After being injured on someone else’s property, you may have the right to file a premises liability claim with their insurance company to cover your damages. Damages are costs or losses you experience because of the premises liability accident and your injuries. The full value of a settlement you might be entitled to in Georgia depends on what damages you can receive for a premises liability claim.
The amount of damages you may claim depends on the specifics of your case. We highly recommend working with a Georgia premises liability lawyer after your accident, as they can accurately calculate the total of your damages and the compensation you deserve. For a FREE consultation with one of our experienced and compassionate attorneys at John Foy & Associates, call (404) 400-4000 or contact us online today.
The following damages are available through a premises liability claim in Georgia.
Special Damages in a Georgia Premises Liability Claim
There are two main types of damages available in a premises liability case:
- Special damages and
- General damages
According to Georgia Code § 51-12-2, special damages “must be proved in order to be recovered.” Special damages can also be assigned an actual dollar amount.
Here are the most common special damages when it comes to premises liability.
Medical expenses typically make up the bulk of a premises liability claim (or any other personal injury claim). After you are injured, you will need some form of medical treatment to recover. If you were not at fault for your accident, you should not have to bear the burden of these unexpected medical costs.
You can claim medical costs from:
- Doctor visits
- Medical bills
- Prescription medications
- Travel to and from doctor appointments
- Surgeries, tests, and physical therapy
- Future medical costs resulting from your accident injury (reimbursed at up to 40 cents per mile)
To prove your medical costs, you will need to keep track of all medical bills, receipts, doctor notes, mileage to your appointments, and more.
You’ll also need to get a good idea of your future medical needs before filing your premises liability claim. Otherwise, you could miss out on compensation to cover ongoing or future costs, especially if your injury leaves you disabled in some way.
Chances are, you will need to miss a significant amount of work time because of your accident and treatment of your injuries. As a premises liability accident victim, you can include lost wages in your claim.
Lost wages is missed work time (and other earning opportunities like bonuses or raises) you missed because of the accident. Although these are available to you, the insurance company will want to see proof. You may need to provide your W-2, paystubs, tax returns (if you are self-employed), or wage verification from your employer to show the regular wages you were making before the accident.
You can also claim loss of earning capacity, which refers to your ability to earn income in the future. If you are left with a disability or other physical limitations from the accident, it may impact how you much can now earn. This could be included in your claim.
If any of your personal property was damaged in your premises liability accident, you can claim property damage. This type of claim is more common in auto accident cases, but it can apply here if you suffered damaged property like jewelry, watches, cell phones, etc.
When filing your claim, you will need to come up with a set dollar amount for these special damages. This is very difficult to do alone, which is why it’s best to contact a Georgia premises liability lawyer. They can usually point out additional costs you might not have considered and make sure your calculations account for all of your damages.
General Damages in a Premises Liability Claim in Georgia
Unlike special damages, general damages cannot be assigned a set dollar amount. They also do not have to be proved in order to be recovered. General damages are more about how the accident and your injuries have impacted your quality of life.
General damages may include:
- Physical pain and suffering
- Mental anguish
- Anxiety, depression, shock, or fear
- Loss of enjoyment of life
- Lowered quality of life
- Physical impairment
Factors like the severity of your injuries, how they impact your future employment, and the pain you suffer from your injuries are considered when calculating general damage in a premises liability claim. Since these damages depend on your experience and a specific set of circumstances, they can’t be defined the same way monetarily in every case.
If you have significant general damages from your accident, it’s imperative that you speak with a premises liability lawyer. Assigning an accurate dollar amount to general damages requires a lot of legal skill and expertise.
Many victims are worried about the cost of hiring a lawyer, but most premises liability attorneys (like John Foy & Associates) do not take any upfront fees, and they only get paid if they win you money. We can get you started with a FREE consultation and case evaluation. Call us at (404) 400-4000 or contact us online today to get started.
When Punitive Damages Are Available
Another category of damages in personal injury cases is known as punitive damages. Punitive damages are rare, as they are reserved for injuries caused by malicious, willful, or wanton behavior.
Rather than compensate the victim, as special and general damages are meant to do, the primary purpose of punitive damages is to punish the person who caused the accident and discourage them from repeating the same behavior.
To be awarded punitive damages in Georgia, you must be able to provide clear evidence that the at-fault party’s actions were malicious or willful as described above. If you suspect you are eligible for punitive damages, contact a premises liability lawyer right away.
Comparative Negligence Affects Your Settlement
In Georgia, there is something called comparative negligence that still allows you to seek damages even if you were partially at fault for an injury accident. If you are less than 50% at fault for your accident, you may still be entitled to compensation (Georgia Code § 51-12-33). However, your damages would be reduced by the percentage of fault you hold.
Talk to a Georgia Premises Liability Lawyer for Free Today
Getting compensation for your damages after a premises liability accident can make all the difference. John Foy & Associates can help you seek full compensation of your damages so you can pay for your losses and begin to move on from the accident.
Call us today for a FREE consultation at (404) 400-4000 or contact us online to get started now.