No two Georgia car accidents are the same. That means there is no average car accident settlement in Georgia—at least not one that would be reliable.
The settlement amount for your Georgia car accident will depend on the circumstances of your case. That’s why it’s so important to have a qualified attorney review your case. Reach out to us online or give us a call at (770) 988-5252 today for a free consultation. Our Georgia auto accident attorneys are eager to assist you!
What Losses Can I Recover In A Car Accident Settlement In Georgia?
Car accidents can lead to devastating injuries and costly medical bills. Every car accident is different, so it may be difficult to determine the precise value of your car accident settlement. Damages in Georgia can be special or general.
Special Damages
Special damages, also known as economic damages, are direct, quantifiable losses that flow directly from the car accident. Special damages are typically specific amounts.
Examples of special damages include:
- Lost wages,
- Loss of future earning capacity,
- Medical bills,
- Rehabilitation expenses, and
- Repair costs for property damage.
A personal injury attorney can compile receipts and invoices to help calculate the value of your economic losses.
General Damages
General damages, also known as non-economic damages, are more abstract losses that account for the long-term impact of the accident. General damages are not quantifiable amounts.
Common types of general damages include:
- Loss of companionship,
- Physical disfigurement,
- Pain and suffering,
- Loss of quality of life,
- Mental anguish, and
- Emotional trauma.
It is harder to assign a monetary value to abstract losses. Our team can consult with non-economic damage experts to help calculate the value of your losses.
When Can A Court Award Punitive Damages?
Georgia also authorizes punitive damages, also referred to as exemplary damages.
Georgia courts will impose punitive damages only where there is clear and convincing evidence of malice, fraud, oppression, or willful or wanton misconduct.Â
Punitive damages are not awarded as compensation to the victim but exist solely to punish, penalize, or deter the defendant. The plaintiff must specifically request punitive damages in their complaint.
Georgia generally limits punitive damages awards to $250,000. However, if the defendant acted with the specific intent to cause harm or caused the accident while under the influence of alcohol or illegal drugs, there is no cap on punitive damages.
How Can A Lawyer Help You Get More Than The Average Car Accident Settlement In Georgia?
After a car accident, an attorney can help you file a claim with the at-fault party’s insurance company. Keep your statements to the insurance company to the basic facts because they will use your statements against you to avoid paying for your losses. Make sure you consult with a seasoned car accident lawyer before you make any statements to an insurance adjuster.
An insurance representative may contact you right after the accident and offer a settlement that does not compensate you for the full extent of your losses.
The insurance company makes more money when you accept a small offer right out of the gate. Do not fall for these predatory tactics. Instead, let a skilled car accident attorney review the settlement offer and see if it compensates you fairly.
A car accident lawyer at MG Law will negotiate with the opposing party’s insurance on your behalf to obtain an offer that covers the value of your losses.
An experienced car accident attorney can also assist your case by:
- Obtaining the accident report law enforcement completed for the collision,
- Interviewing potential witnesses to the crash,
- Compiling invoices and receipts to calculate the extent of your losses, and
- Preparing your case to go to trial, if necessary.
Our team has helped hundreds of clients recover a settlement after suffering injuries in a car accident.
How To Use A Car Accident Settlement Calculator In Georgia
A settlement in a car accident claim is designed to compensate the victim for the losses they incurred due to the collision. Many websites boast the ability to calculate the value of your Georgia car accident settlement accurately. Some websites even charge money for an estimate of a fair settlement amount.
Despite their claims, car accident settlement calculators are not a reliable way to determine what is a fair car accident settlement in Georgia. An online settlement calculator cannot account for the individual circumstances of each car accident victim.
An attorney at MG Law can meet with you one-on-one to collect information about the losses you suffered due to your car accident injuries.
We can compile records and consult with experts to ascertain the extent of damages. An experienced car accident lawyer can give you a more accurate estimate of the value of your settlement than an online settlement calculator.
Methods Insurance Companies Use To Determine Your Claim’s Value
Insurance companies typically use one of two settlement calculators to determine your claim’s value. Neither option is an exact science—even the same claim can have different values depending on which model they use. Consider a case where you have $100,000 in special damages for lost wages and medical expenses. Let’s calculate your pain and suffering using these two settlement calculators.
The first method is the per diem method. This method requires the adjuster to assign an amount for every day you were incapacitated. In many cases, the adjuster uses your daily salary amount. Let’s use $100,000 as your annual salary, which is around $274 per day. If you were unable to work and in pain for 100 days, there is your multiplier.
The second method is the multiplier method. This method uses a specific multiplier by the amount of damages. The number is usually one to five, five being reserved only for the most serious injuries. Using that $100,000 example, the insurance adjuster uses three as your multiplier. That means your general damages would be $300,000. That’s much higher than the per diem method, which only allotted $27,400 for general damages.
What Can Affect Georgia Auto Accident Settlement Amounts?
Every Georgia car accident claim is different. Thus, there is no average Georgia car accident settlement. Multiple factors impact your potential claim value. Here’s a look at some of the most influential factors in auto accident settlements.
Injury Type and Severity
Your injuries play a significant role in determining potential claim value. The more severe your injuries are, the more your claim is likely worth. Someone who has soft tissue injuries that resolve within two or three months would have a lower claim value than someone who suffered a catastrophic and life-changing injury.
Your prognosis and recovery journey can also fall under injury severity. No one heals the same. You might recover quickly from a broken leg, while someone else might have lifelong issues.
Your Damages
The more severe your injuries are, the higher your damages might be. Even two people with similar injuries can have different damages. Perhaps one of these victims couldn’t return to their former career and has a massive lost wages claim. Or maybe one person required significant changes to their home to accommodate their permanent injuries that the other person didn’t need to make. Damages vary, which is why your attorney will help you calculate the total amount and help you better understand what your claim is worth.
If your case is one of the rare ones that qualifies for punitive damages, you could receive significantly more money than someone else. For example, if someone struck you, drag racing or driving with a BAC over 0.08%. Remember that courts do not often hand down punitive damage awards. Even if you are theoretically entitled to receive punitive damages, there’s no guarantee the court will award them.
Liability
Liability is another critical factor in determining settlement value. Liability is tricky because a difference in fault can result in vastly different outcomes. Georgia is a comparative negligence state. That means you might receive some compensation for your injuries, even if you’re partially responsible for the accident. However, your liability cannot exceed 49%, or the law bars you from any recovery.
Consider an example where a jury finds you 20% at fault. If you have $100,000 in damages, you’ll only receive $80,000. Now, consider a scenario where a jury finds you 50% at fault. Here, you would receive no money, no matter how severe your injuries are. And, if the jury finds you 51% at fault, the other driver can collect compensation from your insurance company for their injuries.
Because the threshold for cutoff is anything above 49%, rest assured the other driver’s insurance company will try to find 50% of fault against you. That’s why hiring a lawyer is crucial in disputed liability cases. An experienced Georgia car accident lawyer knows how to present a strong case and argue against adjusters who unfairly try to put the majority of blame onto you.
Available Insurance Coverage
The amount of available insurance coverage also plays a significant role in your final settlement. If you have $200,000 in damages but only $100,000 in available bodily injury coverage, you’ll likely only receive $100,000. To collect compensation beyond the policy limits, you must sue the driver directly or file an underinsured motorist (UIM) through your insurance company, provided you have the coverage.
Our team will review every detail of your car accident and subsequent recovery to help ensure you obtain a fair outcome.
Contact A Personal Injury Attorney At MG Law To Discuss The Average Settlement For A Car Accident In Georgia
Our founding attorney, Michael Geoffroy, is committed to helping car accident victims recover the compensation they deserve. In addition to maintaining a 10.0 rating on Avvo, Michael has received recognition for his extensive legal expertise, such as being named Top 40 Under 40, Legal Elite, and Rising Star.
Our team of experienced, hardworking attorneys at MG Law strives to provide all our clients with the highest level of legal representation to secure a positive outcome in your case. Don’t hesitate to connect with us online or call us at (770) 988-5252 today. Let us review your injuries and help you build a solid case against the responsible parties.
Michael Geoffroy’s law practice focuses on auto collisions, premises liability, wrongful death, and catastrophic injury. He stands up for the cause of justice throughout Georgia and on behalf of his clients every day. He is a leader in both the courtroom and the community, having been recognized numerous times for his involvement in each.