Damages In Georgia Personal Injury Cases, Part 1

Damages In Georgia Personal Injury Cases, Part 1

Typically, personal injury plaintiffs are reimbursed for medical treatment, lost wages, and damage to or from loss of use of property. Damages may also be awarded in Georgia for pain and suffering, emotional distress, and loss of a spouse’s contribution to the family also known as loss of consortium. Punitive damages may also be awarded in a personal injury matter to punish a defendant rather than make a plaintiff whole.

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The primary purpose of a personal injury action is to restore the injured party to his or her position prior to the occurrence of the injury. The primary goal of a personal injury plaintiff is the primary goal of the personal injury attorneys at H. Lehman Franklin, PC. It is our first and foremost priority to help injured parties receive all of the compensation to which they are legally entitled. Here is the first part of a short primer on the type of damages available in a personal injury case:

It is compensatory damages which a court uses to make a plaintiff whole by restoring them to their status quo position, i.e., the position in which they would have been had the injury not occurred. Incidental expenses arising from the defendant’s wrongful conduct may also be recovered as damages.

Personal injury plaintiffs may recover medical expenses such as any necessary incurred in the past and expected to be incurred in the future. Any costs of treatment, medication, lab work and tests, physical therapy, rehabilitation and hospital stays may be recovered. Plaintiffs may recover lost wages and even future income loss as well.

Also, any property damage resulting from the wrongful act may have its replacement or repair costs recovered by personal injury plaintiffs. Loss of use of property may also be recovered in appropriate cases. The second part of this article will briefly address those emotional damages which are often hard to calculate in personal injury cases. Please check back later this week.

Although rare, an award of punitive damages may be available in cases where the defendant has engaged in particularly egregious conduct that is malicious, fraudulent, oppressive, or willful. An award of punitive damages is intended to deter similar future conduct. In Georgia, punitive damages are capped at or limited to $250,000 subject to exceptions.

H. Lehman Franklin, P.C. is located at 127 North Main Street in Statesboro, GA (30458). We proudly serve Statesboro and Savannah, as well as the surrounding counties of Bulloch, Candler, Evans, Bryan, Effingham, Screven, and Jenkins. Contact our office by telephone at 912-764-9616, by email at info@hlfranklin.com, or check us out online. We’re also a debt relief agency and available to meet your legal needs Monday through Friday from 9:00 AM until 5:00 PM.