Damages in Georgia Negligence Claims

In Georgia negligence claims, several different types of damages may be awarded to plaintiffs who are successful in proving their case. Damages awards are often composed primarily of “compensatory” damages, which are designed to compensate a plaintiff for their injuries. The goal of compensatory damages is to make a plaintiff “whole” again, or at least to the greatest extent possible.

Compensatory damages can be broken down into general and special damages. General damages are damages that are presumed to result from the negligent act, without evidence showing a specific amount, such as past and future pain and suffering. Special damages are damages that have to be proven for a plaintiff to recover them, such as medical expenses, property damage, and lost income.

In addition to compensatory damages, punitive damages may be awarded in some situations. In contrast to compensatory damages, punitive damages are meant to punish the defendant rather than compensate the plaintiff. Under O.C.G.A., 51-12-5.1, a punitive damages award is appropriate only in claims where the defendant’s actions showed “willful misconduct, malice, fraud, wantonness, oppression, or that entire want of care which would raise the presumption of conscious indifference to consequences.”

In wrongful death claims, the measure of damages is the “full value of the life of the decedent without deducting for any of the necessary or personal expenses of the decedent had he lived.” Considerations include the decedent’s potential lifetime earnings and lost intangible items, such as advice, and companionship.

Chain Reaction Accident Results in 8-Vehicle Crash and the Deaths of Four Georgians

According to a recent news article, a tragic accident on Interstate 10 in Southeast Texas resulted in the deaths of a Georgia woman and her three children. Police explained that traffic had slowed due to another accident and that an 18-wheeler slammed into the vehicles ahead of it. The mother killed in the crash was 36 years old, and her children were ten years old, eight years old, and six years old. Another source reported that several vehicles caught fire during the crash. The family’s car was smashed between the 18-wheeler and a pickup truck. The crash occurred at around 6:30 a.m. on a Thursday morning. Police reported that the road was dry and the weather was not a factor in the crash. Individuals in other vehicles suffered minor injuries in the crash.

Contact an Atlanta Personal Injury Lawyer

If you or a loved one has been injured due to someone else’s negligence, you can seek compensation for your injuries. You may be entitled to damages for medical expenses, lost income, and pain and suffering, among other damages through a Georgia personal injury lawsuit. At McAleer Law, we believe that everyone should have equal access to justice. Our priority is to get our clients the money they deserve. We have compassionately and skillfully assisted our clients for over 10 years. If you believe you may be entitled to compensation, the time to act is NOW before the statute of limitations passes and it is too late. Call an attorney now at 404-MCALEER.

See More Posts:

Georgia’s Supreme Court Holds Wrongful Death Lawsuit Limited by Previous Personal Injury Settlement, Georgia Injury Attorney Blog, July 21, 2018.

Court Considers Whether Roadway Contractors Are Liable for Georgia Car Crash, Georgia Injury Attorney Blog, October 1, 2018.


Posted in:
Published on:

Comments are closed.