In the state of Georgia, injured accident victims are allowed to pursue compensation for pain and suffering as part of a general personal injury claim. However, pain and suffering is subjective and often difficult to quantify. Furthermore, it can be even more difficult to prove to an insurance company. Unlike physical injuries, no one can truly “see” the pain in a person. A doctor can check for symptoms and give their professional opinion regarding limited mobility or soreness, but only the injured accident victim truly knows how much pain and suffering they’ve endured.
For this reason alone, it is important to have an experienced Georgia injury attorney on your side from the moment you are injured. Your attorney will need to fight for your right to seek compensation for all damages, including pain and suffering.
Pain and Suffering & Non-economic Damages
In general, there are two types of damages in an injury case: economic and non-economic. In some rare cases, however, there may also be punitive damages. Economic damages are awarded to offset the actual monetary losses you have suffered. This includes bills from medical expenses, hospitalizations, property damages, and lost wages. It is easier to arrive at a monetary award for economic damages since these types of damages are easy to quantify.
Pain and suffering, however, is considered a non-economic damage. These types of injuries are more difficult to quantify because they must be subjectively evaluated by a jury. But how can you put a price tag on pain or on mental anguish? However, after a catastrophic injury, some of the greatest losses may be classified as non-economic. Some of these pain and suffering losses include:
- Mental anguish
- Physical pain
- Depression or anxiety
- Reputational damages
- Loss of enjoyment of lifestyle
- Loss of consortium
- Sleep disturbances or disorders
Calculating Pain and Suffering Is Not Easy
Unfortunately, pain and suffering isn’t always easy to calculate In most states, judges must rely on juries to use their good sense and experience in determining a reasonable figure to compensate a plaintiff for their pain and suffering. To do this, juries will review many different types of records to determine how much pain and suffering to award an accident victim, including:
- Medical records and bills
- Prescription records
- Injury photographs
- Doctor or medical professional testimony
- Injured accident victim testimony
- Receipts for over-the-counter medications
- Rehabilitation records
- Lost time from work records
- Therapist, counselor, or psychiatrist evaluation
Have You Suffered from an Injury after a Car Accident?
Have you suffered an injury after a car or truck accident in Georgia? At Schnipper Law, P.C., our Atlanta injury attorneys know that pain and suffering can be a large component of an auto accident case, especially after a traumatic accident. Your life may never be the same after an auto accident and you should be compensated for this injury and for the lifelong changes you may endure.
If you’ve been injured, call Schnipper Law P.C., at (404) 545-5845 for a free initial consultation and review of your case. We can help you recover the money you need to put your life back together after a serious accident.