When you are injured in an accident, some financial implications are often immediately apparent: medical bills, lost wages, and other out-of-pocket expenses.
However, there is another category of damages that, while less tangible, is no less real—noneconomic damages. These damages encompass an injury’s emotional and psychological impacts.
Understanding and quantifying these damages is crucial for anyone seeking full compensation for their injuries. This post will explore what noneconomic damages in Georgia include, how they differ from economic losses, and the various types that might apply to your situation.
For a free consultation, contact our experienced Atlanta, Georgia personal injury attorneys by calling (770) 988-5252 or sending an online message today.
What Are Noneconomic Damages?
Noneconomic damages are awarded in personal injury cases for losses not directly quantifiable in monetary terms. These damages cover the intangible aspects of an injury, such as mental anguish, emotional distress, and overall reduction in quality of life.
Economic damages reimburse specific and tangible financial losses like medical expenses or lost wages.
Noneconomic damages are inherently subjective and vary significantly from one case to another. They address an injury’s impact on an individual’s overall well-being and daily life.
Types of Noneconomic Damages
In Georgia, several key types of noneconomic damages can be claimed, depending on the nature of the injury and its impact on the victim’s life.
Here are some noneconomic damages examples:
- Pain and suffering. This type of noneconomic damage compensates for the physical discomfort that comes from the injury. For instance, if you are involved in a car accident that results in chronic back pain or other permanent conditions resulting in impairments or disabilities, you could be compensated for both the physical pain and the ongoing discomfort it causes in your daily activities.
- Emotional distress. Often intertwined with pain and suffering, emotional distress covers the psychological impact of an injury. That might include anxiety, depression, or post-traumatic stress disorder. For example, a victim of a violent assault may seek compensation for the emotional trauma experienced, not just the physical injuries.
- Loss of enjoyment of life. This compensation is awarded when injuries prevent you from enjoying day-to-day activities and hobbies that were part of your life before the accident. A keen cyclist who can no longer ride due to a leg injury might claim damages for loss of enjoyment of life.
- Loss of consortium. Typically claimed by the spouse or family of an injured person, loss of consortium covers the loss of companionship, affection, and support. For instance, if an injury prevents a spouse from providing the same level of companionship or intimacy as before, they may be entitled to these damages.
Understanding these noneconomic damages and their applications helps clarify what compensation you can seek in a personal injury case.
These types of damages are crucial in acknowledging the full spectrum of an injury’s impact, compensating for the less visible, yet deeply personal, consequences experienced by an individual.
Factors Impacting Noneconomic Damage Awards
A variety of factors influence noneconomic damages in Georgia. These factors help to ensure that the compensation awarded aligns with the actual impact of the injury on the victim’s life.
Here are some key considerations that courts and juries evaluate when determining noneconomic damages:
- Severity of the injuries. The more severe and debilitating the injuries, the higher the potential for noneconomic damages. This assessment includes the immediate physical pain and the long-term health implications of the injuries.
- Duration of recovery. Longer recovery times often correlate with higher noneconomic damages, implying prolonged pain, suffering, and disruption to daily life.
- Impact on physical appearance. Injuries that result in scarring, disfigurement, or other changes to physical appearance can have profound emotional and psychological effects.
- Effect on daily life. It includes how injuries prevent engagement in daily activities, hobbies, and routines. The inability to perform household chores, participate in recreational activities, or maintain social relationships can all influence the calculation of damages.
- Comparison to pre-injury life. The contrast between the victim’s quality of life before and after the injury is critical. Significant deviations from the victim’s previous lifestyle can lead to higher awards.
- Permanent life changes. An injury can result in permanent disabilities or necessitate significant life adjustments, such as career changes or ongoing medical treatment. These factors significantly impact the assessment of noneconomic damages.
- Psychological impact. The emotional and mental health consequences of an injury, including conditions like anxiety, depression, or PTSD, are crucial factors in the evaluation process.
Each case is unique, and the specific circumstances surrounding an injury will determine the relevance and weight of these factors in calculating noneconomic damages. Given the subjective nature of these evaluations, it is highly advisable to consult with a knowledgeable personal injury attorney who can provide guidance tailored to your specific situation and help articulate the full extent of your non-financial losses.
Calculating Noneconomic Damages in Georgia
Calculating noneconomic damages in Georgia can be particularly challenging due to their subjective nature. Unlike economic damages, proven with clear bills and receipts, noneconomic damages do not come with a predetermined value. Instead, they require a thoughtful evaluation of the injury’s impact on the victim’s life. Here are the primary methods used in Georgia to assess these damages.
Per Diem Method
This approach assigns a daily rate to the victim’s pain and suffering, which adjusters multiply by the number of days the victim has or is expected to endure the suffering.
The daily rate can be based on various factors, such as the victim’s daily earnings, suggesting that each pain day has a financial equivalent. For example, if a daily rate of $100 is chosen and the individual suffers for 300 days, the noneconomic damages would amount to $30,000.
Multiplier Method
Frequently used in personal injury cases, this method calculates noneconomic damages by multiplying the total economic damages by a certain number (typically between 1.5 and 5), depending on the severity and permanence of the injury.
For instance, if a person incurs $20,000 in medical bills and lost wages and the severity of their injury warrants a multiplier of 3, the noneconomic damages would be calculated as $60,000.
Contact The Experienced Georgia Injury Lawyers at MG Law
If you or someone you know suffered injuries in an accident in Georgia, don’t underestimate the significance of noneconomic damages.
Our experienced team at MG Law is committed to helping you navigate the challenges of calculating noneconomic damages in Georgia.
Contact us online or call (770) 988-5252 today to schedule a free consultation. Let us help you understand the full scope of your legal rights and options.
Amer Ahmad is a trial lawyer at MG Law. He represents seriously injured clients who are going through some of the most difficult moments of their lives. Amer’s practice includes representing families in wrongful death cases and individuals seriously injured by motor vehicle accidents, negligently maintained premises, and defective products. As a former insurance attorney who knows the insurance companies’ playbook, he helps MG Law clients even the playing field and avoid insurance tricks. Due to his experience and results, Amer has been named a Georgia Rising Star by Super Lawyers and Atlanta Magazine from 2019 until 2024. Only 2.5% of all lawyers in Georgia are selected as Rising Stars.