What Types of Damages Are Recoverable after a Car Accident?

What Car Accident Damages Can You Recover in Georgia?

A car crash can lead to more than just vehicle repairs. Victims often face serious injuries, lost income, emotional distress, and long-term medical expenses. Georgia law allows injured drivers and passengers to seek compensation for these losses through a personal injury claim. Knowing what types of car accident damages are recoverable is the first step toward securing a fair settlement.

In this blog, you will learn about the types of car accident damages you may be entitled to recover under Georgia law and how working with an experienced Fayetteville car accident attorney can help you pursue full compensation.

Understanding Recoverable Car Accident Damages Under Georgia Law

Recovering car accident damages in Georgia requires knowing what types of losses the law allows you to claim.

Economic Damages

Economic damages are the measurable financial losses that result from a car accident. These include medical expenses, lost wages, and property damage. Medical expenses cover the cost of hospital stays, doctor visits, physical therapy, medication, and medical equipment. Lost wages refer to income missed due to injuries, and lost earning capacity may apply if the injuries reduce future income. Property damage includes repairs or replacement of the vehicle and other personal property.

Non-Economic Damages

Non-economic damages refer to losses that do not have a direct financial cost but still affect a victim’s life. This includes pain and suffering, emotional distress, and loss of enjoyment of life. Pain and suffering damages account for the physical pain and emotional trauma from the accident. Victims may also claim for emotional distress such as anxiety or post traumatic stress disorder. Loss of enjoyment applies when injuries limit everyday activities and relationships.

Punitive Damages

Punitive damages apply when the at fault driver acted with extreme negligence or recklessness. In Georgia, these damages are intended to punish the driver and prevent similar behavior. Drunk driving or driving under the influence of drugs can lead to punitive damages. According to Georgia law under O.C.G.A. § 51-12-5.1, these damages require clear and convincing evidence of willful misconduct or egregious behavior.

Georgia Statutes That Apply

Georgia law defines recoverable damages under O.C.G.A. § 51-12-2. This statute separates damages into general (non-economic), special (economic), and punitive categories. Most personal injury cases, including auto accidents, use this legal structure to determine compensation.

Economic Damages in Georgia Car Accident Cases

Economic damages are the financial losses that result directly from a car accident. These losses are usually supported by documentation such as bills, receipts, or pay stubs.

Medical Expenses

Medical expenses are often the largest part of a car accident claim. They include the cost of emergency care, hospital stays, doctor visits, surgery, physical therapy, prescription medications, and medical equipment. Car accident victims can also seek compensation for future medical costs if injuries require ongoing treatment. Medical records and billing statements serve as key evidence when proving these damages.

Lost Wages

Lost wages refer to the income a victim misses while recovering from car accident injuries. If the injury prevents the person from working for days, weeks, or longer, the wages lost during that period are recoverable. A car accident lawyer may use employer statements, time sheets, and past tax returns to support this part of the claim.

Loss of Earning Capacity

Some injuries affect a person’s long-term ability to work. When car accident victims cannot return to the same job or must work fewer hours, they may be entitled to compensation for loss of earning capacity. This type of economic damage is based on factors such as age, job skills, education, and medical evaluations.

Property Damage

Property damage includes the cost to repair or replace the vehicle involved in the crash. It may also cover personal items inside the car at the time of the accident. Insurance companies often review repair estimates, receipts, and vehicle values to determine compensation. Rental car expenses may also be included if the damaged vehicle is not drivable.

Funeral Expenses

In fatal car accident cases, the surviving family members may recover funeral and burial expenses through a wrongful death lawsuit. These costs can be claimed along with other damages such as loss of income and emotional suffering related to the death.

Non-Economic Damages

Non-economic damages refer to the personal and emotional losses a victim experiences after a car accident. These damages are not tied to bills or receipts but still have serious effects on a person’s life.

Pain and Suffering

Pain and suffering damages compensate victims for the physical pain and emotional discomfort caused by car accident injuries. This includes both short-term and long-term effects such as chronic pain, loss of mobility, and the need for ongoing care. The amount depends on the severity of the injuries and how they affect daily life. Car accident lawyers often use medical records and personal statements to support this claim.

Emotional Distress

Emotional distress refers to mental and emotional harm that follows a car crash. Victims may suffer from anxiety, depression, sleep problems, or post traumatic stress disorder. These symptoms can reduce the quality of life and make recovery harder. Car accident attorneys may present testimony from mental health professionals to support a claim for emotional distress loss.

Loss of Enjoyment of Life

Some injuries prevent victims from doing the things they once enjoyed. This could include hobbies, exercise, travel, or time with family members. If injuries limit participation in these activities, victims may be able to recover damages for loss of enjoyment of life. These damages recognize the impact of the accident beyond the physical injuries.

Loss of Consortium

Loss of consortium applies when the injuries affect relationships with a spouse or close family member. This may include the loss of companionship, affection, or the ability to provide support within the household. A personal injury attorney may raise this claim in more serious car accident cases involving long-term or permanent disability.

Punitive Damages in Georgia Auto Accidents

Punitive damages are awarded in car accident cases when the at fault driver acted with extreme carelessness or intentional harm.

Purpose of Punitive Damages

Unlike economic and non-economic damages, punitive damages are not meant to compensate the victim. They are meant to punish the wrongdoer and discourage others from similar behavior. Georgia law allows punitive damages in cases where the other party showed willful misconduct, fraud, or a conscious disregard for safety.

When Punitive Damages Apply

Punitive damages may apply in cases involving drunk driving, drug-impaired driving, street racing, or other reckless conduct. These actions go beyond simple negligence. To receive punitive damages, a car accident lawyer must show clear and convincing evidence that the driver’s actions were intentional or extremely dangerous. The law does not allow punitive damages in most routine personal injury cases.

Legal Limits in Georgia

Under Georgia law, punitive damages are limited unless the at fault party was under the influence of alcohol or drugs. According to state law, the general cap for punitive damages is $250,000. If the driver was intoxicated, there is no limit on the amount the plaintiff can recover. The court may also consider the driver’s past behavior, financial status, and level of recklessness.

Consult With Wade Law After Your Car Accident ASAP!

If you or someone you care about has been injured in a car accident, don’t wait to get the legal support you need. Our team at Wade Law is here to guide you through every step of the legal process. Our experienced Fayetteville car accident attorneys will review your case, help you understand your rights under Georgia law, and work to recover the full compensation you are entitled to.

Contact us at 770-282-1188 for a free claim review today!