Under O.C.G.A. § 40-6-394, a serious injury in a car accident in Georgia is when a driver:
- Caused organic brain damage that renders the victim’s body or part of their body useless
- Rendered a member of the victim’s body useless
- Deprived the victim of a member of their body
- Disfigured the victim’s body
It is important to note that serious injury by vehicle does not have to happen out of malice. Even if the party at fault did not intend to drive in a manner that causes unreasonable risk, they could still face charges. Our attorneys will explain what serious injury is for car accident cases and help you recover all the damages suffered as a result of the crash.
Types of Serious Injuries From Car Accidents in Georgia
Injuries arising from car accidents range from minor to severe injuries. If the at-fault driver was negligent and caused an accident which resulted in severe injuries, you can hold them accountable for their actions and seek compensation for your damages. If you wonder what a serious injury in a car accident means, your lawyer can help you understand your case and the legal options available.
Generally speaking, though, some of the car accident injuries that fall under serious injuries include:
- Dismemberment
- Disfigurement
- Broken bones and fractures
- Loss of consciousness
- Partial or total loss of hearing or sight
According to 42 USC § 3796b, a serious injury must permanently prevent you from doing any gainful activity. With this information in mind, a judge or jury will determine what can be considered to be a serious injury after a car accident.
You Might Be Eligible to Collect Your Damages After a Serious Injury Accident
If you suffered injuries in a car accident, you might be entitled to monetary compensation. The monetary rewards are meant to help you become financially whole again. In Georgia, there are three types of damages you should know about if you are pursuing a civil case against another person.
These damages include:
- Special damages
- General damages
- Punitive damages
Special Damages
These damages hold monetary value. They include:
- Medical expenses: This category covers all the costs associated with your treatment, including ambulance fees, emergency room, hospitalization fees, physician’s fees, medications, rehabilitation fees, and more. Georgia personal injury damages also include any future treatment costs that occur due to the injuries.
- Property damage: When involved in a car accident, your vehicle and personal items that were in the vehicle at the time of the accident may be damaged. You could collect a fair market value of the vehicle and personal items at the time the loss is incurred.
- Lost wages: When an accident occurs and you suffer serious injuries, you might not be able to go to work immediately. As such, you need the time to recover from your injuries. It is during this time that you may lose wages. In some cases, victims are unable to ever return to their former work. In both scenarios, the victims of the accident are entitled to recover compensation for the lost wages and for their loss of earning capacity.
General Damages
General damages may not be as straightforward as special damages. Due to their intangible nature, they may require some complex calculations. These damages include:
- Pain and suffering
- Mental anguish
- Disability
- Loss of quality of life
- Scarring and disfigurement
Punitive Damages
In addition to the compensatory damages that you may recover, it is possible to recover punitive damages. Punitive damages are not meant to be compensatory; they are meant to punish the party at fault for their actions.
If Your Loved One Passed Away From a Serious Injury in a George Car Crash
If your loved one lost their life due to serious injury in a car accident, you may have grounds to bring wrongful death action against the liable party. Such damages you could seek include:
- Final medical expenses
- Burial and funeral arrangement costs
- Loss of household services
- Loss of consortium
- Loss of inheritance
Talk to Our Georgia Car Accident Lawyers Today
At George Sink, P.A. Injury Lawyers, we are ready to help you fight for justice. If you or a loved one suffered serious injuries caused by another’s negligence, we will hold the at-fault party accountable and work to recover all your damages.
Because we operate on contingency, you will never have to pay any expenses unless we win compensation for you*. Call our firm today for a free initial consultation.