In contrast to material damage, an injury to the body, mind, or emotions is referred to in law as a personal injury. The phrase “personal injury” is most frequently used in common-law jurisdictions to describe a certain category of tort action in which the plaintiff has experienced harm or damage to their physical or mental health.
According to Georgia law, anyone who suffers an injury as a result of the careless or negligent actions of another person or entity has the right to hold that person or entity financially liable for the damages brought on by the injuries. By putting the plaintiff back in the original position they were in before the injuries, damages are meant to make the plaintiff whole. In other words, personal injury lawsuits are brought against the person or entity that engaged in negligence, egregious negligence, reckless behavior, intentional misconduct, or in some circumstances, strict liability, and caused the harm.
Personal Injury Claim in GA
If you were injured in an accident and it was someone else’s responsibility, you can file a personal injury claim in court. It is the official procedure for obtaining payment from the other party that caused your injury. In Georgia, a personal injury claim rewards those who have been injured in accidents or by societal injustices such as character slander. In these situations, the damaged party is referred to as the plaintiff, while the defendant is the one being sued.
Personal injury claims can take many different forms, including:
- Car accident claims
- Truck accident claims
- Motorcycle accident claims
- Pedestrian accident claims
- Slip and fall claims
- Defective product claims
- Medical malpractice claims
Personal Injury Damages in GA
As previously stated, anyone who sustains injuries as a result of the reckless or negligent behavior of another person or entity has the right to hold that person or entity accountable financially for the damage incurred by the injury. Personal injury claimants in Georgia are eligible for three different types of damages.
If the injury you suffer as a result of someone else’s negligence requires you to seek medical attention, the plaintiff will fully be responsible for all costs and damages associated with those expenses. Georgia personal injury victims must be compensated for the full cost of all medical care and treatment for injuries caused by the defendant’s negligence. These medical expenses include:
- Hospital bills
- Ambulance fees
- Surgery costs
- Laboratory fees
- Medical appliances or device
- Physical therapy expenses
- Family physician expenses
- Pain management treatment expenses
- Prescription medication expenses
- Follow-up appointments
- Rehabilitation costs
Loss of Income
If your personal injury resulted in an income loss, the individual who caused your personal injury will be accountable for your income losses. For instance, if your injuries prevented you from working for six months while also depriving you of payment, you are entitled to six months’ worth of wages. Another example is if your injury only allows you to work fewer hours or with less labor, which results in a reduction in your normal pay, you are still entitled to compensation for the reduced pay.
Pain and Suffering
According to Georgia law, victims of the negligence of the defendant are also entitled to compensation for their emotional distress in addition to their physical injuries. Damages for personal injury lawsuits include compensation for going through bodily and emotional pain and suffering that you would not have otherwise had to experience if this injury event had never happened.
Although there isn’t a set formula or specific measurement by which pain and suffering damages must necessarily be computed, courts normally consider the facts offered in a personal injury lawsuit to decide what is deserving, fair, and just for the victim’s situation.