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Fault and Damages in Personal Injury Claims

Fault and Damages in Personal Injury Claims

Amber is heaven sent!! Amber and her team worked very hard on my case!! They checked on me while I had my weekly doctor visits. They were very detailed with my settlement. I didn’t have to second guess anything. I would recommend her to anybody who is in a car accident !! I’ve even referred my love ones who also needed her to represent them in an accident. She made my process as painless as possible. I wish I could give her 10 stars!!

Jeannette A., Client

I was referred to Amber by my daughter-in-law. I was involved in two rear end collisions in a three month period. She did an excellent job keeping me informed and explained everything to me, in a manner that I could understand. She followed through with me until I had my settlements.

Shirley H., Client

Amber Gilormo is a knowledgeable and hard working attorney. I would not hesitate to seek her counsel.

Kristen Pitts, Peer

The staff is awesome; thorough! They kept me informed!

Sanchez T., Client

Great Experience Wonderful Amazingly Service! I would definitely recommend to anyone who’s in need of attorneys 😎 They’re right ppl to go to for sure indeed!!

Client Review

I have had attorneys in the past that does not compare to Attorney Amber Gilormo. She handle all of my concerns and answered all of my questions in a timely manner, I never had to guess what was happening with my case I was always informed and kept to to date.

Client Review

Don’t answer the phone for attorneys who have bought your phone# after an accident — call Attorney Gilormo because you will not be disappointed.

Carla Robinson

No fees until we win


Our Atlanta Personal Injury Attorneys
Explain Fault and Damages in Accident Claims

Personal injury claims are far more complicated than many people realize.

No matter how straightforward you think your case may be, the insurance company and the other party will require strict proof that you are entitled to compensation. As a result, non-attorneys wind up settling their claims for far less than they are worth. Experienced and knowledgeable Atlanta personal injury attorneys help people get the compensation they deserve so that they can make a full recovery from their accident.

Our Atlanta Personal Injury Attorneys Explain Compensatory Damages

Under basic legal principles, you are entitled to be made whole if you have been injured as a result of someone else’s actions. To put it another way, you are entitled to be compensated for your losses. In legal jargon, the losses you suffer are referred to as your “damages.” As a result, when you pursue a personal injury claim, you are typically seeking “compensatory damages” – a monetary amount that is intended to pay you for your losses. Compensatory damages include both economic and non-economic losses.

Economic Losses in Georgia Lawsuits

Generally speaking, economic losses are those losses that represent a specific dollar amount. They are easily identified because they can be clearly documented. Economic losses in a personal injury typically consist of the following:

  • Unpaid medical bills
  • Lost wages or other income
  • Damage to personal property such as your car
  • Increased transportation costs because you cannot drive
  • Modifications to your home to address mobility issues

This is not an exhaustive list. One of the advantages of working with our Atlanta personal injury attorneys is that they can help you compile and document all of your losses suffered as a result of your accident.

Our Atlanta Personal Injury Attorneys Fight for Your Non-Economic Losses

If you’ve been injured through someone else’s fault, you are not limited to seeking compensation only for your economic losses. You are also entitled to seek compensation for your pain and suffering – the mental anguish and physical discomfort you experience as a result of your injury. Although pain and suffering are subjective in nature, any accident victim will tell you that they are very real. Georgia law expressly recognizes your right to pursue compensation for your pain and suffering.

Unfortunately, it can be quite difficult to assign value to your pain and suffering. Thankfully, Georgia does not establish a cap on damages for pain and suffering, allowing victims and their attorneys to seek as much as needed to recover and offer justice At the same time, there is no established formula to provide guidance. Some of the factors that can be used to assign a value to your claim are as follows:

  • The impact your injuries have on your day-to-day life
  • The severity of your injuries
  • Whether your injuries resulted in a permanent disability
  • Whether you will no longer be able to work in your chosen profession
  • The pain and discomfort normally associated with the injuries you have suffered

The experienced Atlanta personal injury attorneys at Gilormo Injury Law can help you determine the value of your pain and suffering and help you get the compensation you deserve.

Understanding Fault in Personal Injury Claims

In order to pursue a claim for compensation, you need to be able to demonstrate that the other party was responsible for your accident. In other words, you have to eventually prove that they were at fault. When it comes to personal injury cases, most claims fall into the following categories when it comes to proving fault:

  • Intentional harm. The other party intended to cause you harm. Assault and battery are examples of intentional harms.
  • Negligence. Most personal injury cases are based on negligence. Negligence is when someone didn’t intend to cause harm, but instead, failed to take reasonable care to prevent the accident that caused your harm.
  • Reckless or wanton actions. This is similar to negligent behavior in that the other party may not have intended to cause your injury. However, the other party’s behavior was beyond typical negligence, and in certain cases, may entitle you to additional compensation.

With these categories of fault in mind, our Atlanta personal injury attorneys then have to prove the following in order to prove your case:

  • The other party owed you a legal duty. For example, all motorists owe other drivers a legal duty to drive safely and follow the rules of the road.
  • The other party breached that legal duty. This is the step where you show that the other party intentionally, negligently, or recklessly caused your accident.
  • You were harmed as a result of the breach. This may seem obvious, but you need to prove that your injuries were sustained as a result of the accident.

This may all seem very straightforward, but it can be more complicated than it appears. Seemingly insignificant facts can make a huge difference in the outcome of your case. If you’ve been injured and believe someone else is at fault, our experienced Atlanta personal injury attorneys will know how to prove your claim and how the law will apply to your case.

About Punitive Damages in Georgia Personal Injury Lawsuits

While compensatory damages are intended to compensate you for your losses, punitive damages are intended to punish the at-fault party for egregious behavior. Many of our clients are understandably angry and frustrated by their injury and therefore want to pursue punitive damages. Unfortunately, as our Atlanta personal injury attorneys can attest, punitive damages are available in only a limited number of cases.

Georgia law allows for punitive damages in cases where the at-fault party’s actions were the product of willful misconduct or such recklessness that they indicate a complete disregard for the safety of others. For example, punitive damages may be available in a case where the other party intentionally ran a red light in an area crowded with pedestrians while under the influence of drugs or alcohol.

Punitive damages also require a higher standard of proof. In a typical personal injury claim, you only need to prove that the other party was negligent by a “preponderance of the evidence.” This means that the evidence must merely prove that the other party was more likely negligent than not. In a punitive damages claim, you must prove your case by “clear and convincing” evidence.

Call the Atlanta Personal Injury Attorneys at Gilormo Injury Law

At Gilormo Injury Law, we’ve dedicated our entire practice to helping injured people in the Atlanta area and across the state of Georgia get the compensation they need to get their lives back. If you’ve been injured and need help.  We serve clients in all of Greater Atlanta, including, Alpharetta and Cumming.

Contact us today at 770-343-7101 to schedule a free consultation with one of our Atlanta personal injury attorneys today.

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Amber is heaven sent!! Amber and her team worked very hard on my case!! They…

Jeannette A., Client

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