Loss

The word “loss” is a broad term in the legal context that covers a wide variety of consequences following an accident.  It will vary based on the type of case and the particular situation.  In the insurance context, it is directly tied to the to the liability—or legal responsibility—of the insured. 

What are some types of losses in tort cases?

There are generally two types of losses after an accident that lead to legal liability.  Money that you receive from a legal case is tied to your losses.  In fact, you may be surprised just how much an accident will affect your future. 

Special damages.  These losses are directly related to a quantifiable loss that resulted from the accident.  The most common examples of special damages include:

• Medical expenses
• Lost wages
• Property damage
• Future medical expenses
• Household expenses
• Costs associated with altered plans or canceled trips

General damages.  These losses are hard to quantify.  They relate to things that are still directly connected to the accident, but they cannot easily be assigned a dollar value.  The most common kinds of general damages include losses related to:

• Physical pain and suffering
• Mental anguish or suffering
• Anxiety, depression, or other psychological harm caused by the accident
• Loss of enjoyment of life
• Loss of companionship or consortium

General losses can never really be repaid, but the law only has one method to address most losses after an accident—pay you money for them.  Your attorney will be able to help you estimate what these losses may be worth for your legal case. 

How do you prove your losses after an accident?

It seems like no matter how much in damages you request, the defendant will always challenge the total amount of your losses.  You need to present evidence and testimony to prove the value of your injuries in any type of legal case.  Some of the most important evidence you can gather will include things like:

• Your medical records
• Your testimony regarding your experience, treatment, and changes in your life since the accident
• Others’ testimony about your pain and suffering, quality of life, and more
• Your doctor’s opinion regarding how long you need treatment in the future for injuries associated with the accident
• Estimated costs of medical treatment you will need in the future
• Information and data regarding your wages before and after the accident

You may need expert opinions to predict what your losses will be in the future as well.  John Foy & Associates can help you gather and present the evidence you need to show the full extent of your losses after an accident.  We have over 20 years of experience representing accident victims just like you in Georgia.  Fill out the form to your right or call us at 404-400-4000 to get your FREE consultation today.