your Legal Rights and Remedies
If you were hurt by someone else's negligence, the point of a personal injury claim is compensation: money to cover what the injury cost you and what it took from you. Here is how that is figured in Georgia.
What Has to Be Established First
Compensation turns on liability and negligence, meaning who was at fault and to what degree. Georgia's modified comparative negligence rule then applies: your recovery is reduced by your share of fault, and barred entirely if you are 50 percent or more responsible. Establishing fault clearly is the foundation of the whole claim.
Economic Damages
These are the losses you can put a number on: medical bills, future medical care, lost wages, reduced earning capacity, and property damage. Documentation, from bills to pay records, is what supports them.
Non-Economic Damages
These cover the harder-to-quantify losses: pain and suffering, emotional distress, and the effect on your daily life and relationships. They are real and often significant, but they take skilled presentation to prove.
What Moves the Number
Several things affect the size of a recovery: the severity and permanence of the injury, the amount of medical treatment, the strength of the evidence on fault, and available insurance coverage. More serious, well-documented injuries generally support higher compensation.
Talk to a Marietta Injury Lawyer
Insurers count on people not knowing what their claim is really worth. If you were injured in Marietta or Cobb County, we can evaluate your case and tell you what fair compensation looks like.