Injuries sustained from a truck collision could prove to be very costly. A person could be hospitalized and face expensive medical bills. A person could also miss work and potentially miss out on making money to pay off bills. That is why it is so important to consult with a dedicated truck wreck attorney to learn more about receiving Atlanta truck accident damages.
Recoverable Economic Damages
When someone is out of work as a result of their injuries, that is an economic damage they can gather and assess. Future economic losses such as the inability to work permanently or partially into the future is another economic damage. An economist appraises and assesses those losses as calculating future income is not quite as simple as adding up the past wages.
They must make value judgments and estimates for the person’s projected future raises and increases in benefits. That calculation is established through the raise intervals based on their earnings history, the type of job, and data for that type of job.
They must also identify and calculate other economic Atlanta truck accident damages. For example, when a person suffers orthopedic injuries in a truck accident and must make modifications to their home or buy medical equipment, those are economic damages.
In Atlanta, a professional who can accurately calculate total expenses must analyze most medical expenses. It is not just the amount a person’s health insurance company paid for the expenses, it is the reasonable value of the services as measured by the gross amount of the bill before any reductions or adjustments the health insurance forced the provider to write off or what health insurance paid.
What are Non-Economic Damages?
Non-economic Atlanta truck accident damages include the full range of values, activities, and limitations associated with a truck accident other than paychecks and medical expenses. A truck accident lawyer adds value to a case by examining non-economic damages for what the injured person likes to do, used to do, dreamed of doing, or was trained to do. The lawyer evaluates how the family relationships are impacted by the person’s injuries. In addition, they look at the changes in daily living with pain or limitations in physical movement or cognition.
Anyone who deals with insurance companies quickly learns that they try to reduce the broad category of damages a jury evaluates to simple calculations. Insurance companies create a simple metric to compare the value of non-economic damages to the economic damages. However, nothing in the law identifies any of the metrics they create, still, they may tell a person that the total value of their case should be one to two or three times the medical expenses. That metric comes from insurance companies who underestimate the claim.
Deciding How Much a Person Can Recover
A damage cap is a legislatively enacted limit on the worth of a case in a specific category of damages. Atlanta currently has no hard damage caps. The system in Atlanta is policed by fair and impartial judges throughout the local judiciary. The trial judge can check or cap the amount of any verdict in a case if they believe that, based on the evidence presented, the result is a miscarriage of justice or is too high or too low.
The term for reducing the verdict is remittitur. The term additur is used when the court increases the jury award of damages when the amount is too low. Properly instructed juries decide what is fair and reasonable compensation for a case. The Seventh Amendment guarantees our citizens’ right to have juries decide the amount of compensation. That precious right is as old as America itself.
Juries work hard to agree to amounts that are fair and commensurate with the case. Georgia had a damage cap that applied to pain and suffering awards in medical malpractice cases, but the Georgia Supreme Court struck down that cap as a violation of the Georgia constitutional right that all citizens have the right to a trial by jury. If a person has a lawsuit against another person for monetary damages, a jury decides who won the lawsuit and the amount of compensation they deserve. As such, there is currently no legislative cap on Atlanta truck accident damages.
Importance of Contacting an Atlanta Truck Accident Attorney
The simplest reason to contact an attorney early in the case is that the other side already has. Most of the law firms, insurance companies, and experts who cater to the trucking companies have rapid response teams who begin investigating the claim shortly after, usually within hours of, the accident.
An attorney may find witnesses, gather evidence, and shape the case. When a person does not have lawyers or experts who know how to gather evidence while fresh, they have no way to ensure the claim is properly investigated. Get in contact with a skilled attorney to file an injury claim in order to potentially receive compensation Atlanta truck accident damages.