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When a person is injured due to the fault of another, a court may award monetary damages as compensation for the injury done. This may include

  • Necessary Expenses. Hospital, doctor, nursing & medical bills, travel expense, household help, etc., past and future.
  • Income Loss. Past and future loss of income of the person injured, but generally not the income loss of uninjured family members. You must have evidence upon which to reasonably calculate income loss. Future income loss is reduced to present cash value. Problems sometimes often arise where the injured person is not employed at the time of injury, or is self-employed in a trade or business and has not yet established a record of profitability. It is very important to recognize that jurors are likely to be far more sympathetic to a person who makes a valiant effort to return to some sort of work despite an injury-related disability, than with a person who they see as "using" an injury to stay out of work.
  • Pain & Suffering may include:
    • Physical pain.
    • Mental suffering, including anxiety, shock, worry, and loss of capacity to work, accompanying a physical injury.
    • The only measure of value of pain and suffering is "the enlightened conscience of an impartial jury."
    • Georgia does not have a statutory cap on pain & suffering awards.
  • Loss of Consortium. The injured person's spouse has a claim for loss of marital society, companionship, consortium & services.
  • Punitive Damages. Georgia law requires, in order obtain an award of punitive damages, the plaintiff must present clear and convincing evidence of willful misconduct, malice, fraud, wantonness, oppression, or that entire want of care which would raise a presumption of conscious indifference to consequences. The purpose of punitive damages is to penalize, punish or deter the defendant.
  • In tort cases generally, punitive damages in Georgia are limited to $250,000, unless the defendant had a specific intent to cause harm. Other provisions apply to punitive damage claims in products liability cases.
  • Damages awarded as compensation for personal injury and wrongful death are not taxed.  If a settlement is paid in a lump sum, income earned thereafter on the settlement funds is taxed.  If a settlement is paid with a "structured settlement" annuity all annuity payments are exempt from taxation.
Client Reviews
"Goes above and beyond and is a mountain of knowledge on spine and brain injuries. He does his research and represents you with a level of excellence. Remains a friend after representing me." Dee M., Woodstock, GA
"I have collaborated with Mr. Shigley on several initiatives within Georgia’s Judiciary over the past few years and found him to be a persistent and attentive individual. Ken has taken great pride in his involvement with the projects that I have worked on and he is good at influencing success. Despite his hectic schedule, Ken has always made time to discuss, research and review ideas for the best way to accomplish goals. I look forward to a continued working relationship in this and future roles." Jorge B., CIO, Judicial Council of Georgia
"After having to have a hole drilled in an automobile part at a machine shop 10 years ago, I told my uncle I could have done that. My uncle replied, "You are doing this once these guys do it every day" That simply means if you don't know where to turn, get help and get an expert. Ken was that help when I was severely injured during a fatal accident. Ken and his team at Shigley Law are experts, and are here to help you during your crisis. Ken will be there during the injury, recovery, and trial. He and his firm will work hard to see that you are represented fairly!" Jeremy R.
"Ken is a very kind man. He has a wealth of knowledge and is going above and beyond to help us while representing our case." Candy F., spouse of catastrophic injury client, Plains, GA
"I know Ken as trial lawyer of highest standards. Ken is knowledgeable and innovative and that translates to success in the courtroom. He is outgoing, compassionate and personable which makes him a pleasure to work with in any setting." Eric B., Attorney, Canton, GA