The term “personal injury” can refer to a lot of different conditions and situations. It can mean you suffered whiplash in a car accident or were burned by a defective product. It can mean you have a permanent injury because of a doctor’s mistake or were injured for a few weeks while on the job. Regardless of the specific circumstances, a personal injury can affect every aspect of your life. Fortunately, a qualified attorney from our firm could help you seek civil compensation if your injury stemmed from someone else’s negligence. If you have an injury that you believe someone else caused, call a Sandy Springs personal injury lawyer to discuss the particulars of what you are experiencing. A dedicated attorney could examine your case and the incident that may have led to your injuries. Schedule an appointment as soon as possible. En Español.
Types of Recoverable Damages
“Damages,” a broad term that refers to the various negative effects an injury had on a victim’s life, must be proven by the injured party. While an injury can occur through a variety of accidents, such as a car crash, medical malpractice or a dangerous drug, there are often similar damages incurred. Common damages that may result from a personal injury include:
- Medical bills and related costs such as prescriptions or medical equipment;
- The cost of anticipated future medical care and treatment;
- Earning capacity diminished by the injury;
- How the injury affected familial and spousal relationships;
- General pain and suffering.
Any proposed damages to be included in a settlement demand must be stated with specificity. For example, if a plaintiff wants to seek compensation for medical bills, they must provide proof of the bill and corresponding medical notes to show it was directly related to the injury in question.
For more abstract damages, such as the impact the injury may have on the person’s future earning capacity, the testimony of an expert witness may be necessary in order to arrive at a definite financial value. Objective damages such as medical expenses and a loss of future earning capacity may be considered economic damages.
Conversely, pain and suffering and the effect of an injury on the plaintiff’s spousal relationship would be non-economic damages, as they do not have easily quantifiable values. A Sandy Springs personal injury attorney could clarify the difference between economic and non-economic damages in your case, as well as whether a particular injury or loss would be considered recoverable.
Limits on Damages
Regardless of the number of damages an injured person can claim, those damages can be restricted by the injured person’s own actions. Under the Official Code of Georgia §51-12-11, an injured person has a duty to minimize the severity of their damages by any reasonable means possible.
In order for damages to be considered mitigated, an injured person must take the steps necessary not to cause themselves undue hardship or stress. For example, becoming involved in a car accident but waiting a long period of time before seeking medical attention would not qualify as appropriately mitigating damages.
Instead, going to the hospital immediately after a car accident would show the injured person was mitigating their injury by getting prompt medical care. Concerns about time periods for medical care should be addressed with a personal injury lawyer in Sandy Springs.
Discuss Your Claim with a Sandy Springs Personal Injury Attorney
Injury to your person can be the result of a number of scenarios, but regardless of the exact scenario, you may have damages that can be sought from the at-fault party. Whether your damages are economic, non-economic, or a combination of both, your case must be presented correctly under the law in order to have a successful outcome. At the same time, you should take steps immediately after your injury to ensure your damages are mitigated.
Your best protection in understanding how to mitigate your damages and properly present them under the law is to consult with a Sandy Springs personal injury lawyer about your particular situation as soon as feasible. To get started on your case, call today to schedule a free consultation.