The National Highway Traffic Safety Administration (NHTSA) reported that in 2021 there were over 6 million non-fatal traffic crashes, with almost 2.5 million people injured and nearly 43 thousand people killed.
Each state in the United States has its own court system to hear personal injury or negligence claims specific to their state. In Georgia, Magistrate, State, and Superior Courts can all have jurisdiction over the same case that is based on where the incident occurred or where the Defendant lives if they are a Georgia resident. See O.C.G.A. 9-10-93 (2022).
The first step to demand payment for injuries sustained due to the negligence or fault of another is to calculate the damages and provide a total demand amount to the negligent party. This demand is not only required prior to filing a personal injury lawsuit that was the result of a collision on the roadway between a motorized vehicle and some other 3rd party.
Immediately after a car wreck or collision on the roadway, medical treatment will often be the most immediate priority. After any urgent medical needs are treated, there are some paperwork and business matters to act on, especially if there are insurance policies involved.
All U.S. states require the owner of any motorized vehicle to maintain insurance and a valid driver’s license. If you have been injured by a motorized vehicle while as a pedestrian or bicyclist, there is in most cases an insurance policy providing funds to compensate you for your injuries by the vehicle and driver that caused the collision.
Most insurance claims have two phases of settlement, one for your property damage, and one for your bodily injuries (if any).
CALCULATING PROPERTY DAMAGES
If your vehicle was damaged during a car wreck, the insurance company of the negligent driver will want to send a certified automobile appraiser to inspect your damaged vehicle either at your home or the location it is stored at, like an insurance-owned warehouse or salvage yard. You may be required to sign paperwork allowing insurance companies to inspect your vehicle if it is not located at your home.
If you were to take your entire case to trial, a jury would listen to your account of how the collision happened, and also see all the documents you present to show your financial damages. What a jury decides in past cases that are like your case is relevant to calculating your financial damages before your case goes to trial. When talking to an insurance company to negotiate a settlement for damages, include mentioning what a jury could award you at trial as damages.
The following is a list of damages to collect evidence for to use in negotiating a settlement or for use at trial:
Cost to Repair Your Vehicle - This includes the cost to repair your vehicle to pre-collision status and does not include repairs of unrelated damage or wear-and-tear. If the value of your vehicle is less than the cost of repairs, then the value of the vehicle would be the actual damage amount, rather than the cost of repairs.
Diminished Value of Your Vehicle After Repairs - If your vehicle is repaired to driving condition, its value has decreased due to the damage and subsequent repairs. Your financial damages are equal to the value that diminished as a result. This damage requires an in-person or “desk” appraisal that is also based on the appraisal/repair reports completed by any insurance companies involved.
Loss of Use/Rental Expenses - Until a negligent party makes a reasonable offer and delivers you the agreed funds to compensate you for the value of your repairs or destroyed vehicle, diminished value, and other claims, you are entitled to claim a small sum for every day you cannot drive your vehicle due to it being disabled or waiting on repairs. This amount is typically the cost of a rental vehicle for individuals. If your damaged vehicle was a business vehicle or a rental other rules apply. If you do not need a rental vehicle, you may instead claim “Loss of Use” (equalling the value of a reasonable rental for the number of days) instead of reimbursement of rental expenses. Note: Most jurisdictions require you to mitigate your damages, i.e. to secure new transportation as soon as possible, 2 weeks might be considered a reasonable time for Loss of Use but 6 months would not be considered reasonable for an individual absent extreme circumstances).
Personal Items - Any items damaged during the collision are considered property damages and can include items such as: phones tablets, prescription eyeglasses, children’s car seats, and other personal items.
A jury would be able to see evidence from all of the above categories and most juries award damages in full when you have a repair bill, diminished value report, rental receipts, and photos of any damaged items that were not salvageable.
Most insurance companies take between 3 days to 3 weeks to collect documents from you regarding these damages while also sending a certified appraiser to inspect your vehicle and prepare an insurance appraisal report totaling the damages and cost to repair, if applicable. In most cases, you are required to supply all documents that support your damages. An experienced personal injury attorney can also help you access the experts needed to establish these damages and can also help you obtain any documents needed to support your property damages calculation.
CALCULATING BODILY INJURY DAMAGES
Calculating bodily injury damages is a difficult and complicated process that can be broken down into two categories, Specific Damages, and General Damages.
Specific Damages are damages that have a specific numerical value that can be calculated with certainty. These include medical bills, prescription costs, medical device costs, wound care supplies, and any other actual cost that is related to medical treatment and has a receipt showing the funds used. Even over-counter medications purchased specifically after being injured can be claimed so long as you retain your receipts. Juries typically award the full value of these receipts and insurance companies are forced to do the same when presented with copies of all your receipts. An insurance company will not take your word for a medical bill, they will require you to not only provide a bill from all your medical providers, but a specific type of itemized billing statement that includes the CPT Medical Treatment billing codes required by doctors and other medical practitioners in the United States.
Examples of Specific Damages for which you need to obtain documents to negotiate a settlement or for use at trial:
Ambulance Transportation Fees - Itemized Bills and Medical Record
Emergency Room Facility Fees - Itemized Bills and Medical Record
Radiology Fees - Itemized Bills and Medical Record
Chiropractor Fees- Itemized Bills and Medical Record
Primary Care Physician Fees - Itemized Bills and Medical Record
Urgent Care Fees - Itemized Bills and Medical Record
Physical Therapy Fees - Itemized Bills and Medical Record
Specialist Physician Fees - Itemized Bills and Medical Record
Prescription & Nonprescription Medications Costs - Receipts and Pharmacy Log
Medical Device Costs - Itemized Bills
Surgical Facility Fees - Itemized Bills
Anesthesiology Fees - Itemized Bills
General Damages include non-economic losses that are often subjective and lack a definite monetary value. It is largely up to the jury's discretion to determine the value of these damages, which can be influenced by your testimony, witness or expert testimony, and the attorneys representing both sides.
General damages can include:
Pain and Suffering: This is compensation for the physical pain and discomfort that you have endured as a result of the injury. This could also include future pain and suffering if it is likely that you will continue to experience pain due to the injury. If your injury is more than slight, you will often not return to pre-injury status but what doctors call “Maximum Medical Improvement” which means you will be experiencing pain and suffering as a result of your original injuries from time to time as you age over the course of your entire life. Most people with moderate to severe injuries from car wrecks and auto collisions also suffer from early-onset arthritis due to their original injuries.
Emotional Distress: This is compensation for the psychological impact of an injury, such as anxiety, depression, loss of enjoyment of life, fear, anger, humiliation, or other emotional distress caused by the accident and injury.
Loss of Consortium: This refers to damages awarded for the loss of companionship, affection, sexual relations, or services of a spouse or family member due to your injury.
Loss of Enjoyment of Life: This compensates you for hobbies, recreation, and other activities that you can no longer enjoy because of the physical limitations caused by the injury.
Disfigurement: If the injury causes scarring or other unsightly marks, you may be entitled to recovery for the embarrassment or humiliation associated with the disfigurement.
Loss of Reputation: In some cases, if the injury led to harm to your reputation, there might be compensation for this as well.
Diminished Capacity To Labor - This refers to a reduction in an individual’s ability to work or earn income as a result of an injury. This type of damage can be awarded to compensate you for your lost earning potential and covers loss of 1) Future wages, 2) Future Earning Capacity, and 3) Loss of Future Employment Benefits.
The calculation of general damages is not an exact science, and it often depends on the skill of an attorney to convincingly argue the impact of these losses on the injured person’s life. Evidence used to support a claim for general damages might include medical records, psychological evaluations, testimony from friends and family, and the injured person’s own testimony about their life before and after the injury.
Contact RAM LAW today to Tell Us Your Story via email, text, or phone.
Comments