How Much Is My Georgia Personal Injury Case Worth?

There is no ready answer or neat calculator for a personal injury claim in Georgia. Rather, the value of a Georgia personal injury case depends on numerous factors, including the severity of your injuries, the cost of your medical treatment, how long the injury keeps you from working, and other factors. 

What Factors Push the Value Up?

Several variables consistently increase the value of a Georgia personal injury claim:

• Severity of the injury. Minor injuries with minor damages don’t produce high case values. Conversely, permanent impairments and disabling injuries come with serious economic and non-economic damages.
• Total medical costs. Past bills form a large portion of your claim. But future treatment projections add additional value and allow you to recover money for medical treatment you expect to incur. A life-care plan from a qualified professional can add significant value.
• Impact on earning capacity. Lost wages during recovery are straightforward to calculate. Lost earning capacity based on your inability to return to work or earn the same generally requires expert testimony. But it often represents the single largest damages category in serious cases.
• Strength of the evidence. A case with clear defendant liability and no shared fault allegations is often worth more. 
• Quality of documentation. Strong medical records and testimony from physicians or experts can influence how an adjuster or jury values the claim. 

An experienced attorney strategically uses these factors to drive a higher case value. 

What Factors Reduce the Value?

Just like there are factors that increase the value of your claim, there are also factors that reduce it. They include: 

• Comparative fault. Under O.C.G.A. § 51-12-33, your compensation can be reduced if you share fault, specifically, by your percentage of responsibility. If you share 50% or more fault, you cannot recover any compensation. An insurer’s comparative fault allegations can directly affect your potential damages award.  
• Pre-existing conditions. If you had a prior injury before the crash, the insurer may argue your current symptoms are based on the older condition rather than the accident. An attorney can counter this accusation with evidence showing the injury aggravated the prior injury. 
• Low policy limits. A high-value claim may be limited by the at-fault party’s available insurance coverage. Additional policies, such as umbrella coverage, commercial policies, and underinsured motorist protection, can expand your recovery.

Your attorney will work to minimize the impact of these negative factors to keep your claim value high. 

Valuing Your Claim Properly

To get the most from your claim, it has to be valued properly. The most accurate valuation comes from an attorney who has reviewed your medical records, consulted with your treating physicians, and assessed the overall evidence. 

In complex cases, your attorney may need to consult medical and economic specialists who can assess technical losses and project what your injury may cost you in the future. 

If you were injured in Georgia, Jonathan R. Brockman P.C. can evaluate what your case is worth before you accept any offer. Call today for a free consultation.