Claims for personal injuries suffered in an auto accident fall under the general category of tort actions. A tort is nothing more than a civil wrong for which a remedy may be obtained in the form of damages. In the context of an auto accident, the civil wrong is the negligent operation of a motor vehicle. In other words, whatever action the other driver took or did not take that caused the accident and your injuries.
Under Georgia law, you may only recover once for your injuries sustained in an auto accident. This is so litigation has finality and does not become an endless succession of claims. Therefore, all claims for your personal injuries must be presented at one time. However, Georgia law permits you to settle your claims for property damage separate from your claims for personal injury. This allows you to be paid for the damage to your vehicle while you continue to treat for your injuries.
Compensation is the underlying principle that guides the determination of damages in a personal injury action. Compensatory damages are divided into two broad categories: special damages and general damages. Special damages include payment for your medical expenses in addition to compensation for lost wages. General damages provide compensation for pain and suffering as well as payment for any diminished capacity to work and labor you may have suffered.
In addition to claims for special and general damages discussed above, there are several other claims you may be able to assert based on the particulars of your accident and injuries. These include claims for punitive damages (damages meant to punish and deter), interest on damages awarded, and attorneys’ fees. Furthermore, your spouse may be entitled to assert a claim for loss of consortium. A loss of consortium claim compensates your spouse for the loss of your services, society, and companionship (your ability to perform household chores, take care of the kids, etc.).
As you can see, there are a wide variety of claims that may be asserted to provide compensation for injuries sustained in an auto accident. Insurance companies take advantage of this complexity and will often offer to settle your personal injury claims for less than the full amount you are entitled to receive. The attorneys of McConnell, Sneed & Cohen have the knowledge and experience to guide you through the claims process and ensure that you receive the compensation you deserve. Contact us today to schedule a free initial consultation regarding your injuries.

