Atlanta Personal Injury Lawyer Blog

>HOW MUCH IS MY CASE WORTH? Personal injury lawyers are often asked, "How much is my case worth?" There is never a clear cut answer to this question since the value of any personal injury case is ultimately decided by a jury if the case is not settled. Small differences in the facts of each personal injury case can make enormous differences in the potential value of the claim.

Damages in Georgia personal injury lawsuits often include the following:

(1) Past and future medical expenses;
(2) Past and future lost wages;
(3) Pain and suffering; and
(4) Punitive damages.

Punitive damages allow for money damages to punish a defendant for conduct that shows a reckless disregard for human life. Common examples of conduct that allows for punitive damages in personal injury claims include driving under the influence (DUI) and hit and run.

JURY VERDICT RESEARCH: Experienced personal injury attorneys place great value on jury verdict research to help determine the likely value of any personal injury or wrongful death claim. Jury verdict research helps by showing how much a case is worth in the different counties or venues. Jury verdicts can vary greatly depending on the venue. Venue is where the personal injury claim must be tried. It is usually the county where the defendant lives at the time the personal injury lawsuit is filed. Different counties begin to develop reputations for either producing high jury verdicts or low jury verdicts. Most Gwinnett County personal injury lawyers will agree that Gwinnett County is often more conservative (lower jury verdicts) than Fulton County or Dekalb County.

HOW MUCH PUNITIVE DAMAGES WOULD A GWINNETT JURY AWARD FOR DUI? This very issue was recently addressed by a Gwinnett County jury Hand v. Justice, No. 10-A-00675-8, a Gwinnett County personal injury lawsuit. This Gwinnett County personal injury claim involved a typical fender-bender involving a defendant was driving under the influence (DUI). On July 24, 2009, plaintiff Amber Hand was a passenger in a Honda Civic that was stopped at a traffic light when it was struck from behind by a truck.

What were the most important facts of this case in determining the likely value of this Gwinnett County personal injury claim?

(1) Ms. Hand suffered soft tissue injures which are often not permanent in nature.
(2) The property damage was minor which normally means the impact was less severe.
(3) The Defendant was driving under the influence of alcohol and had two prior DUI offenses.
(4) The Defendant asked the other driver not to call the police, failed a field sobriety test, and faked blowing into the breathalyzer machine at the police station.

The personal injury lawyers for the plaintiff asked for $100,000 in punitive damages before trial. The defense attorneys offered $15,000 in punitive damages before trial. After the case was tried, a Gwinnett County jury awarded $31,342.00 for the plaintiff with the following break down:

(1) $30,000 in punitive damages
(2) $842 in medical expenses
(3) $500 in pain and suffering.

This jury verdict is probably a good barometer of how much a Gwinnett County jury is likely to award for punitive damages when the injuries are minor, the medical bills are low, the property damage is low, but the defendant was guilty of multiple prior DUI offenses. Even though the jury was apparently disgusted by the multiple DUI offenses of the defendant and even wondered how he was able to keep his driver's license, the punitive damage award of $30,000.00 was much less than many punitive damage awards for these facts in other venues or counties.

Attorney Shawn Richardson of The Griffin Law Firm, P.C. believes that "it is very important to contact an experienced attorney for a free personal injury or wrongful death consultation to know your rights and to have a better idea of the settlement value of your case."