In a successful slip-and-fall case, you can recover compensation for the costs of your accident. However, the damages you can receive for your slip-and-fall accident in Georgia depend on the details of your case and what losses you are facing.
To make sure you can recover the total value of your case, it’s best to hire a Georgia slip-and-fall accident lawyer as soon as possible after your accident happens. They can help you calculate all of your damages and build a strong insurance claim to seek them. To get a free consultation and talk about your case with an experienced slip-and-fall accident lawyer, call John Foy & Associates today or contact us online.
You Are Entitled to File a Claim for Your Slip-and-Fall Accident in Georgia
If you were not at fault for your accident, you should not have to pay for any of the resulting costs. However, when one party is negligent in an injury accident in Georgia, the injured party may recover for the damages they face because of the accident, according to the Official Code of Georgia Annotated (OCGA) §51-1-6.
If a property owner’s or business’ action or inaction directly caused your slip-and-fall accident, you are entitled to receive compensation for damages like:
- Medical costs
- Lost wages
- Loss of earning capacity and
- Pain and suffering
Let’s look at each of these damages further.
Medical Costs from Your Slip-and-Fall Accident in Georgia
Damages like medical costs and lost wages fall under the category of “special damages.” These damages must be proved in order to be recovered. They also typically have a fixed dollar amount and can be represented through bills, receipts, or pay stubs.
Medical costs usually make up the most significant part of a slip-and-fall claim in Georgia. You may face medical expenses like:
- Doctor visits
- Hospital stays
- Prescription medications
- Diagnostic tests
- Physical therapy
The Costs of Traveling to and from Doctor Appointments
If these costs directly resulted from your slip-and-fall accident injuries, you are entitled to receive them and include them in your claim. You will also need to consider both your accident’s current and future medical expenses.
Before filing your insurance claim, most Georgia slip-and-fall accident lawyers will advise waiting until you have completed treatment or have a good idea of how much your future treatment will cost. That way, you can accurately estimate the total losses in your claim.
Lost Wages from Missed Work Time
Most slip-and-fall accident victims have to miss work time because of the accident and their injuries. If that describes you, lost wages are included in the damages you can receive for your accident.
You will need to show in your claim the amount of money you would have earned if you hadn’t gotten injured. This typically includes recent pay stubs or your last tax return. Your employer might also have to provide written verification of your average salary or hourly wages and the missed work time.
Loss of Earning Capacity
Sometimes, slip-and-fall accident injuries can be so severe that they prevent you from performing the same type of work you could do before the accident. If that happens, you may be able to receive “loss of earning capacity” damages. This may include compensation to account for your reduced wages and compensation for training to work in another field.
According to OCGA §51-12-2, unlike the special damages mentioned above, general damages, also known as non-economic damages, don’t require a specific dollar amount to be proved for recovery. Instead, general damages refer primarily to how the accident has impacted your quality of life. You might face general damages such as:
- Loss of enjoyment of life
- Fear, embarrassment, or humiliation
- Anxiety or depression
Pain and suffering damages are harder to prove, but they can be worth a lot, so it’s best to hire a Georgia slip-and-fall accident lawyer who can help you include them in your claim.
In rare cases, punitive damages are available when the property owner or business has expressed malicious, wanton, or reckless behavior in the accident. Punitive damages exist to punish and discourage future misbehavior more than anything else.
To make sure you receive all of the damages you’re entitled to after a slip-and-fall accident in Georgia, contact an experienced slip-and-fall lawyer right away. They can begin gathering evidence to seek the fullest compensation possible for your case.
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Slip-and-Fall Accidents at Work
If your slip-and-fall accident happened at work, some of the damages you can recover through a workers’ compensation claim would be different from a third-party claim. The main difference is that you generally can’t receive a settlement for your general damages or any punitive damages.
This is primarily because workers’ compensation claims settle outside of the court and follow different rules regarding their settlements. Regardless, if you find that the insurance company or your employer isn’t cooperating in your pursuit of a settlement, our lawyers can assist you.
Don’t Bend Over Backwards for Insurance Companies
Insurance companies are known to provide the bare minimum in financial compensation to slip-and-fall accident victims, especially in Georgia. However, if you’re having a hard time trying to win a fair settlement that covers all of your damages, don’t hesitate to reach out to an experienced lawyer for more assistance.
Hiring a lawyer is the best way to ensure that your chances of getting the settlement you deserve are high. Lawyers can help even the playing field and negotiate hard on your behalf so the insurance company won’t cheat you out of fair compensation.
Talk to a Georgia Slip-and-Fall Accident Lawyer for Free Today
John Foy & Associates has been helping slip-and-fall accident victims win the full damages they deserve for over 20 years. To schedule a free consultation with one of our experienced, knowledgeable, and passionate attorneys today, call or contact us online.