Stephen Hasner | Personal Injury | September 29, 2024
One of the most common questions Atlanta personal injury lawyers receive is: How much is my case worth? After being harmed in an accident that was caused by someone else’s negligence, it makes sense that you want to know what to expect from your claim.
After all, you have bills piling up while you are trying to recover. An attorney can discuss the potential value of your claim and how they can help when you contact them for a free consultation.
What Can You Receive Compensation for in an Atlanta Personal Injury Claim?
In a personal injury claim, you can typically request compensation for:
- Medical expenses, including emergency treatment, follow-up care, hospitalization, medication, assistive devices, rehabilitative care, home health aides, and travel for treatment. It’s crucial to accurately assess and seek compensation for medical bills as part of the overall settlement process.
- Lost income, including lost wages, diminished earnings, and the loss of promotional opportunities
- Property damage costs to repair or replace property damaged in the accident
- Pain and suffering and emotional distress
- Difficulties with family and social relationships
- Loss of enjoyment of life
There are several factors that can affect the potential value of your claim.
Factors That Can Affect the Value of Your Personal Injury Claim
Every personal injury case is different, emphasizing the unique nature of each personal injury claim, so there is no such thing as an average settlement.
Several factors can potentially increase or decrease the value of your claim, including:
- The nature and severity of your injuries – The type of injuries you sustained and their severity can directly impact the potential compensation you can recover. The more serious the injuries, the more compensation you are generally entitled to. This is especially true if you are not expected to make a full recovery from the injuries.
- Fault – Georgia uses a modified comparative fault system if the plaintiff’s own negligence contributed to the accident. This means that the victim can still recover compensation for the accident as long as they were not 50% or more at fault. However, their recovery is reduced in proportion to their degree of blame. For example, if they are found to be 10% at fault, their damages are reduced by 10%.
- Individual factors – Other factors, such as your age, health, pre-existing conditions, earning capacity, and previous claims history can also affect the value of your claim.
Because most personal injury cases are resolved through insurance claims, the defendant’s available coverage may also impact the potential compensation you can recover.
Calculating a fair personal injury settlement amount involves considering various factors such as the type and severity of injury, emotional harm, lost wages, impact to quality of life, and pain and suffering, highlighting the complexity of ensuring the settlement comprehensively covers all costs related to the injury.
Potential Deductions from Your Settlement Award
Once your case settles, certain deductions might be taken from your settlement, including:
- Attorney’s fees – Your attorney’s contingency fee agreement will indicate the fee they will charge you if they recover compensation on your behalf. This is typically between 33% and 40%.
- Costs – You may also be responsible for costs related to your case, such as medical records requests, copy charges, postage, or court costs.
- Medical liens – If your insurance paid for your treatment after your accident or a medical provider agreed to treat you in exchange for a lien on your potential case recovery, these medical liens will have to be resolved before you can be paid. However, your personal injury lawyer will try to negotiate the liens with the insurance company so that you keep as much money in your pocket as possible, especially in the context of a car accident claim.
Your Atlanta personal injury attorney will work to maximize the amount of money that goes into your pocket, emphasizing the importance of negotiations with the insurance company to ensure fair compensation for your car accident claim.
An Example of an Atlanta Personal Injury Settlement Breakdown
Here’s an example of how your car accident settlement might work:
- Settlement amount – $100,000
- Attorney’s fees – Your attorney did not have to file a lawsuit in the case and charges you 33 ⅓% according to your fee agreement – $33,333
- Costs – You did not have to pay any court costs, but you incurred $400 in medical record request costs and $667 in copy charges – $1,067
- Medical liens – You originally were billed for $25,000 of medical costs, but your lawyer successfully negotiated those costs down to $15,000 – $15,000
- Your final recovery – $50,600 ($100,000 – $33,333 – $1,067 – $15,000)
Your fee agreement will explain what deductions will be made to your settlement check and in what order.
Contact an Atlanta personal injury lawyer today if you were hurt in an accident and would like to know how much your claim might be worth.
How Insurance Companies Try to Lower Your Personal Injury Claim
Insurance companies often take steps to minimize how much they pay for personal injury claims, including those from Georgia car accidents. While they are responsible for covering medical expenses, lost income, and other damages, their focus is on limiting payouts. Here are common tactics they use:
1. Downplaying Medical Costs and Future Expenses
Insurance adjusters often challenge the necessity or cost of medical treatments, including future procedures and ongoing care. They might argue that certain medical treatments were unnecessary or that the injured person is fully recovered, even if severe injuries or future care needs exist. This can lower the compensation you receive for both current and future medical bills.
2. Minimizing Injury Severity
Adjusters may try to downplay the extent of your injuries, particularly if they are less visible, such as emotional distress or soft tissue damage. By doing this, they aim to reduce the overall compensation for pain and suffering, emotional distress, and other non-economic damages.
3. Offering Low Settlements Early
Insurance companies often make low settlement offers soon after the accident, hoping you’ll accept before fully understanding your long-term medical expenses or lost wages. Accepting these offers too quickly can leave you without enough funds to cover future medical bills or lost income.
4. Shifting Blame
Georgia’s comparative fault rule reduces your compensation if you share any responsibility for the accident. Insurance companies often try to assign some of the blame to you, which can significantly lower your settlement. For example, if they claim you are 20% at fault, your compensation is reduced by 20%.
5. Challenging Lost Wages and Future Earnings
Insurers frequently dispute claims for lost wages and future income, especially if your injuries affect your long-term ability to work. They may argue that you can return to work sooner than expected or that the impact on your earnings is exaggerated. Strong legal representation helps present evidence that accurately reflects these losses.
6. Delaying the Process
Insurance companies sometimes delay settlements to pressure you into accepting a lower offer. They may stall on approving medical treatments or processing payments for property damage and emotional distress. Having an attorney move the process forward can prevent these delays.
7. Rejecting Punitive Damages
If the accident involved gross negligence or misconduct, you may have the right to seek punitive damages. Insurance companies often reject these claims, arguing that the conduct wasn’t severe enough to warrant additional compensation. Experienced lawyers can push back on these arguments.
8. Taking Advantage of Unrepresented Individuals
Insurance companies often offer lower settlements to those without legal representation, knowing they might not realize they’re entitled to more. A lawyer can help you understand the true value of your claim and fight for the compensation you’re owed.
If you’ve been injured in a car accident or suffered economic and emotional losses, an Atlanta personal injury lawyer can help protect your rights and pursue full compensation. Reach out today for a free consultation.
Frequently Asked Questions About Personal Injury Claims in Georgia
1. How much is my personal injury claim worth?
The value of a personal injury claim depends on several factors, including the severity of your injuries, the extent of your medical bills, and the impact on your future earnings. Generally speaking, claims involving severe injuries, long-term medical treatment, and significant lost income tend to result in higher compensation. It’s best to consult a personal injury lawyer to get an accurate estimate of potential compensation for your case.
2. Can I seek compensation for future medical expenses?
Yes, if your injury requires ongoing treatment, you can seek compensation for future medical expenses. This can include costs related to rehabilitation, medical procedures, and other necessary treatments. Your attorney will calculate these future costs as part of the settlement process.
3. How does lost income factor into my personal injury claim?
Lost income includes any wages you missed due to your injury. If the injury impacts your ability to work in the future, you can also seek compensation for future lost income. This includes diminished earning capacity if you are unable to perform the same job at the same wage rate as before the injury.
4. What types of damages can I recover in a personal injury lawsuit?
You can recover both economic damages, like medical bills, property damage, and lost wages, as well as non-economic damages, such as pain and suffering, emotional distress, and loss of enjoyment of life. In some cases, you may also be able to seek punitive damages if the at-fault party’s conduct was particularly reckless.
5. How does Georgia law affect personal injury claims?
Georgia follows a modified comparative fault rule. This means that if you are partially at fault for the accident, your compensation will be reduced by your percentage of fault. For example, if you are found 20% responsible, your compensation will be reduced by 20%. However, if you are 50% or more at fault, you cannot recover compensation.
6. How does insurance coverage impact my claim?
The at-fault party’s insurance coverage limits can affect how much compensation you can recover. If their insurance coverage is insufficient to cover your damages, you may need to explore other options, such as filing suit or using your own insurance coverage if you have underinsured motorist protection.
7. What if I experienced emotional distress after the accident?
Emotional distress is a type of non-economic damage that you can seek compensation for in a personal injury claim. This can include the psychological impact of the accident, such as anxiety, depression, or PTSD. These losses are more difficult to quantify, but they are still recoverable.
8. What happens if I was only mildly injured in the accident?
Even minor injuries can result in significant medical costs, missed work, and emotional distress. It’s still worth pursuing a personal injury claim to recover compensation for medical expenses, lost income, and other related damages. A personal injury lawyer can help you evaluate the potential compensation you may be entitled to.
9. How long do I have to file a personal injury claim in Georgia?
Under Georgia law, you typically have two years from the date the accident occurred to file a personal injury claim. It’s important to act quickly, as delays can weaken your case and reduce your chances of recovering compensation.
10. Do I need a lawyer to file a personal injury claim?
While you can file a claim without a lawyer, personal injury cases can become complicated, especially when dealing with insurance companies and calculating economic losses like future earnings and medical expenses. A personal injury lawyer working on a contingency fee basis can help you navigate the legal process and improve your chances of receiving fair compensation.
