I just got my December Georgia Trial Reporter.  It is a monthly report with summaries of cases that have just settled or went to verdict.  It is an invaluable resource in determining what my client’s personal injury cases are worth as well as keeping tabs on defense lawyers.  This month’s report shows the average verdict and settlement for a “closed head” injury to a child to be $219,903 for all of Georgia and $347,875 for cases in Fulton County.

There are a couple of things worth noting here.  Fulton (and DeKalb) have the reputation for being pro personal injury victim.  That is why the best Atlanta personal injury attorneys will turn over every stone of evidence trying to find a defendant he/she can name to get the case into one of these counties.

The other observation is that these amounts, in my humble opinion, are low.  As with all statistics, the devil is in the details.  The report uses both settlements and verdicts, with “settlements” being the operative word.  Many catastrophic cases, especially in car accidents, are what as known as policy limits cases.  Usually there is not enough insurance to pay the full value of the claim so the plaintiff has no choice but to take the policy limits.  This will drive down the reported numbers above.  Also, it is unclear how the reporting company is defining closed head injury.  Such injuries can be anything from a hematoma (blood on the brain) which may self-resolve in a couple of weeks to permanent traumatic injuries which can change a person’s personality, cause them to lose their adult thinking abilities, and/or physically impair them.

While these kinds of reports are helpful, it is always best to rely on your attorney’s experience to guide you on valuing your case.