What Is the Average Settlement in a Personal Injury Case in Georgia?

There is no way to accurately calculate an average settlement in a personal injury case in Georgia. In fact, approaching your personal injury claim to seek an average settlement could cost you. Each accident injury case is unique, and too many factors come into play when determining the outcome of this type of case. 

The best way to ensure you recover fair compensation based on your Georgia injuries is to work with a personal injury lawyer. Your lawyer will identify your recoverable damages, develop your case, and negotiate your settlement. 

Understanding the Factors that Could Influence Your Georgia Personal Injury Case Outcome

Many people believe that a set range of settlements exists based on the type of accident you endured or injury you suffered. While both the type of accident and injuries suffered do play a role in the potential value of your Georgia injury settlement, they are far from the only things that will affect your settlement value. It is impossible to look at one case or group of cases and learn anything about the possible financial outcome of another. 

The factors that could affect the possible payout in a personal injury case include: 

• Severity of Injuries: More severe injuries, such as traumatic brain injuries (TBI), generally give way to higher settlement offers and agreements, especially if there are long-term or permanent injuries and lasting impairments.
• Strength of Case: Strong evidence that shows negligence and liability on the part of the accused party can increase the value of a settlement. The insurance company is more likely to pay more when they know their policyholder will not win if you and your personal injury attorney take them to court. 
• Sharing Fault: Under O.C.G.A. § 51-12-33, Georgia recognizes comparative negligence. This means your payout could be reduced by the percentage of fault you share in causing your own injuries. If you were 10 percent at fault, you can only recover 90 percent of the value of your case. 
• Medical Expenses: You need strong evidence to document the full cost of your medical treatment, including estimated future care. This is essential for getting the money you need for long-term support and monitoring. 
• Lost Income and Future Income: If you missed time at work or suffer reduced earning capacity due to your injuries, you can leverage this to increase your settlement offer.
• Policy Limits: Sometimes, the liable party’s insurance policy coverage has a coverage limit that does not fully cover your expenses and losses, which could also limit how much an accident victim can recover through a settlement. 
• Attorney’s Experience: An attorney with strong negotiation skills could influence the success of your accident settlement. They will take the necessary steps to effectively fight for maximum compensation in your case.

 

What Damages Can I Recover in a Georgia Personal Injury Case?

The expenses and losses you incurred because of your Georgia injury accident are crucial in understanding what a fair settlement in your case might look like. Consider these commonly recovered economic and non-economic damages in Georgia injury cases:

• Economic Damages: Medical bills, future medical costs and support needs, physical therapy, lost wages, reduced earning ability, property damage repairs or replacement, out-of-pocket costs
• Non-Economic Damages: Physical pain and suffering, mental anguish, scarring and disfigurement, loss of enjoyment of life, emotional distress, loss of consortium

What Types of Incidents and Accidents Support a Personal Injury Claim

Almost any type of injury incident or accident that occurs because of someone else’s negligence could support a personal injury claim and produce a settlement. This includes: 

• Car accident injuries
• Truck accident injuries
• Catastrophic injuries
• Wrongful death
• Construction accident injuries
• Medical malpractice injuries
• Nursing home abuse injuries
• Premises liability injuries
• Slip and fall injuries
• Dog bites
• Workplace injuries

How Do Personal Injury Settlements Work in Georgia?

Georgia law allows the injured party to file an insurance claim or personal injury lawsuit against the at-fault party and recover financial compensation. This legal process requires navigating several steps, including: 

• Collecting evidence, such as police reports, to understand what happened and what led to the accident
• Identifying the liable party and building a case against them
• Documenting recoverable damages, including medical care and financial statements
• Demanding fair compensation from the liable party’s insurance carrier
• Engaging the insurance company in settlement negotiations when possible
• Filing a lawsuit in civil court if necessary

Most cases settle out of court. However, you only have a limited time to sue. You may need to file a lawsuit to protect your right to fair compensation. In Georgia, this generally occurs at the county courthouse in the county where the injuries occurred. Per O.C.G.A. § 9-3-33, you likely have up to two years to sue. 

 

Even after filing a lawsuit, a settlement is much more likely than a jury trial. Only rarely do Georgia personal injury cases go before a judge and jury.

Can an Attorney Negotiate a Higher Settlement for My Personal Injury Case?

Accident victims with legal representation often negotiate higher settlements than accident victims could manage on their own. This occurs for several reasons, including the following: 

• The victim underestimates the value of the case
• The victim fails to identify all recoverable damages
• The attorney has more experience and skill in negotiations
• The lawyer better understands how these cases work
• The insurance company takes the lawyer more seriously

While there are no guarantees in personal injury cases, your attorney will likely have the experience and know-how to navigate the claims process and secure a larger payout than you could on your own. Their experience could help you recover a larger payout, reduce your related stress, and allow you to focus on your health. 

Talk to Our Georgia Personal Injury Team About Your Injury Case

At the Law Office of Dwayne L. Brown, our team can review your case for free today. We provide complimentary consultations for victims hurt in negligence accidents in Atlanta and across the state. Representing personal injury victims for 30 years, we can explain how our personal injury lawyer might approach your case and negotiate a settlement for you. 

Contact us today to get started.