
If you’ve been injured in an accident that was someone else’s fault, Georgia law allows you to bring a claim for personal injury, and this claim should cover all of your losses and damages. However, one of the difficult things about bringing such a claim is properly calculating what compensation you should ask for and then fighting for that fair number. A personal injury lawyer in Atlanta has the experience needed to help you do both.
The first type of damages and losses to put into your calculation is your economic ones. These are also known as “special damages” and are everything that is quantifiable. The most common types of damages here will be lost wages due to inability to work and medical bills. You may also be seeking economic damages for a property damage and losses, as well, depending on the type of accident.
Even if your medical bills have already been paid by your insurance company, you still have the right to claim the full amount of all of your bills, including emergency transport and treatment at the scene of an accident, hospital stays in surgery, ER bills, and bills for any medications or physical therapy needed to get you back to full health. If your medical bills have already been paid by your insurance company, your insurance company will expect to be reimbursed for those expenses out of your settlement.
Your lost wages may include more than just the hours that you didn’t work. For example, if you typically worked a certain number of overtime hours, and those overtime hours were available while you were injured, you may be able to claim for these if you were able to show how often you consistently took that overtime when it was available. If you have a workplace situation where you accrue leave time, you may be able to make a claim to compensate you for this, as well.
Finally, don’t forget that your economic damages may include all kinds of other things that are genuine monetary losses but are not so obvious. For example, if you had to pay for an Uber or a taxi to take you to medical appointments because you were unable to drive yourself, you should claim these in your settlement. If you had to pay for childcare because you were unable to pick up your children from work or take care of them like normal, these out-of-pocket expenses should also be included. Your lawyer will help you to make sure that you’re not missing anything here.
Non-economic damages are sometimes called “general damages,” and many people think of them with the term “pain and suffering.” These are meant to compensate you not just for your pain but also for your emotional distress, bodily disfigurement, or loss of enjoyment of life due to an accident. These can be difficult to calculate for since they are by nature subjective. That makes these damages often the most contentious in any settlement discussions, and here in Georgia, the law requires the courts to come to an agreement about these damages based on “the enlightened conscience of a fair and impartial jury.”
One of the important things your lawyer will do for you is to help you make a case for what is fair and impartial when it comes to your non-economic damages. There are two common ways of calculating these damages.
The multiplier method calculates all your economic damages and then multiplies that by a number between one and five to get a total for your non-economic damages. The more catastrophic your injuries, the higher the multiplier number will be. So, for example, if you were in a car accident and broke your arm, and it was a clean break that healed normally without complication, you might have a multiplier of one or two at the most. However, if that car accident paralyzed you, your multiplier would be much more likely to be four or five. Since a simple arm break will also have much lower medical bills than paralysis, the difference in the payment for non-economic damages in these two cases would be huge.
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I was represented by T. Madden and Nicholas Schnyder on my car accident case. They and their staff were very professional, willing to answer any and all of my concerns. If they were not available, I would receive a call back within a timely manner. I am very satisfied with how my case came out and I would highly recommend their services.
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This firm did an amazing job. In meeting the gang over the period of the case, I can honestly say that each and ever person I was in contact with was professional and extremely helpful. I am humble and graciously blessed for their work. Thank Terrance Madden and Associates.
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Thank you so much to T. Madden and Associates. Your promptness, diligence and professionalism in handling my case was awesome. The end results was more than I could imagine. Thank you Attorney Madden, Rick Polk and Maya. God Bless!
I will like to publicly thank Mr. Watson, Mr. Madden, and Mr. Rick the dedication to he me handle my case and respect to me was outstanding. I mentioned that I wanted to publicly thank them because I want potential clients to know that this is a real review on behalf of a great team.
Professional and knowledgeable. Provides you with honest answers and the best possible advice towards your case.
T. Madden & Associates P.C. is the best in the business. They settled my case and I’ve received a large settlement.
It was good service , the office was friendly and my case was quick and efficient.
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Suffered injuries with a semi-truck, called this law firm. They took care of my case. Great people.
Great personal injury attorneys! Excellent service! Thank you for helping resolve my situation successfully (and promptly).
So glad to have found T Maddison and associates. I had a car accident and they assisted me in getting a great compensation. Thank you to the whole team.
Staff are incredibly attentive and welcoming from front to end. This group is very professional with the sensitive nature of my needs.
Tasha and Rick where amazing made sure to keep me updated when they had information. Also, they were great enough to stay open later for me. Thank you!
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Madden & Associates was recommended to me by a friend and they really hit it out of the park dealing with my vehicle crash lawsuit. Communication was always transparent, honest and responsive. I was always treated with respect and dignity and my worries we’re always addressed without being condescending (which I have dealt with in the past with other lawyers). Thank you Madden for showing up for me when I needed it the most. Highly recommend!
I thank you Terance Madden for not only being professional, courteous and knowledgeable, but also your experience. I really appreciate your passion for work and your compassion for your clients. You worked so hard for me. The dedication of your staff to getting a positive outcome for me, was extremely unique. You will never find a better attorney than Terance Madden and Associates. I hope I never need an attorney again, but if I do I will only contact T. Madden & Associates.
I had a case that was taking care of By T. Madden & Associates. Very professional and efficient. I didn’t have to lift a finger. All info was provided to me in a timely manner. I appreciate the courteous service. I recommend them any day.
I used TMAPC services for my car accident and the service was phenomenal! I’d definitely use them in the future.
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Attorney Madden handled my motorcycle accident and got me an amazing settlement fairly quickly and it was life changing. Thanks again.
Personal injuries due to another person’s actions suck!! I called this firm because I was referred. I am grateful. My initial call was answered by Natasha. She was kind and professional. Once my case was settled, I was contacted by Dee to come by and pickup my check. I would recommend calling this firm if you need personal injury help.
T.Madden & Assoc. Is a professional, outstanding, and honest law firm which is something that is rare. Their customer service skills and knowledge is impeccable!
T. Madden & Associatees is the best decision I could have made. They resolved my collision (auto accident) efficiently and with great results. They provide great service and I like how they give back.
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My nephew was involved in a car accident, this firm handles his case with professionalism and gave my sister the confidence she needed to trust things would be fine. Thank you for your hard work, reassurance and time.
T Madden & Associates were great! No one wants to need a lawyer, but if you do, you want someone to make everything easy. And, they made it easy, I made one phone call and they took care of the rest. They gave updates on the progress which was reassuring. I highly recommend them to everyone.
The multiplier method can sometimes be more difficult to use if you are bringing a case before a jury. A jury tends to just see that big number, and sometimes it strikes them as unfair, particularly if you’re bringing the case once you have mostly healed from your injuries. If it doesn’t “look” like you’re suffering, it can be harder for a jury to understand what you’ve been through. That’s why your lawyer might recommend the per diem method of calculating non-economic damages for your case.
With this method, instead of giving that big final number, you give a daily number, such as $100 for each day that you suffered from the injury. You can even give a range, such as $80-$120 a day. Sometimes juries find this easier to comprehend and are more likely to sign off on it, but only your lawyer can tell you what’s best to ask for in your case.
Punitive damages are very rare, and only a personal injury lawyer in Atlanta with experience of Georgia’s laws can tell you whether this is something worth asking for in your case. These damages are not designed to compensate you. Their purpose is to punish the liable party if it can be shown that their behavior was particularly egregious. For there to be punitive damages, you must be able to show clearly that the other party harmed you fraudulently or with malice, or that they were so grossly negligent that you can argue what’s known as the “presumption of conscious indifference.”
Two clients who were special needs students were being hit and abused by the paraprofessionals in a public school system. T. Madden & Associates took on the case and secured 1.25 MILLION Dollars against 1 of 4 defendants involved in the wrongful actions. The case remains open as T. Madden & Associates continues fighting for the policy limits of the remaining defendants; over $10 MILLION.
A father and son had a terrible valentine day when they found themselves the victim of a trucking collision. T. Madden & Associates initiated the case which led to the clients receiving over 3.25 MILLION Dollars.
A group of employees were experiencing a hostile work environment (HWE) and sexual harassment, prior to T. Madden & Associates was able to have the perpetrator fired and the ladies 1.25 MILLION Dollars.
Client was involved in a collision with a Yukon while driving his Honda motorcycle. The injured party was taken to the emergency room. The call was made to the firm from a hospital in Columbus, GA. We were able to serve the client as if he was next door. T. Madden & Associates was able to recover the policy limits of $1.25 MILLION for the client.
T. Madden & Associates, P.C. was able to bring justice and $1,050,000 for a couple when nobody could tell them how their son wound up at the bottom of a swimming pool. Many think if nobody saw how the drowning happened, then there can’t be a monetary recovery. T. Madden & Associates would not accept that as a proper response. A wrong occurred and this law firm made the defendant’s pay.
Three persons were involved in a collision with a Marta bus in a case of distracted driving. The public trial resulted in a $960K recovery for the 3 victims.
Georgia has a comparative negligence rule, so anyone who is more than 50% at fault for an accident cannot claim any damages, but everyone less than 50% at fault can. However, their damages will be reduced by the same percentage as their fault. The idea here is to acknowledge that there can be more than one person responsible for an accident, and everyone should bear the costs of the consequences in proportion to their own degree of fault.
If you were at fault to some degree, your lawyer will help you to calculate what percentage of your damages are likely to be lost due to this rule. So, for example, if your damages are $50,000, but you were considered 20% at fault, you would lose $10,000 of your total damages in the end.
Whatever your situation, you should begin the process of calculating what your damages are by talking to an experienced personal injury attorney. Your attorney will make sure you don’t miss anything in your calculations and then help you argue for it convincingly, both in settlement discussions with the insurance company and in the courtroom, if it comes to that.
For experienced and aggressive representation in your personal injury lawsuit, contact us at T. Madden & Associates, P.C. in Atlanta, Jonesboro, Augusta, or Decatur, GA today.