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Are there damage caps for car accident injury claims?

Cathey & Strain
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    • Dennis T. Cathey
    • David A. Sleppy
    • Matthew A. Cathey
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Are there damage caps for car accident injury claims?

Damages refer to the amount you can recover to compensate for your injuries after a car accident. However, states may impose limits or damage caps on the amount you may receive. In general, states enforce financial caps on two types of damages: compensatory and punitive.

No compensatory damages cap in Georgia

Fortunately, Georgia does not impose caps on compensatory damages or actual damages. The court awards compensatory damages based on proven harm, injury or loss. You may recover total compensation for your bills and lost workdays due to severe car accident injuries as long as you provide sufficient documentation.

Both economic and noneconomic damages do not have damage caps. These damages include:

  • Lost income
  • Medical bills
  • Property loss
  • Wrongful death
  • Physical pain and emotional suffering

Conditional damages cap for punitive damages

The state limits most punitive damages to $250,000. Judges typically award punitive damages as punishment to the defendant.

Georgia is an at-fault state. If the court finds the other driver guilty of causing the accident due to grossly negligent behavior, you may receive punitive damages on top of the compensatory damages.

However, the punitive damages cap does not apply to cases involving:

  • Product liability
  • Defendants with impaired judgment due to alcohol, drugs or similar substances

Maximize your personal injury claims

Receipts for medical procedures and records of your daily wage will help the court accurately determine your financial losses. Meanwhile, records of the extent of your injuries and the expected timeline of recovery will help in calculating pain and suffering compensation.

Documentation is key to maximizing your injury claims. A personal injury attorney can offer more guidance on what documents to submit to strengthen your claims. More importantly, they can advocate for your rights and help you receive your rightful compensation.

Cathey & Strain
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Cornelia Office
649 Irvin Street Cornelia, GA 30531
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150 E. Ponce de Leon Ave Decatur, GA 30030
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403 Green Street, Gainesvile, GA 30501
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