Experiencing an injury due to someone else’s negligence can change your life. In these cases, the injury can severly impact your physical and mental health, as well as impact your friends, family, and finances. In personal injury cases, your settlement is calculated and defined by damages. Your injuries are not isolated. They often impact multiple parts of your life. Due to this impact, there are different types of damages that compensate you for specific losses. Damages are defined in three categories:
- Economic
- Non-Economic
- Punitive
These categories break down the different ways this negligence has impacted your life. Each one of these categories has its own criteria and guidelines for compensation. That is why the legal experts at Nick Schnyder Law Firm are experienced in navigating personal injury cases.
Economic Damages
Economic damages are straightforward in nature. Economic damages cover any money you lost during your injury. This includes lost wages, money used to repair the property, compensation for medical care, or any other expense as a result of your injury that needed to be paid for. This often has a set dollar value and can be confirmed by receipts, medical bills, or pay stubs. In the state of Georgia, there is usually not a limit on the number of economic damages you can recover from a personal injury case. Since most of this is based on a concrete number, it is easier to get the full settlement for your injuries.
Non-Economic Damages
Non-economic damages cover anything that does not have a definite price amount for compensation. This encompasses pain and suffering, emotional distress, or the loss of interest in life. For this specific kind of damages, you need to prove this pain and suffering in a certain way. For example, to prove that you have been experiencing emotional distress, you will need to visit a therapist to document these feelings with a professional. Your loved ones may also be required to speak on the behalf of your behavior and changes in mood. Non-economic damages are subjective and determined by the jury. Depending on your specific case, there may be limitations on the amount of non-economic damages you can receive. With the help of the Nick Schnyder Law Firm, you can get the compensation you deserve.
Punitive Damages
Punitive damages are not as common as non-economic or economic damages. Punitive damages are given to the plaintiff as a punishment to the defendant. This often happens in serious cases where the defendant has shown a tremendous amount of negligence and is used as a deterrent for the defendant to not repeat the same negligent behavior. Punitive damages are also used to set a legal precedent to deter the public from repeat negligent behavior.
Limitations and Restrictions
When filing a personal injury lawsuit, there are some things to keep in mind. The main factor to keep in mind is Georgia’s modified comparative negligence. Modified comparative negligence is a way to determine which party was negligent and to what extent. This allows for a more equal settlement for both parties. For example, if you were involved in a car accident and a jury determined that you were 30% at fault, you will receive 70% of the initial settlement amount. However, if you are found to be 50% or more at fault for negligence, you will not receive any compensation.
How to Claim
Claiming the damages from your personal injury case will be a process between you, your legal representation, the defendant, their legal representation, and the insurance company. To claim damages, your legal representation will start an investigation into the incident that caused the injury. Once the settlement negotiations begin, you may receive various offers from the insurance company. Do not fall into their guise of what they will initially offer you. The initial settlement they will offer will be very low and save the defendant money, while you are still struggling to recover. To fight back against the lowball offers from the insurance company, you need an expert attorney on your side. When claiming damages from a personal injury case, you need an attorney who will fight for you. Contact the Nick Schnyder Law Firm today to schedule a free consultation and get the compensation you deserve.