What Are Damages in a Personal Injury Settlement?

If you’ve been injured you will want to know what damages the insurance company should include in your settlement.

There are usually two types of compensation you usually can receive for your car wreck claim or personal injury claim: general damages and special damages. Insurance companies also call general damages “non-economic” damages, and call special damages “economic”.

“General damages” are damages that are hard to put an exact number on. These damages include pain and suffering, loss of the enjoyment of life, loss of companionship, disfigurement, and similar harm caused by the car accident or personal injury.

Special damages are easier to put a dollar figure on. These damages include compensation for medical treatments, lost wages, lost income opportunity, property damage and other economic damages the car accident or personal injury caused.

Should I get money for “pain and suffering” in my settlement?

If a Tennessee or Georgia car wreck injured you (or other type of personal injury), and you were not at fault — the insurance company should pay you something for your pain and the impact of the injury upon you daily life. In accidents with minor injuries from which you recover quickly, it may not be a huge amount. Injuries from your Tennessee or Georgia car wreck or other accident [serious, painful and/or long lasting], significantly increase the pain and suffering portion of your claim.

Does the settlement include my medical bills?

The insurance company will include your medical bills in the same lump-sum settlement that also includes all your other damages. The medical bills payment includes bills for treatment you or your doctors believe you will need in the future. However, this payment will be based upon your physicians’ “guesstimate” of what your future needs may require. The insurance company is not like a health insurer—it will not wait and pay your future medical bills as you incur them.

There is one thing you need to know about the insurance company compensating you for accident related medical bills. Your health insurance provider may claim part of your settlement, if health insurance already paid some or all of the accident related medical bills, .Chattanooga car accident attorneys Dennis and King can negotiate with the health insurance company so they take less of your settlement.

Is there a minimum personal injury settlement amount?

No. There is no minimum or maximum amount when it comes to injury settlements. Every case has different strength and weaknesses and the severity of the injury.

  • The amount of a settlement in a personal injury case or Tennessee or Georgia car wreck case depends on many things, including:
  • The nature and extent of your injuries, including pain and suffering and the long-term impact of the injuries.
  • Whether you were or were not completely fault free for the accident.

The willingness of one side or the other to play “hard-ball” and let the case go to trial.

Can I reject a settlement offer?

Of course, while most injury cases settle before going to trial, that doesn’t mean you have to settle. Unlike the big TV “settlement mills” Dennis and King never force you to take a settlement

There are many reasons to reject a settlement offer and take your case to trial including:

  • You and the insurance company are too far apart on who was at fault for the accident or the extent of your injuries.
  • Maybe you just want your “day in court”.

However, you should always take a reasonable view toward a settlement offer and always have a well-thought out response. Always talk to a Chattanooga car wreck attorney or personal injury lawyer about your best course of action. You can always reach us at 423-892-5533 or

Most often, when you refuse a settlement offer, the insurance company will still try to negotiate with you up to a point. If you don’t like the first offer you can make a counter demand on the insurance company. You should do this as a part of a carefully written and professional demand letter.

What is a demand letter?

A demand letter is your chance to tell your side of the story to the insurance company about your Georgia or Tennessee car wreck or personal injury case. How did the accident happen? What is your evidence the car wreck or accident was the insured’s fault (police reports, witnesses, etc.)? How badly did the accident injure you?

What kind of medical treatment did you get and when? What kind, if any, of medical treatment will you need?

Detail is important in your demand letter. Remember, you are trying to show why a jury or a judge will think the insurance company’s initial offer is too low. End your letter with a “demand” — the dollar amount you are willing to take to settle the case.

What are damages in a personal injury settlement chattanooga


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Personal injury 

In almost all personal injury claims, insurance companies will offer you significantly less than what you deserve. It’s tempting to accept the first offer, especially if you are in a great deal of pain and unable to return to work. But if you’ve already taken a devalued settlement from the insurance company and your medical bills start to pile up, there’s little legal recourse to ask for more. That’s why it’s crucial to involve a Chattanooga personal injury lawyer before you even file a claim.

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Car Accidents

Chattanooga car accident lawyers Tricia Dennis and Russell King have recovered millions of dollars in Georgia and Tennessee for car and motor vehicle accident victims like you.  If you or a loved one has been injured and need help with your medical bills, then you have come to the right place.   Auto accident victims and their family members in East Tennessee and North Georgia can confidently rely on the experienced auto accident attorneys at Dennis and King. We are the law firm that has compassionately, yet effectively, helped victims and their loved ones navigate the aftermath of difficult situations.

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Trucking Accidents

Truck accidents in the United States are on the rise. Recent statistics show that almost 150,000 people are injured in truck accidents each year, and 6,000 people are killed. The regional area of Georgia and Tennessee is a crossroads and a center for car manufacturing, river traffic, and other industries. Large trucks, semi-trucks, 18-wheelers, and other commercial vehicles are constantly on the road. This has a downside as frequent truck accidents occur on I-75, I-24, I-59, Highway 153, U.S. 27, Amnicola Highway, Corridor J, and other roadways. If you or a loved one has been injured in a Georgia or Tennessee truck accident, you may be eligible for substantial compensation.

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Motorcycle Accidents

Experienced Chattanooga motorcycle accident lawyers Tricia Dennis and Russell King are avid fans of motorcycles, but they also realize how serious motorcycle accidents can be. With over 75 years of combined experience, Dennis and King Injury Law knows the legal process to achieve fair compensation for motorcycle crash victims. Contact one of our lawyers today to learn more about how to start your motorcycle accident claim.

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ATV Accidents

Under both Tennessee and Georgia law, ATVs are not authorized for use on paved road, but children continue to bring ATVs on to our roads and highways. Georgia and Tennessee laws also prohibit the carrying of passengers on most ATVs, require children below the age of 16 to take approved ATV training courses, and require kids younger than 16 to wear helmets, eye protection, and over-the-ankle boots when operating ATVs. However, these requirements apply only when ATVs are operated on public lands, leaving kids essentially without protection when riding ATVs on private property.

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Bicycle Accidents

The most tragic type of bicycle crash is a bike-car collision. Cyclists are completely defenseless traveling on 30-pound bikes when they’re surrounded by 3,000-pound cars and trucks racing by them. Pedestrians, defective bike parts, recalled bike helmets, and other ineffective bicycle safety equipment can also cause bicycle accidents. Bike accidents can result in wrongful death or serious injuries such as broken bones, amputation, traumatic brain injury, neck, back, and spinal cord injuries.

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Boating Accidents

One of three factors usually cause boat accidents: an inexperienced boater, an intoxicated operator, or a boat malfunction. More than a third of both fatal and non-fatal boat accidents are alcohol-related. It is estimated that boat operators with a blood alcohol content of .10 or higher are 10 times more likely to be injured or killed in a boat accident than sober operators.

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Nursing Home Abuse

No one ever expects a family member or friend to be the victim of abuse or neglect in a nursing home. However, abuse and neglect do occur every day and in many ways.

Dennis and King are Chattanooga nursing home abuse attorneys who will fight to recover all that you and your loved one deserve. With our experience in nursing home negligence matters, we thoroughly and carefully assess each individual case. We prepare each case for either settlement or trial in order to obtain compensation for injury, medical expenses, and pain and suffering. We help victims and their families hold these facilities accountable.

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Premises Liability

Premises liability is a vital facet of personal injury law, placing responsibility on property owners for maintaining a safe environment. When accidents occur due to negligence or hazardous conditions on someone’s property, victims have the right to seek compensation. This encompasses incidents like slip and falls or inadequate security leading to assaults. Dennis and King excel in handling these complex cases, tirelessly pursuing justice for our clients.

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Free Strategy Session

During your initial strategy session, we will assist you in creating a strategy in how to best pursue your claim, whether it be the result of a car accident claim, 18 wheeler injury, or, other kind of personal injury claim.

There are 5 points to your free claim strategy session:

  • First, we will listen to your story. You will have a chance to tell everything to someone who wants to hear what happened to you.
  • Based on the information you provide, we will give you our best advice on both what claims you have and the next steps you should consider to go forward with your claim.
  • If you claim is something that we think we can help you with, we will explain the services that we can provide for you, and what the next steps are that we should take. We will start working immediately.
  • If your matter is something that we do not think we can help you with, then we will attempt to put you in contact with another lawyer that might be able to help you.
  • Either way, what should happen is we will put to rest some of the unknowns that you may be experiencing. We will start to shed light on what you can expect and how to best pursue the benefits you deserve.