What is a Pecuniary Loss Rule and How Have You Used it in Court?

Attorney Caleb Walker had a case with a client who had a non physical injury. When the defense sought to have the non physical injuries excluded from the case, they responded with a number of arguments. A Georgia law that has not been used as often in cases of this sort, called the pecuniary loss rule, was used. The pecuniary loss rule states you’ve suffered an injury that doesn’t have to be a physical injury, but it has to be a personal injury. It also needs to include some sort of loss and in the nature of lost wages or medical bills. All of this being caused by the negligence of a third party. This argument was used in the trial court initially, then they filed a motion for reconsideration and obtained a favorable ruling. Eventually a favorable ruling allowed Walker to recover for his client under the pecuniary loss rule. For more information go to McArthurLawFirm.com.

Video Transcription:

When the defense raised the issue of our clients non physical injuries and sought to have those excluded from the case, we responded with a number of arguments. We raised an argument under a second rule that has a long history in Georgia law but has not been used as often in cases of this sort. It’s called the pecuniary loss rule and if you meet the criteria at the pecuniary loss rule, which are that you’ve suffered an injury, it doesn’t necessarily have to be a physical injury but it has to be a personal injury, you’ve suffered a monetary loss that can include damage to your property. But it also needs to include some sort of loss and in the nature of lost wages or medical bills all of this is caused by the negligence of a third party, you’re entitled to recover under the pecuniary loss rule. We argued for injuries that are not necessarily limited to physical injuries when we argued that in the trial court initially we had an unfavorable ruling. We filed a motion for reconsideration and obtained a favorable ruling that the defense then appealed prior to trial to the court of appeals and we argued the case before a three-judge panel of the Court of Appeals. Ultimately due to internal procedure in the court of appeals the case was heard by the full 12 judges of the Court of Appeals and they issued a ruling that was favorable to our case and upheld that we should be allowed to recover under the pecuniary loss rule. For a free consultation about your personal injury claim call 1-888-we-fight.



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