Who calculates the present value of my future losses in a Georgia case?

· 3 min read

The jury, as the fact-finder, ultimately fixes the present value of future losses in a Georgia case, but it does so with the help of evidence and expert testimony. The math behind discounting future medical costs and lost earnings is usually presented by a qualified witness, and the jury then decides what figure to adopt.

The fact-finder makes the final call

Georgia assigns the present-value decision to the trier of fact. Under O.C.G.A. § 51-12-13, the trier of fact may reduce future medical expenses, lost wages, and other future economic damages to present value using a five percent discount rate or another rate it deems appropriate. In a jury trial the jury holds that role; in a bench trial the judge does. Either way, the discount rate and resulting figure are findings, not numbers imposed automatically by formula.

This means there is room for judgment. The fact-finder can accept a proposed discount rate, adjust it within reason, or weigh competing approaches offered by each side. The statute frames the exercise but leaves the determination to the people deciding the case.

Who supplies the calculations

Although the jury decides, it rarely performs the underlying computation unaided. The discounting analysis typically comes from witnesses such as:

  • An economist or financial expert who projects future losses and reduces them to present value.
  • A vocational or medical witness whose testimony establishes the future earnings or care that the economist then values.
  • The parties’ attorneys, who present and argue these figures to the jury.

The injured person generally bears the burden of putting forward enough credible evidence for the jury to calculate future losses without guessing. Expert testimony helps satisfy that burden by translating a stream of future expenses or wages into a defensible present-day number. The defense may offer its own expert with a different projection or discount assumption, and the jury weighs the two.

O.C.G.A. § 51-12-13 also limits the evidence in one respect: it does not open the door to proof of the cost of a particular investment product, such as an annuity, as a way of valuing the award.

The bottom line

In Georgia, present value is calculated through expert evidence but decided by the fact-finder. The jury, guided by O.C.G.A. § 51-12-13 and the testimony of economists and other witnesses, selects the discount rate and sets the present-day worth of an injured person’s future losses.

This article is for general educational and informational purposes only and is not legal advice. It does not create an attorney-client relationship, and Georgia law may change. For advice about a specific situation, consult a licensed Georgia personal injury attorney.

Related:

  1. Why does my Georgia catastrophic case need an economist to calculate future losses? In a severe-injury case, much of the harm has not happened yet. The medical bills, lost paychecks, and care costs that will accrue over the coming decades dwarf what has......
  2. Are my future medical costs reduced to present value in a Georgia verdict? Future medical costs in a Georgia verdict are generally stated in present-value terms, meaning the jury translates the full future expense into the lump sum that, invested today, would cover......
  3. Why are future damages reduced to present value in Georgia injury cases? Future economic losses are converted to present value because a dollar paid today is worth more than a dollar that would have arrived years from now. Georgia law directs that......
  4. Why is my Georgia case’s settlement value different from its potential trial value? A settlement figure and a trial figure measure two different things. The trial value is what a jury might award if everything goes well; the settlement value discounts that number......
  5. How does the strength of fault evidence affect my Georgia case value? The quality of the proof that someone else caused the injury is one of the strongest influences on what a claim is worth. Solid fault evidence raises value because it......
  6. How does the at-fault party’s available insurance limit my Georgia case’s real value? Insurance limits often set the practical ceiling on what an injured person can collect, regardless of how a case might be valued on paper. A claim can be worth a......
  7. What is loss of future earning capacity in a Georgia personal injury case? Loss of future earning capacity compensates a reduction in a person's ability to earn money going forward, caused by a lasting injury. It looks ahead, not back: the question is......
  8. What is the difference between attorney fees and case costs in a Georgia injury case? Attorney fees pay the lawyer for professional services; case costs reimburse the out-of-pocket expenses spent to pursue the claim. Both come out of a settlement, but they are different kinds......
  9. How is diminished value calculated for a repaired car in Georgia? The measure that Georgia law uses is straightforward in concept: the difference between what the vehicle was worth immediately before the crash and what it is worth after it has......
  10. Can I recover diminished value for my car after a Georgia accident? Georgia is one of the states that clearly recognizes a claim for diminished value, which is the loss in a vehicle's market worth that remains even after high-quality repairs. A......
  11. How is the full value of a life split between economic and intangible parts in Georgia? Georgia divides the value of a lost life into two categories that are proven in very different ways: an economic part backed by financial evidence, and an intangible part left......
  12. Can a Georgia jury award for the intangible value of life without dollar evidence? Yes. Georgia law allows a jury to award for the intangible value of a lost life even when no witness puts a dollar figure on it. The intangible portion of......
  13. What does “full value of the life of the decedent” mean in a Georgia wrongful death claim? This phrase is the measure of what a Georgia wrongful death claim seeks to recover: the worth of the life that was lost, viewed from the perspective of the person......
  14. How does a Georgia jury decide the dollar value of pain and suffering? A Georgia jury sets the dollar value of pain and suffering by exercising its own reasoned judgment on the evidence, not by applying any formula the court hands it. The......
  15. Can I recover the value of chores and household tasks I can no longer do in Georgia? Yes, in many cases the loss of the ability to perform household work can be part of a Georgia injury claim. When an injury takes away a person's capacity to......

Leave a Reply