Types of damages you can recover for an accident in Canton, GA

Canton, GA – Accidents happen, but not all accidents are the same. When you’re careless and end up hurting yourself, you’ve got no one to blame but yourself. On the other hand, when you’re injured in an accident caused by someone else’s negligence, you can totally blame them and ask for damages. 

This applies to all sorts of accidents – car crashes, truck accidents, motorcycle accidents, slips and falls, defective products, medical malpractice, etc. If you were injured in an accident caused by another party, under Georgia law you have the right to file a personal injury claim against their insurance or sue them. 

 What types of damages are available for an accident in Georgia?

 There are two types of damages:

 Compensatory damages 

 These are basically meant to make you whole, or as you were before the accident. Obviously, this is not always possible so the next best thing is to compensate you for your losses.

Exemplary damages

Also known as punitive damages, these are meant to punish the party responsible for the accident. Exemplary damages are not available in all types of accidents. The law won’t punish someone for an error or a simple act of negligence. Punitive damages are awarded only in cases where the defendant had a particularly reprehensible conduct and showed utter disregard for the rights and safety of other people. As an example, a driver with a blood alcohol concentration (BAC) well over the legal limit will be punished for his conduct.

How are compensatory damages calculated in Canton, GA?

Compensatory damages fall into two categories:

 Economic damages 

These refer to your financial losses, such as medical expenses, property damage, and lost wages. For instance, a biker hit by a car should reach out to experienced Canton motorcycle accident lawyers and file a claim against the driver’s insurance. They can be compensated for the ruined motorcycle, the cost of their hospital stay, and the money they lost while they were off work. 

If you have sustained a severe injury it’s always advisable to wait until you’re fully recovered or until the doctors tell you there’s nothing more they can do for you. If you are left with some type of disability, your lawyers will help you calculate your future financial losses, which must be included in your claim

Keep in mind that, if you were injured in an accident caused by a bus driver you may have little time to sue. For most types of accidents, in Georgia, you have 2 years to file a claim. However, after a crash with involving a public transport bus, you may want to sue the local council, in which case you have only 6 months to file a claim. Your Georgia bus accident lawyers can help you understand how this sort of claim works. 

 Non-economic damages

Also known as pain and suffering damages, these are meant to compensate you for all you’ve been through since the accident. Such damages cannot be proved by bills of any kind, so you’ll need seasoned lawyers to help you put a figure on your physical and mental suffering. The amount of money you can get depends on the severity of your injuries, but keep in mind that, under Georgia law, there is no cap on pain and suffering damages.

 How much can I get under exemplary damages?

Since the aim of these damages is to punish the responsible party rather than compensate you, you won’t be getting much under exemplary damages. In most cases, exemplary damages are capped at $250,000 and 75% of that money goes to the state treasury.

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