Why Georgia Car Accident Settlements May Vary for the Same Injury 

Key Points: 

• All accidents, their claims, and their settlement amounts are unique 
• Even accidents and injuries which seem identical have important differences and will result in differing settlement amounts 
• There are important variable factors that can impact  your settlement amount 
• Gathering solid evidence about your unique accident and the damages it caused is critical to ensuring  any settlement  
• Knowing as much as possible about recent and historic settlements of accidents similar to yours can help maximize your potential compensation 

Table of Contents

What is a Car Accident Settlement and When is it Binding? 

A car accident settlement is actually an enforceable contract. It is a legal agreement between the parties involved in a car accident, where the at-fault party or their insurance company agrees to pay a sum of money to the injured party (or parties) to compensate them for the damages they suffered as a result of the accident.  A settlement becomes binding when the injured person or their attorney agree to settle an injury case for a certain amount. If an insurance company or a defendant refuses to pay after a settlement has been agreed upon, a motion or lawsuit to enforce settlement can be filed in Court to enforce the settlement, much like many other contracts – like an agreement to purchase a car or property.

Why All Car Accident Injury Claim Settlements are Not Created Equal 

There is no “Average Settlement.”  

Each accident is unique and settlements will reflect the differences between one accident and even accidents that seem to have identical injuries. People often look all over the internet for an “average settlement” amount for an accident, but those numbers are generally only a guideline and may, in some cases, be wildly inaccurate. Read on for some of the reasons there is really no such thing as an “average” settlement.

What Factors Make the Difference in a Georgia Personal Injury Settlement? 

The damages that combined make up the settlement in an accident claim can include medical expenses, lost wages, property damages, pain and suffering, and loss of quality of life.  The amounts of each of these categories of expense are hardly ever exactly the same for any cases compared. This alone accounts for some of the variation between settlement amounts for seemingly similar cases.

Settlement amounts are also largely driven by the severity and permanency of injury – and the amount of insurance available to cover the injury incident. We have seen cases with very small medical bills settle for over $1 Million Dollars when the injury was very severe, such as the loss of an eye or a limb. On the other hand, some accident victims may have millions in medical expenses from a long hospital stay or multiple surgeries, but be limited in the amount they can recover due to the at-fault driver being minimally insured and lacking other significant assets.

Settlements for these damages are usually reached through negotiation between the injured party or their lawyer and the insurance company or attorneys representing the at-fault driver after the case has been thoroughly prepared for negotiation or trial.

What Are The Key Factors That Georgia Attorneys and Insurance Companies Use to Value Injury Claims and Cases?

There are many reasons why settlement amounts can vary significantly from one auto accident to another. One might imagine that a broken leg is a broken leg and the compensation should be the same, but it is unreasonable to expect that to be the case. Each accident has its own set of circumstances and each one can alter the settlement amount. 

Here are some of the key factors that can influence the amount of compensation awarded: 

• Severity of Injuries: This is often the biggest factor. More serious injuries, with longer recovery times and higher medical bills typically lead to larger settlements. Victims who are impacted more by his/her injuries because of age or infirmity, longer hospital stays or extended recovery time may see a significant increase the settlement. Minor injuries or no injuries at all will generally result in smaller or no compensation. 
• Age and Health of the Victim: When there are permanent injuries, the victim may suffer from his/her injuries for a longer period of time. When a victim is older or more infirm, he or she may not be expected to ever heal fully. This would include victims who have pre-existing conditions, such as diabetes, which can complicate their recovery may also factor into the calculations. This can increase the amount of the settlement since the injuries are seen as more permanent and potentially producing more suffering. 

• Property Damage: The extent of damage to vehicles and other property will also play a role. A totaled car and damaged infrastructure will cost more to repair or replace than a few scratches. 
• Lost Wages and Earning Capacity: If you miss work due to the accident and/or your ability to earn is permanently impacted, this will be factored into the settlement. The longer you’re out of work and the higher your income, the more significant this impact will be. Naturally, in these situations, the age of the victim becomes even more impactful. A young person whose income will be changed for a longer period of life is apt to see a larger settlement than an older or retired individual. 
• Pain and Suffering: This is a more subjective category, but it can still be a significant part of a settlement. It covers the physical and emotional pain and suffering you experience as a result of the accident. 
• Fault and Liability: Determining who was at fault for the accident is crucial. If you were completely at fault, you may not be eligible for any compensation. However, if the other driver was primarily or entirely at fault, this will strengthen your case. 
• Evidence and Negotiation: The quality of your evidence (medical records, police reports, witness statements, etc.) and the skill of your lawyer in negotiation will also play a role in the final settlement amount. 
• Insurance Coverage: The amount of insurance coverage available to the at-fault driver or their insurance company could set a ceiling on the potential settlement. 
• Other Factors: Other factors that can be considered include the number of people involved in the accident, the emotional impact on the victim, and the long-term consequences of the injuries. 

It’s important to remember that every car accident is unique and there is no “one size fits all” answer to how much a settlement might be worth.

How Past Settlements Can Sometimes be Used to Predict the Settlement Value of Your Georgia Car Accident Case 

In the process of settlement negotiations among lawyers, previous cases rise to the top as reliable ways to predict compensation amounts. By looking at recently settled claims, lawyers from both sides can compare the facts around the accidents and the injuries and arrive at a settlement amount based upon those circumstances.  Thus, How similar recent claims have been settled or valued by judges and juries is one key component to arriving at a settlement amount.

Settlements can also be influenced by jurisdiction and geographical location, so lawyers strive to find claims settled in your State or city. In the end, your lawyer will seek to find historic claims as similar to your circumstances as possible in order to find a settlement amount from which negotiations can begin. 

Ultimately, lawyers strive to achieve the best possible outcome for their clients while balancing the realities of evidence, damages – including mounting medical costs, and the potential risks involved in actually taking a claim to court. The negotiation process is often a delicate dance, requiring a strategic and nuanced approach to reach a fair and satisfactory settlement when all is said and done. 

Is a Settlement Even Guaranteed? 

No. It is not. 

Many accident victims in Georgia seek compensation for their injuries, but there are a number of situations that can make them ineligible for compensation. Here are some other reasons: 

Fault and Liability: 

• Shared Fault: Georgia follows a modified comparative fault rule. If you were found to be more than 50% responsible for the accident, you cannot recover any damages. Even if you’re less than 50% at fault, your compensation will be reduced by the percentage of your fault. 
• No At-Fault Driver: If no negligence can be established on anyone’s part, or the accident’s cause remains unknown, there may be no party to hold liable for compensation. 
• Intentional Acts: If your injuries were intentionally caused by yourself or another individual, compensation through accident claims is unlikely. 

What Evidence and Documentation Will be Needed to Settle a Georgia Injury Case?

• Evidence You Will Need: To recover compensation for a car accident claim, you must be able to prove that the other driver was at fault and that your injuries were caused by the crash. To prove your claim, you must prove a case against the at-fault driver, which means you need to collect the police report, 911 calls, photos and videos taken at the scene, and statements from any eyewitnesses. You will also need medical records that show the cause and extent of your injuries, including ambulance bills, hospital bills, doctor visits, follow-up treatment, and physical rehabilitation. 
• Prompt Medical Treatment: After a car accident, it’s crucial that you seek medical attention right away, both for your own well-being and to build a strong injury claim. The insurance company will look for any reason to deny or reduce your compensation, so if you don’t seek treatment immediately after the crash it may argue that your injuries weren’t caused by it. Alternatively, the carrier may argue that your injuries could not have been severe if you didn’t need to see a doctor until later. Some types of injuries can worsen after a few days or weeks, and a thorough examination by a doctor is necessary to diagnose and treat your symptoms as well as create a record.  
• Battling Insurance Company Arguments that your Injuries are Pre-Existing: If you’ve been hurt in an accident before, the insurance company will look for a prior injury that never fully healed or developed some other condition such as arthritis. The insurance company may try to use your pre-existing condition against you by arguing that your new injuries already existed or your old ones were not made any worse. You or your attorney will need to show that the accident caused new injuries or aggravated your pre-existing ones to win compensation. To recover damages, you will need to present medical records from before and after the accident that document the changes to your health. 

Legal and Procedural Obstacles: 

• Time Limits: In Georgia, there is a two-year statute of limitations to file a legal claim for personal injuries, which means that if you need to file a lawsuit to recover compensation, you must do it within two years from the date of the accident. If you wait too long to file, your claim will be barred, and you won’t receive compensation. 
• Coverage Limits: If another driver is responsible for the accident that caused your injuries, their insurance company must cover your damages up to the liability policy limit. In Georgia, the minimum amount of liability auto insurance drivers must carry is fairly low: $25,000 per person and $50,000 per accident for bodily injury. Many drivers opt for more coverage than the minimum requirements, but the limits may still be too low to cover the total cost of your accident if you suffer serious injuries. 
• No Insurance: Even though all drivers are required to carry liability auto insurance under Georgia law, there are still people who illegally drive without insurance coverage. If your accident was caused by a driver with no insurance, your only options for recovering compensation are filing a lawsuit against the at-fault driver’s personal assets (which are often minimal if they can’t afford insurance) or filing a claim against your own uninsured/underinsured motorist insurance policy. 
• Coverage is Excluded: Although most injury claims are covered by auto insurance, insurance policies typically list exclusions in the terms and conditions. Most policies exclude coverage if the at-fault driver intentionally causes an accident, is not listed as a driver under the policy, is using the car without the owner’s permission, or is using the vehicle in a way that was not disclosed (for example, the car is covered by a personal policy but was used for commercial purposes). If the carrier determines that a policy exclusion applies, it will deny your claim, and you will either need to fight the decision or try to find another way to recover compensation. 

Other Challenges: 

• Victim was negligent: Even if another driver was at fault for the accident, it can be difficult to build a strong injury claim if you did something wrong or risky as well. For example, if you were driving under the influence of drugs or alcohol, street racing, or riding a motorcycle without a helmet when you were hit, you may be charged with violating Georgia law. Even if your actions did not directly cause the accident, a jury may find that your negligence contributed to it or caused your injuries to be more severe. Because Georgia is a comparative negligence state, the jury may reduce your compensation or award no compensation at all if it finds you at least 50 percent responsible. 
• Refusing a Settlement Offer: Most injury claims are settled out of court without the need to file a lawsuit. After you and your attorney collect all the evidence and determine the extent of your losses, you should understand what your claim is worth and demand that the insurance company compensate you for the total cost of the accident. If the insurance company responds by making a reasonable settlement offer, which means one that fully covers your losses up to the policy limit, and you turn it down to ask for more in a lawsuit, you run the risk of losing in court. If you lose in court after turning down a reasonable settlement, you will not only fail to recover compensation but may be responsible for paying the insurance company’s attorneys’ fees and court costs. 

It’s also important to remember that some insurance companies are more liberal than others in their willingness to offer reasonable compensation offers. Some insurance companies are more willing than others to take the risk of actually taking a matter to trial. This is an excellent reason to consider retaining a well-versed attorney who has experience settling accident claims. If he or she has been working with insurance companies for a long time, both parties in the negotiation know what to expect from the other. Such familiarity can lead to a faster and fairer settlement.  

How Georgia Personal Injury Attorneys Use Jury and Settlement Data to Evaluate Cases

Good personal injury lawyers pay close attention to other accident cases and how they are settled in order to stay abreast of strategies and possibilities for their own clients. It’s part of their job to understand the climate around settlements locally. 

Knowing what other recent settlements look like can help your lawyer as they negotiate a settlement for you. Your lawyer will work to find cases with circumstances as similar to yours as possible. He or she will then seek a comparable settlement amount using similar tactics. Relying upon settled law is one of many powerful tools available to experienced attorneys. 

Statistically, few accident claims actually go to court because to do so can be risky. This depends upon how the local courts have ruled previously and how willing the insurance company is to gamble on the outcome. Trial verdicts and settlement amounts that favor the injured party can lead to the insurance company’s being more inclined to settle in a way that benefits the victims before the claim goes to court. 

Finding and relying upon similar accident claims settled in your jurisdiction is, essentially, a way for your lawyer to “take the court’s temperature” and to better understand how the court might rule in your claim. This tells both your attorney and the insurance company’s legal team what might happen in the event your claim goes to trial.