Guide To Calculating Personal Injury Settlments in Geogia

Jan 18, 2025

How Personal Injury Claims Are Valued In Georgia: A Comprehensive Guide

If you’ve been injured in an accident and have a personal injury claim, you’re likely wondering how personal injury lawyers determine the value of your case for settlement purposes.

Ted Spaulding Q&A | How Personal Injury Claims Are Valued

This Q&A video by Atlanta based attorney Ted Spaulding and the following blog post will walk you through the process, key factors, and insider tips on how trial lawyers like us approach these claims in Altanta, GA.

The Key Components of Personal Injury Case Valuation

Personal injury claims are valued based on three primary components:

Medical Expenses
- Past Expenses: The total cost of medical care received to date, including hospital bills, treatments, medications, and more.
- Present Expenses: Ongoing medical care costs related to the injury.
- Future Expenses: Projected costs for long-term care, surgeries, therapies, or other necessary treatments.
Lost Wages
- Past Wages: Income lost due to time off work immediately following the injury.
- Present Wages: Earnings lost if you’re still unable to work.
- Future Wages: Potential loss of earning capacity if your injury prevents you from returning to your previous job or career path.
Pain and Suffering
This is often the largest component of a personal injury claim, encompassing:
- Physical pain and discomfort.
- Emotional and mental anguish.
- Limitations on daily activities, hobbies, or quality of life.
- Long-term or permanent effects of the injury, such as mobility issues or inability to perform tasks you once enjoyed.

The Big Myth: Personal Injury Calculators

You’ve likely seen online “personal injury calculators” promising to provide an instant estimate of your claim’s value. Let’s set the record straight: these calculators are not reliable. They are marketing tools, not actual predictors of case value.

Insurance companies may use computer systems to assess claims, but true valuation is far more nuanced. Ultimately, it’s about what a jury of your peers would decide if the case went to trial.

Venue

The venue where your case would be tried plays a critical role in determining its value. Different venues vary widely in how juries perceive and value pain and suffering.

Conservative Venues: Often result in lower verdicts, especially for pain and suffering, due to less plaintiff-friendly attitudes.
Liberal Venues: Typically more favorable to plaintiffs, with higher awards for non-economic damages.
Socioeconomic Factors: Juries in affluent areas may view damages differently than those in lower socioeconomic regions.

A Tip for Evaluating Your Case

When assessing your claim, think beyond the obvious medical bills and lost wages. Consider the full scope of how your injury has impacted your life—both now and in the future.

Ask yourself:

How has my daily routine changed?
What activities or hobbies can I no longer enjoy?
Am I experiencing ongoing pain, anxiety, or depression?

Factors That Can Increase the Value of Your Claim

Certain unique aspects of your case can significantly boost its value, including:

Severe injuries caused by large vehicles or other obvious incidents.
Clear evidence of the other party’s negligence.
Long-term or permanent disabilities resulting from the injury.

Why Pain and Suffering Is the Hardest to Value

Pain and suffering is subjective and varies widely depending on the jury’s perspective. This is why understanding the venue and potential jurors is so important. Jurors bring their own life experiences and biases to the table, which influence how they evaluate non-economic damages.

Conclusion

Valuing a personal injury claim is a complex process that requires an in-depth understanding of the law, the local venue, and the unique aspects of your case. The most important takeaway? There’s no one-size-fits-all formula. Each claim is unique, and working with an experienced personal injury lawyer can help you navigate the process and maximize your compensation.

If you have questions about your claim, reach out to Spaulding Injury Law for a free consultation. We can help you understand the factors affecting your case and advocate for the compensation you deserve.

Call Your Local Spaulding Injury Law Location

We proudly serve Fulton County, Forsyth County, Gwinnett County, and all of the metro-Atlanta area. Click below for the personal injury office near you.