When someone is injured because of another person’s negligence – whether in a car crash, a slip and fall, or another preventable accident – the law provides a way to seek compensation for those losses. In Georgia, these recoverable losses are called ‘damages.’ Understanding the types of damages available and how they are calculated is an important first step in knowing what your case may be worth.

1. Economic Damages: The Tangible Losses

Economic damages – sometimes called special damages – are the measurable financial losses caused by the injury. These are usually proven with bills, receipts, or records. Common examples include:

• Medical expenses: Hospital bills, surgeries, physical therapy, medications, and future medical care.
• Lost wages: Income lost due to missed work during recovery.
• Loss of earning capacity: When an injury impacts your ability to work or forces you to take a lower-paying job.
• Property damage: Repair or replacement costs for damaged property, such as a vehicle after a crash.

Economic damages are designed to make the injured person financially whole – to put them in the same position they were in before the injury occurred.

2. Non-Economic Damages: The Human Impact

Non-economic damages – sometimes called general damages – cover the very real, but less tangible, consequences of an injury. These include:

• Pain and suffering
• Emotional distress or mental anguish
• Loss of enjoyment of life
• Disfigurement or physical impairment
• Loss of companionship or consortium

Because these damages are subjective, they are often proven through testimony from the injured person, family members, or medical professionals who can describe how the injury changed the person’s life.

3. Punitive Damages: Deterring Reckless Conduct

Punitive damages are not meant to compensate the victim but to punish and deter particularly egregious behavior. Under Georgia law, these damages are only available when the defendant’s actions show willful misconduct, malice, fraud, wantonness, oppression, or an entire want of care indicating conscious indifference to consequences (O.C.G.A. § 51-12-5.1).

Punitive damages may apply in cases like drunk driving crashes or corporate misconduct. Georgia generally caps punitive damages at $250,000 in product liability cases and in cases where a defendant acted with specific intent to harm or was under the influence of alcohol or drugs.

4. Attorney’s Fees and Fee-Shifting Under Georgia Law

Typically, in Georgia, each party pays their own attorney’s fees—a principle known as the ‘American Rule.’ However, there are important exceptions where an injured person may recover attorney’s fees from the at-fault party.

Under O.C.G.A. § 13-6-11, a plaintiff may recover attorney’s fees if the defendant acted in bad faith, was stubbornly litigious, or caused the plaintiff unnecessary trouble and expense. For example, if an insurance company refuses to pay a valid claim without justification, the court may allow recovery of the plaintiff’s legal fees.

Additionally, under O.C.G.A. § 9-11-68, Georgia’s offer of settlement statute, if one party rejects a settlement offer and then fails to achieve a better outcome at trial, that party may be required to pay the other side’s attorney’s fees and litigation costs from the point of the rejected offer forward. This rule is designed to encourage reasonable settlements and discourage unnecessary trials.

5. The Bottom Line

Every personal injury case is unique. The damages available depend on the nature of the injury, the impact on the person’s life, and the conduct of the at-fault party. Having an experienced Georgia personal injury attorney on your side ensures that every potential category of recovery – economic, non-economic, and in some cases punitive – is fully evaluated and pursued.

At Zinns Law, our team fights to hold negligent parties accountable and help injured clients recover the full compensation they deserve under Georgia law. If you or a loved one has been hurt because of someone else’s carelessness, contact us today for a free consultation.