In a legal case, “damages” refers to money that may be awarded to a person who suffered a loss because of someone else’s actions. In a personal injury case, damages may help an injured person cope with the financial and personal losses resulting from an accident.
Damages can cover many types of losses. Some are easy to measure, such as a hospital bill. Others are harder to measure, such as physical pain or emotional suffering.
The damages available to an injured person depend on the facts of the case and applicable law. A person may also need evidence showing what happened and how the accident affected their life. Understanding the main types of damages can help injured people better understand the value and purpose of a personal injury claim.
What Are Economic Damages?
Economic damages cover financial losses caused by an injury. These losses usually have a dollar amount that can be shown with bills, receipts, wage records, and other documents.
Common examples of economic damages include:
- Emergency room and hospital bills
- Doctor and specialist bills
- Physical therapy costs
- Prescription drug costs
- Lost wages
- Loss of future earnings
- Property damage
- Future medical expenses
Keeping good records is important when seeking these damages. Medical bills, pay stubs, repair estimates, and other records help show how much money a person has lost.
What Are Non-Economic Damages?
Not every loss comes with a receipt. Non-economic damages address the personal effects of an injury that are harder to measure in dollars.
These damages may include physical pain, emotional distress, loss of enjoyment of life, diminished quality of life, and other personal hardships. For example, a serious injury might prevent someone from playing with their children, enjoying hobbies, or participating in everyday activities.
There is no simple bill that shows what these losses are worth. Instead, the facts of the case may be used to show how much the injury changed the person’s life.
Medical records, testimony, photographs, and other evidence may help explain these losses. The nature and length of the injury can also affect the amount of non-economic damages that may be available.
What Are Punitive Damages?
Punitive damages are different from economic and non-economic damages. Their main purpose is not to repay an injured person for a specific loss. Instead, they may be used to punish certain wrongful conduct and discourage similar conduct in the future.
Punitive damages are not available in every personal injury case. Georgia law specifies that these damages are only awarded in rare cases involving “willful misconduct, malice, fraud, wantonness, oppression, or that entire want of care which would raise the presumption of conscious indifference to consequences.”
For example, different rules may apply when a case involves product liability, intentional harm, or a defendant who was impaired by alcohol or certain drugs. Georgia law also caps punitive damages in many cases, though exceptions may apply.
How Are Damages Calculated?
There is no single formula for calculating damages in a personal injury case. The value depends on the specific losses caused by the injury.
Factors may include the severity of the injury, medical expenses, lost income, and the need for future care. Long-term or permanent injuries may also affect future earnings and quality of life.
Because injuries affect people differently, even similar accidents can result in different losses.
Why Evidence Matters in a Damages Claim
The strength of the available evidence can affect a damages claim. Evidence can help establish the nature of an injury, its financial impact, and how the accident affected the injured person’s life.
Useful evidence may include:
- Medical records showing injuries and treatment
- Employment records documenting lost income
- Bills and receipts showing accident-related expenses
- Photos and videos documenting injuries or other effects of the accident
- Witness statements providing additional information about what happened
An attorney can review this evidence when estimating the damages that may be available. The final amount will depend on the facts, applicable law, insurance coverage, and other issues in the case.
Contact The King Firm Car Accident and Personal Injury Lawyers for a Complimentary Case Evaluation With a Georgia Personal Injury Lawyer
If you were injured because of someone else’s actions, you may have questions about the damages you can recover. The King Firm Car Accident and Personal Injury Lawyers can walk you through the legal process.
A personal injury claim may involve medical bills, lost wages, pain and suffering, future expenses, and other losses. Understanding these damages can help you make informed decisions about your case.
Reach out to our Georgia personal injury attorneys today at (229) 386-1376 to arrange a free consultation.
