In any personal injury case in Colorado or other states, calculating the exact amount of your damages is vital so that you receive a fair and just settlement.
Being fairly compensated for serious or even catastrophic injuries due to another person’s negligence is essential so that you can recover fully and recover any lost pay.
As you are considering your next legal steps for your personal injury case in Colorado, it’s time to crunch the numbers to determine exactly what your injuries are worth.
What Is Considered Pain And Suffering?
You need to save all of your medical bills and receipts so that you can be compensated for all of those expenses.
However, you also need to keep in mind any future medical costs you may incur. If you have not yet fully recovered from your injuries, you may have to calculate how much those additional medical bills and doctor visits will cost.
We encourage people to use our infographics, with proper attribution. Just copy and paste the code below to use this infographic on your site. If you need help, let us know!
What Is Loss Of Consortium In Personal Injury Claims?
Lost wages also may need to be projected out into the future. Don’t worry: Assuming that you have retained a personal injury attorney or plan to, he or she can easily help you add all of these up.
Obviously, pain and suffering damages are the most difficult to calculate in a personal injury lawsuit or settlement. There are two major ways that insurance companies use to calculate general damages.
Do You Need A Lawyer For A Personal Injury Claim In Ga?
The first is to use a ‘multiplier.’ This means that the insurance company will add up all of your special damages that are simple to calculate and multiply it by a number between 1.5 and 4 or 5, on the higher end.
The multiplier is the method that is used by insurance companies most often to calculate non-economic damages. The major sticking point in most settlements or lawsuits will always be how high that multiplier is going to be.
Tip: If you want to increase the chances of getting a higher multiplier, do your best to fully document your injuries as much as possible. Keep a journal that details how much pain and suffering you are experiencing. Note the activities that you are missing that you normally enjoy. Also, make certain that all of your injuries are well documented by your primary physician. You can see our sample post-accident journal form here, free to download and print out.
What Are The Stages Of A Personal Injury Lawsuit?
The other way that pain and suffering can be calculated in Colorado is through using a daily rate, or ‘per diem.’ The concept here is to demand a dollar amount for every day that you had to live with your injuries.
The difficult part with the per diem method is to legally justify the daily rate you use. A smart way to ensure that the per diem is ‘reasonable’ in the eyes of a judge or jury: use your daily pay rate. Your argument is that having to deal with the pain and suffering of your injuries each day is worth at least what you make at work.
If you are dealing with injuries that serious, you definitely will want to retain the services of a Colorado personal injury attorney. He or she will be able to calculate a fair and just range of settlement based upon similar verdicts and settlements in your area.
The Difference Between Worker's Compensation And Personal Injury In Georgia
Unfortunately for some personal injury victims with catastrophic injuries, there is a cap in place in Colorado for punitive damages in C.R.S. 13-21-102.
It may not seem fair – imagine for example if a person loses a limb or is blinded due to the recklessness of another party – but Colorado law is that punitive damages can only be as high as the actual damages awarded to the victim.
This cap means that the largest portion of personal injury compensation is usually the economic portion. What this means in the real world: The lives of lower wage earners in Colorado are often deemed to be worth less than people who earn a high salary.
Georgia Personal Injury Guide
CRS section 13-80-102 states that ‘tort actions’ that include ‘actions for negligence’ have to be begun two years after the date of the accident. One exception is when an automobile is involved. See details on Colorado statutes of limitation here.
This statute of limitations is especially critical for loved ones who lost a loved one due to the negligent actions of another party. In such a tragic case, the last thing you may want to think about is a lawsuit. However, you still have just two years from the date of the accident to file a wrongful death lawsuit (see CRS 13-21-201).
Even if you are confident that your personal injury or wrongful death suit is clear cut, you are wise to leave yourself plenty of time. You should consult with an experienced Colorado personal injury lawyer as soon as possible after the accident.
Calculating Damages In A Georgia Personal Injury Case
In most cases, consulting with an attorney in a personal injury case is free, so you really don’t have anything to lose. See our Friend of lawyer for Colorado.
Tell your story - What would you want others to know? Tell us what happened in your accident, and how life has changed for you.This page will look at Georgia personal injury lawsuits and how much they are worth. We will provide a general overview of some key aspects of Georgia tort law, including the types of damages plaintiffs can get under Georgia law and how long they can wait to file. We will also look at the average settlement value of Georgia personal injury lawsuits.
Under Georgia law, anyone who is physically injured by the negligent or reckless conduct of another person or entity is entitled to hold that person financially responsible for the “damages” caused by the injuries. Damages are intended to make the plaintiff whole by restoring them to the position they were in before the injuries. In Georgia, personal injury plaintiffs are entitled to 3 different categories of damages:
How To File A Personal Injury Lawsuit In Georgia [4 Steps]
Many states have enacted laws imposing caps on the maximum amount of damages that plaintiffs can be awarded in personal injury lawsuits. Georgia does not impose any damage cap for personal injury cases involving auto accidents, premises liability, products, and other types of injuries.
That law (GA Code §51-13-1), limits the amount of pain & suffering damages a plaintiff can get in a medical malpractice case to $350, 000 from an individual defendant.
In Atlanta Oculoplastic Surgery v. Nestlehutt, 691 S.E.2d 218 (Ga. 2010), the Georgia Supreme Court refused to apply the statutory damage cap on the grounds that the law violated Georgia’s state constitution. The damage cap law remains on the books in the Georgia Code, although its validity is doubtful in light of the
Is Georgia A No Fault State For Car Accident Injury Claims?
All states have statutes of limitations laws that set time limits on how long a plaintiff can wait to file a lawsuit. In Georgia, the statute of limitations for filing a personal injury lawsuit is 2-years from the date that the claim “accrues.” GA Code § 9-3-33 If prospective plaintiffs in Georgia don’t file their injury lawsuit within the 2-year limitation period, they will be permanently barred from filing suit.
Georgia follows the “discovery rule” for purposes of determining when a “claim accrues” and the 2-year limitations period begins. Under this doctrine, a claim accrues when the plaintiff knows or reasonably should known that they potentially have a legal claim against the defendant.
In auto accident cases, the claim accrues on the date of the accident because any reasonable person should understand that they have a claim against an at-fault driver. In malpractice cases, however, the date when the claim accrues can be much more complicated.
Ga Workers' Comp Statute Of Limitations
The potential value of a Georgia personal injury lawsuit in a settlement or trial depends on a number of different factors, but the most important factor is the severity level of the plaintiff’s physical injuries. Cases involving more serious, permanent injuries have a higher settlement value. The chart below shows average settlement values for Georgia personal injury cases based on injury level.
There are several other factors that have a significant impact on the potential value of an injury case in Georgia. The type of personal injury case (e.g., auto accident vs. medical malpractice) often makes a big difference, in part because of the amount of available insurance to cover any damages.
In many auto accident cases, for example, the value of a case is limited to $150, 000 – $200, 000 (or even less) because that is the maximum policy limit for auto insurance policies.
Personal Injury Facts
Another major factor driving the value of Georgia personal injury cases is what jurisdiction the case is in. Georgia is a state with a very broad range of socio-economic demographics. If you have a personal injury case in Atlanta or DeKalb county it is going to have a much higher value because juries in these locations are more plaintiff-friendly compared to juries in rural parts of
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