Non-Economic Damages in Georgia Personal Injury Cases

Non-economic damages are intangible and psychological losses. If you cannot easily count your losses in dollars and cents, you are likely dealing with non-economic damages.

Imagine suffering a broken rib in a Georgia car accident. Simply reimbursing your medical expenses isn’t enough to compensate you. What about the agony you felt with every breath while your rib healed? What about the fear and anxiety you endured while trapped in your car awaiting rescue?

Examples of Non-Economic Damages

The types of non-economic damages that may apply to a personal injury case will vary depending on the severity and nature of your injuries. Common examples include:

• Physical pain
• Emotional distress
• Disruption to health and vigor
• Disruption to normal living
• Disruption of enjoyment of life
• Diminished earning capacity or forced retirement
• The shock of impact and injuries
• Fear about the extent of injury
• Mental anguish
• Psychological trauma
• Loss of companionship
• Loss of consortium
• Disfigurement
• Humiliation
• PTSD (such as from a dog attack)
• Anxiety and depression
• Grief
• Loss of privacy
• Inconvenience
• Loss of dignity
• Scarring
• Embarrassment
• Impaired social relationships
• Reduced quality of life
• Loss of mobility
• Sleep disorders
• Loss of independence

Any loss arising from an accident that is inherently intangible may qualify as non-economic damages.

Proving Non-Economic Damages

In court, you must prove your right to recover non-economic damages using admissible evidence.

Burden of Proof: Preponderance of the Evidence

As the party filing the claim, you bear the burden of proof. Fortunately, you only need to prove your case by a preponderance of the evidence—enough to show that your claim is more likely than not to be true.

Evidence That Supports Non-Economic Damages

Effective evidence can include:

• Medical records documenting psychological treatment, therapy sessions, or psychiatric evaluations
• Expert testimony from mental health professionals
• Personal diaries describing your struggles, pain, and emotional state
• “Before” and “after” photographs or video footage, as well as social media posts, to show lifestyle changes
• Statements from family, friends, and coworkers about changes in your mood, behavior, and interactions
• Your own testimony about pain, suffering, and the impact of your injuries
• Physical therapy and pain management records
• Quality-of-life assessment reports from professionals

A skilled personal injury attorney can help gather and analyze evidence to prove your non-economic damages.

Wrongful Death and Survival Action Damages

If a personal injury victim dies due to their injuries, surviving family members may pursue a wrongful death claim. The estate may also bring a survival action for damages suffered before death.

• The victim’s estate can claim non-economic damages such as pain and suffering endured before death. (If the death was instantaneous, non-economic damages may not apply.)
• Surviving family members may seek non-economic damages for lost care, companionship, counsel, and advice.

A qualified personal injury lawyer can help families pursue all available non-economic damages after a tragic loss.

Suing vs. Settling

Most Georgia personal injury cases settle out of court. However, if you are seeking significant non-economic damages, it may be challenging to persuade the insurance company to agree to your demands during negotiations. Sometimes, the risk of a jury awarding substantial non-economic damages at trial encourages insurers to settle.

Book Your Free Appointment With a Georgia Personal Injury Lawyer

If you want to tell your story and explore your legal options, schedule a consultation today with Kunnatha Lawson LLC. Our team is dedicated to helping accident victims and their families recover all available non-economic damages. And remember: if you don’t win, you owe no legal fees.