“What’s my case worth?” That’s usually one of the first questions we get when someone walks into our office at Johnson & Alday, LLC. We wish I could give you a number right now. But I can’t, at least not without knowing the details of what happened to you. What I can do is explain how we figure out the case value. Once you understand what goes into that calculation, you’ll have a much better sense of where your claim stands.
Economic Damages Form The Foundation
These are your actual financial losses. The stuff you can prove with bills and receipts. Medical expenses from the ER, hospital stays, and doctor visits. Prescriptions you had to fill. Physical therapy sessions. Lost paychecks because you couldn’t work.
Your economic damages typically include:
- All your medical bills
- Prescription costs
- Physical therapy and rehab
- Wages you lost
- Future earning capacity if you can’t go back to your old job
- Property damage, like your totaled car
We gather every piece of paper we can find. Hospital bills, pay stubs, repair estimates. According to the Centers for Disease Control and Prevention, injuries cost Americans hundreds of billions in medical expenses and lost productivity every year.
Non-Economic Damages Address Intangible Losses
You can’t hand me a receipt for pain and suffering. There’s no bill for the fact that you can’t sleep through the night anymore, or that you had to give up coaching your kid’s soccer team, or that you’re dealing with anxiety every time you get in a car.
Insurance companies usually calculate non-economic damages using a multiplier. They’ll take your economic damages and multiply them by a number between 1.5 and 5, depending on how serious your injuries are. A Marietta personal injury lawyer who knows what they’re doing can argue for a higher multiplier when the injuries are severe or permanent.
Documentation helps. Medical records, therapist notes, and even a journal where you’ve been tracking your symptoms. All of that supports the claim that your life is genuinely different now.
Injury Severity Significantly Impacts Value
A sprained ankle that heals in six weeks won’t command the same settlement as a broken bone that heals completely, which in turn won’t be valued the same as a spinal injury that leaves you with permanent limitations. When we’re talking about serious injuries, we’re usually looking at cases that involve:
- Multiple surgeries
- Months of recovery time
- Permanent disability or impairment
- Major changes to how you live your life
- Ongoing medical needs for years to come
A traumatic brain injury that affects your memory and concentration for the rest of your life? That’s a completely different conversation from a soft tissue injury that resolves with physical therapy.
Liability And Fault Percentage Matter
Georgia has what’s called a modified comparative negligence rule. What that means in plain English is this: if you share some of the blame for what happened, your compensation gets reduced by your percentage of fault.
Therefore, if you’re 20 percent at fault and your damages are $100,000, you’d receive $80,000. However, there’s a catch. If you’re 50 percent or more at fault, you get nothing. That’s Georgia law under Georgia Code § 51-12-33.
Clear liability makes everything easier. When the evidence shows the other person was entirely responsible, we’re in a much stronger position during settlement negotiations. A disputed fault complicates things and can significantly reduce what you’re able to recover.
Documentation Strengthens Your Claim
The strongest cases come with complete medical records, a consistent treatment history, clear photographs of the accident scene and your injuries, witness statements, and detailed tracking of every expense.
Gaps hurt you. If you stopped going to physical therapy halfway through, the insurance company will argue you must not have been hurt that badly. If your story changes between the police report and your deposition, they’ll use that against you.
We work with our clients to build a thorough record from day one. It makes a real difference when we’re negotiating your settlement or presenting your case to a jury.
Get A Realistic Assessment Of Your Case
Every case is different. The severity of your injuries, the strength of your evidence, who was at fault, and what insurance coverage is available. If you’ve been injured in Marietta or anywhere in Georgia, come talk to us. We’ll review what happened, look at your documentation, and give you an honest assessment of what your case might be worth. Contact our team to discuss your situation and find out what compensation you may be entitled to pursue.