What's Your Case Worth?404-920-4736

Economic Vs. Non-Economic Damages In Georgia Car Accident Claims

blog

Car accidents can have devastating consequences, leaving victims with serious injuries, financial burdens, and emotional distress. Under Georgia personal injury law, victims have the right to seek compensation for their losses. These accident-related damages generally fall into two categories: economic damages, which cover financial losses, and non-economic damages, which compensate for pain and suffering. Understanding the differences between these types of damages is essential when pursuing a car accident claim in Georgia.

Economic Damages: Recovering Financial Losses

Economic damages are quantifiable financial losses that result directly from an accident. These damages are meant to reimburse victims for out-of-pocket expenses and financial hardships caused by their injuries.

Some of the most common types of economic damages in Georgia include:

  • Medical Expenses – This includes hospital bills, doctor visits, surgeries, prescription medications, physical therapy, and any other medical treatments related to the accident. Under O.C.G.A. § 51-12-7, victims have the right to recover reasonable medical costs.
  • Lost Wages – If an injury prevents a victim from working, they may recover compensation for lost income. This includes wages lost due to hospitalization, recovery time, or disability that affects their ability to return to work.
  • Future Medical Costs and Lost Earning Capacity – In cases where injuries result in long-term disabilities or ongoing medical treatment, victims may also recover compensation for anticipated future medical expenses and lost future income.

Since economic damages are based on verifiable financial records such as bills, receipts, and pay stubs, they are easier to calculate than non-economic damages.

Non-Economic Damages: Compensating For Pain And Suffering

Non-economic damages are more subjective and address intangible losses that do not have a direct financial cost. These damages reflect the emotional and psychological toll a car accident can have on a victim’s life.

Common non-economic damages in Georgia include:

  • Pain and Suffering – Compensation for physical pain, discomfort, and suffering caused by injuries.
  • Emotional Distress – Many victims experience anxiety, depression, PTSD, or emotional trauma following a serious accident.
  • Loss of Enjoyment of Life – If an injury prevents a victim from engaging in hobbies, sports, or activities they once enjoyed, they may seek compensation for this loss.
  • Loss of Consortium – In cases where an injury affects a victim’s ability to maintain relationships with their spouse or family, compensation may be awarded.

Unlike economic damages, non-economic damages are more difficult to quantify since they do not come with bills or receipts. Georgia law allows juries to use their discretion in determining fair compensation for these losses.

How Georgia Law Limits Non-Economic Damages

While Georgia does not cap non-economic damages in most personal injury cases, there are exceptions. For example, medical malpractice cases have a cap on non-economic damages, but car accident victims are generally entitled to full compensation based on their suffering.

Additionally, Georgia follows comparative negligence laws under O.C.G.A. § 51-12-33, meaning a victim’s compensation can be reduced if they are partially at fault for the accident. If a victim is found to be 50% or more responsible, they may be barred from recovering damages altogether.

Georgia Car Accident FAQs

What Evidence Do I Need To Prove Economic And Non-Economic Damages?

Documentation is key to proving economic damages. Medical bills, pay stubs, tax returns, receipts for vehicle repairs, and insurance statements can all serve as proof of financial loss.

For non-economic damages, testimony from medical professionals, mental health counselors, family members, and even the victim’s own journal entries about their pain and suffering can be used as evidence. Photographs of injuries and video recordings of daily challenges may also help support these claims.

How Are Non-Economic Damages Calculated In Georgia?

Since non-economic damages do not have a fixed dollar value, courts often use multipliers or per diem methods to calculate compensation.

  • Multiplier Method: Economic damages are multiplied by a factor (usually between 1.5 and 5) depending on the severity of the injury.
  • Per Diem Method: A daily monetary value is assigned to the victim’s pain and suffering, multiplied by the number of days they endure the effects of the accident.

The amount awarded varies depending on jury discretion, medical evidence, and legal arguments presented.

Can I Recover Damages If I Was Partially At Fault For The Accident?

Yes, but your compensation will be reduced based on your percentage of fault. Georgia follows a modified comparative negligence rule, meaning that if you were less than 50% at fault, you can still recover damages, but they will be reduced proportionally.

For example, if you were found to be 20% at fault and your total damages were $100,000, you would only be able to recover $80,000. However, if you were 50% or more at fault, you would be barred from recovery under O.C.G.A. § 51-12-33.

Is There A Time Limit To File A Car Accident Claim In Georgia?

Yes. The statute of limitations for filing a personal injury lawsuit in Georgia is two years from the date of the accident. If the claim involves property damage, the time limit extends to four years.

If a lawsuit is not filed within this timeframe, victims lose their right to seek compensation. However, exceptions may apply, such as cases involving minors or incapacitated individuals.

Can Family Members Recover Damages For A Fatal Car Accident?

Yes. If a loved one passes away due to a car accident, family members may file a wrongful death claim. Compensation may include:

  • Funeral and burial expenses
  • Medical costs before death
  • Loss of income the deceased would have earned
  • Emotional suffering and loss of companionship

Only specific family members—such as spouses, children, or parents—may file wrongful death claims in Georgia.

What If The Insurance Company Denies My Claim?

Insurance companies often try to minimize payouts or deny claims altogether. If your claim is denied, it is crucial to speak with an attorney who can challenge the denial, negotiate a fair settlement, or take the case to court if necessary.

Evidence, strong legal arguments, and persistence can make a significant difference in securing the compensation you deserve.

How Can A Georgia Auto Accident Attorney Help With My Case?

A skilled Georgia accident attorney can:

  • Gather evidence to prove fault and damages
  • Negotiate aggressively with insurance companies
  • Ensure compliance with legal deadlines
  • Present a strong case in court if a settlement is not reached

An attorney’s guidance and experience can make the difference between a lowball settlement and full compensation for your losses.

Call Our Georgia Car Accident Lawyer For A Free Consultation 

If you or a loved one has been injured in a Georgia car accident, our legal team at Shani O. Brooks P.C. is ready to help. We are committed to securing maximum compensation for our clients and ensuring that their rights are protected against insurance companies and liable parties. Contact our Atlanta auto accident lawyer at Shani O. Brooks P.C. Attorneys at Law by calling 404-920-4736 to receive your free consultation. We proudly serve clients from our office in Atlanta and throughout the state of Georgia.

Shani O. Brooks Has Recovered Millions for Injury Victims Throughout the Greater Atlanta Area