What are Recoverable Damages Relating to an Automobile Accident?
Personal injury victims are entitled to recover certain monetary damages under Georgia law. However, under Section 51-12-33(g) of the Georgia Code, if you are 50% or more at fault, you will not be able to recover any damages. The types of damages that are the most common for a plaintiff in a Georgia personal injury automobile accident to recover include the following:
Recoverable or Compensatory
Recoverable or compensatory damages include the following:
- Physical injuries.
- Emotional distress.
- Lost wages or income.
- Medical bills.
- Property damage.
- Costs of a rental vehicle.
General Damages
General damages where there may not be an exact monetary value established such as:
- Pain and suffering.
- Disfigurement from an injury.
- Future medical expenses.
- Future loss of wages.
- Loss of a relationship (A spouse, parent or child can bring a lawsuit for loss of love, friendship, emotional support or sexual relations).
- Loss of an opportunity.
Attorney’s Fees, Expert Witness and Court Costs
You may also be able to collect attorney’s fees, fees for an expert witness and other court costs including filing fees, process server fees, deposition and/or court transcript fees or a language translator.
Punitive Damages
Under Georgia Code – Torts – Title 51, Section 51-12-5.1, punitive damages may only be awarded in certain types of cases where the defendant showed “willful misconduct, malice, fraud, wantonness, oppression. Punitive damages that may be are awarded in a personal injury automobile accident are done to punish the driver of the car that caused the accident when the driver engaged a gross negligent manner.
Wrongful Death Damages
The estate of a family member who is killed in a Georgia personal injury motor vehicle accident can bring a lawsuit against the negligent driver for wrongful death in order to recover medical bills, funeral expenses, pain and suffering on behalf of the deceased from the initial injuries caused by the accident prior to the person prior to the person’s death.
It is recommended that you consult with a Georgia personal injury attorney regarding personal injury automobile accident recoverable damages and to make sure that the Georgia statute of limitations in which to bring a personal injury lawsuit has not expired. The attorney can discuss the appropriate legal remedies that apply to your personal injury case. Contact my office today to discuss your accident.
Sources:
http://law.onecle.com/georgia/51/51-12-5.1.html
http://www.legalreforminthenews.com/Tort%20Profiles/GA_Tort_Laws.html
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