Why This Question Matters More Than You Think
Every insurance adjuster who calls you already has a number in mind — the maximum they’re authorized to pay. That number is based on a formula you’ll never see. Your job is to make sure the number you accept isn’t the lowest they can get away with.
The 5 Factors That Determine Your Case Value
1. Medical Expenses (Current and Future) This isn’t just what you’ve spent — it’s what you’ll need to spend. Surgery, physical therapy, diagnostic imaging, prescriptions, and ongoing care. Insurance companies calculate based on bills submitted. We calculate based on your actual medical trajectory, including future treatment needs your doctor has documented.
2. Lost Wages and Earning Capacity If your injuries prevented you from working — or reduced your ability to earn what you earned before — that’s compensable. This includes missed paychecks, used PTO, lost commissions, lost bonuses, and diminished future earning capacity if your injuries are permanent.
3. Pain and Suffering Georgia law allows compensation for physical pain, emotional distress, and loss of enjoyment of life. There’s no formula in the statute — which means insurance companies use their own internal multipliers to lowball you. We use medical evidence, treatment records, and documented impact to demand the full value.
4. Property Damage Vehicle repair or replacement value, rental car costs, and personal property damaged in the crash.
5. Comparative Fault (O.C.G.A. § 51-12-33) Georgia’s modified comparative fault rule reduces your award by your percentage of fault. If you’re found 30% at fault on a $100,000 case, you receive $70,000. At 50% or more, you receive nothing. Insurance companies aggressively inflate your fault percentage to reduce their payout.
What Insurance Companies Don’t Want You to Know
- Their first offer is never their best offer. It’s their opening negotiation position — often 30-50% below what they’ll actually pay.
- They track your social media. Posts showing physical activity can be used to argue your injuries aren’t as bad as claimed.
- Pre-existing conditions don’t eliminate your claim. Under Georgia’s “eggshell plaintiff” doctrine, the at-fault driver takes you as they find you. If a crash aggravated a pre-existing condition, that aggravation is fully compensable.
- Quick settlements are designed to underpay. They offer fast cash before you know the full extent of your injuries.
