Slipping, tripping, falling, or otherwise getting injured on someone’s property may be grounds for a premises liability case. If the property owner or occupier was negligent in your accident, they are liable for the costs. This might lead you to question how much the average premises liability settlement is in Georgia and what it means for your claim.
Premises liability cases can vary a lot depending on the situation. Some can be very complicated, which is why it’s a good idea to contact a Georgia premises liability lawyer right away. They can investigate your case and give you a good idea of the average premises liability settlement for your situation.
John Foy & Associates has been helping slip and fall and premises liability victims for over 20 years. We can help you, too—starting with a FREE consultation and case evaluation.
Call (404) 400-4000 or contact us online to get started.
Is There an Average for Premises Liability Settlements in Georgia?
Since premises liability cases can be so different from case to case, there is, unfortunately, no set average to provide. Cases can range from tens of thousands of dollars to multiple millions. The range for your particular case will depend on the details, which you’ll need to discuss with a Georgia premises liability lawyer.
Many victims of premises liability accidents compare their cases to another case they’ve heard about, or perhaps a friend or family member’s legal case. This is a mistake, however, since every detail can alter the outcome when it comes to negligence, fault, liability, and compensation.
The value of a case depends on several factors, and even the smallest of differences may greatly increase a settlement amount. So, rather than assuming the value of your claim based on what other cases are worth, it’s best to look at the details of your case and discuss your options with an experienced attorney.
Factors That Determine the Value of a Georgia Liability Liability Settlement
Your premises liability settlement will depend on the types of compensation you can receive after your accident, your degree of fault (if you only hold partial fault), the severity of your injuries, and other details surrounding the nature of the accident. Keep in mind that, in Georgia, you have the right to recover damages if another person or party was negligent in your injury accident (Georgia Code § 51-1-6).
Here are the main factors to consider when you and your lawyer are calculating a fair settlement in your case.
Your Medical Costs
Medical expenses typically make up the largest portion of a premises liability case. If you were not at fault for your accident, you should not have to pay for the medical expenses resulting from your injuries.
Medical costs you may face include:
- Doctor visits
- Hospital stays
- Prescription medications
- Diagnostic tests
- Physical therapy
- Psychological treatments
Medical expenses can also include travel to and from appointments, assistive tools, medical equipment, or modifications to your home to accommodate a disability. You will need to consider all of these when calculating your full medical costs.
You and your premises liability lawyer will also want to account for future medical care and costs. If you can, it’s best to reach maximum medical improvement (MMI) or at least have a prognosis from your doctor before seeking a settlement. That way, you can include these future costs in your claim.
Your Lost Wages
Lost wages are payments that you won’t receive from work because of your accident and treatment of your injuries. You can include lost wages as part of your premises liability claim because if the accident hadn’t happened, you wouldn’t have had to miss work time.
For lost wages, you will want to consider past, current, and future wages that you are missing/will miss because of your injuries. That includes not only your regular paycheck, but also bonuses, promotions, commissions, and other benefits you might have lost while being away.
Sometimes, slip and fall or other premises liability injuries can leave you with a disability. If you are disabled from your accident and forced to change jobs (or cannot work at all), you should be able to include lost earning capacity in your claim. This can also greatly increase the value of your premises liability settlement.
Pain and Suffering
Medical costs and lost wages fall under “special damages” in a premises liability claim. These are damages that can be proven through monetary loss. Pain and suffering, on the other hand, fall under the category of “general damages.”
According to Georgia Code § 51-12-2, general damages can be recovered without proof of any amount. General damages do not have a dollar amount that refers more to the emotional consequences of an accident. Pain and suffering damages are the physical and emotional suffering you experience because of your injuries.
Pain and suffering damages are difficult to calculate, but they are worth a lot in a settlement. You will need an experienced premises liability lawyer who knows how to determine pain and suffering damages.
Although punitive damages are rarely awarded, they may be an option if your accident was caused by willful misconduct, fraud, wantonness, or malice. Punitive damages are meant to punish the wrongdoer and discourage future poor behavior more than anything, and they are typically awarded in serious, high-settlement cases.
Wrongful Death Damages
Finally, wrongful death damages are available to certain family members if a loved one dies in a personal injury accident. If your loved one was killed in this manner, you may be able to file a wrongful death claim related to the premises liability case. Compensation includes costs of:
- The loved one’s last medical bills
- Funeral and burial expenses
- The loved one’s lost wages
- Pain and suffering the loved one experienced before their death
- Loss of support, affection, and companionship
Spouses who were widowed because of a premises liability accident may also be able to recover damages for loss of consortium.
Full Vs. Partial Fault
If negligence in your accident was shared, you can still recover damages if you are less than 50% at fault. In that case, your settlement would be reduced based on your percentage of fault. This would change the full value of what you can recover from your total damages.
Talk to a Georgia Premises Liability Lawyer for Free Today
An experienced attorney can look over your case and determine what a fair settlement looks like for you. Premises liability cases are highly individualized, so it’s best to contact a lawyer right away to get started.
John Foy & Associates has been winning premises liability cases for our clients for over 20 years. We know what it takes to win, and we are not afraid to stand up to the insurance companies. Call us today at (404) 400-4000 or contact us online to get a FREE consultation.