Sexual assault cases are profoundly traumatic and often leave victims with both physical and emotional scars. Beyond criminal prosecution, survivors have the right to pursue civil claims against the perpetrators and other potentially liable parties, such as property owners or employers, who failed to provide adequate safety measures.
A civil lawsuit seeks justice in the form of financial compensation, but understanding how damages are calculated in Georgia sexual assault cases can be complex. Here, our Atlanta personal injury attorneys at Ashby Thelen Lowry explain.
Types of Damages in a Georgia Sexual Assault Case
In Georgia, damages in a sexual assault case fall into three primary categories: economic damages, non-economic damages, and punitive damages. Each serves a specific purpose in addressing the harm caused by the assault.
Economic Damages: Tangible Costs
Economic damages aim to compensate for measurable financial losses incurred by the victim.
These may include:
- Medical Expenses: Immediate and ongoing costs for treatment, including hospital stays, therapy, counseling, and medications.
- Lost Wages: Compensation for income lost during recovery or due to the victim’s inability to return to work.
- Future Loss of Earnings: If the assault leads to long-term physical or emotional impairments that affect career prospects, victims may recover damages for reduced earning capacity.
Non-Economic Damages: Addressing Intangible Losses
Non-economic damages cover the less tangible but equally devastating effects of sexual assault.
These damages are often more subjective and may include:
- Pain and Suffering: Compensation for the physical pain endured during and after the assault.
- Emotional Distress: Many victims experience lasting psychological effects, such as PTSD, anxiety, depression, or difficulty forming relationships. These factors are considered in calculating emotional distress damages.
- Loss of Enjoyment of Life: If the assault impacts the victim’s ability to enjoy activities or relationships they once valued, this may also be included.
- Loss of Consortium: In cases where the victim’s relationships with family members or spouses are significantly affected, damages may be awarded for this loss.
Georgia courts often rely on expert testimony, such as therapists or medical professionals, to evaluate the extent of non-economic damages.
Punitive Damages: Holding the Defendant Accountable
Punitive damages are not meant to compensate the victim but to punish the offender and deter similar conduct. Georgia law allows punitive damages in cases involving egregious misconduct, such as sexual assault. These damages are awarded at the court’s discretion and can significantly increase the total compensation.
Factors That Influence Damage Calculations
Several factors affect how damages are calculated in Georgia sexual assault cases:
- Severity of the Assault: The more severe the physical and emotional harm, the higher the damages.
- Impact on the Victim’s Life: Courts assess how the assault has disrupted the victim’s career, relationships, and overall well-being.
- Defendant’s Conduct: Reckless or malicious behavior may lead to higher punitive damages.
- Evidence: Clear, compelling evidence of the assault’s effects can lead to more significant compensation.
Pursuing Justice with Ashby Thelen Lowry
Sexual assault cases are profoundly personal and require sensitive yet aggressive legal representation. At Ashby Thelen Lowry, our Atlanta personal injury attorneys are committed to helping survivors seek justice and secure the compensation they deserve. We understand your challenges and will work tirelessly to hold responsible parties accountable.
If you or a loved one has been a victim of sexual assault, contact us today for a confidential consultation. We can help you reclaim your life and pursue the justice you deserve.