However, injuries often result in consequences that are difficult to place a monetary value on. For example, you could find yourself unable to care for yourself or engage in favorite pastimes the way you did before your injury, causing you additional emotional distress. These losses are harder to place a dollars-and-cents value on, but they’re no less real because of that. As such, you could be entitled to compensation for this pain and suffering.
In many states, so-called damage caps limit the amount of compensation available for pain and suffering. However, no such limit exists in Georgia. Judges and juries are free to award compensation for pain and suffering in any amount, which can vary significantly depending on the case.
On this page, we’ll address some of the questions we’re commonly asked regarding pain and suffering. If you have questions that aren’t answered here or you’d like to learn more about your legal options for pursuing compensation, contact Butler Kahn today. Our experienced personal injury lawyers can provide straightforward answers and evaluate your case for free in an initial consultation session.
The terms pain and suffering may seem relatively straightforward, but they each have specific definitions in the context of a personal injury claim. Collectively, pain and suffering refer to the initial pain and discomfort of the injury as well as the long-term suffering it causes the victim.
Pain and suffering cover things like:
Everyone acknowledges that pain and suffering are real, but it is impossible to measure them on an objective scale. Consequently, it can be difficult to prove the precise amount of pain and suffering you experienced as a result of your injuries. However, it’s possible with the right evidence.
One way to prove pain and suffering is by using a crucial piece of evidence in any injury claim: medical records. If you reported any pain, discomfort, or personal limitations to your medical provider during your post-injury appointments, that information should be part of your official medical history. For this reason, it’s important to be clear and vocal about any pain or symptoms you are experiencing whenever you visit the doctor. Medical documentation carries a lot of weight in personal injury cases.
Another useful type of evidence in a pain and suffering claim is a pain journal. A pain journal is a collection of regular or semi-regular notes you make about the physical pain and limitations you suffer from your injuries. These can provide a clear timeline of how your symptoms progressed and the physical pain and emotional trauma you suffered as a result.
In the context of a personal injury claim, the term damages refers to the compensation the claimant receives for their losses. In addition to compensation for pain and suffering, the court could award you damages for:
There’s no easy way to determine a dollar figure for the cost of human pain or suffering. Insurance companies may use computer programs or a formula to estimate pain and suffering damages. For example, insurance companies may use a multiplier method in which they multiply economic damages like medical expenses and lost wages by a variable between 1.5 and 5.
When cases go to court, the Georgia Pattern Jury Instructions tell jurors to consider the following when calculating pain and suffering damages:
Yes, there is a time limit for personal injury lawsuits in the Georgia civil court system. If you wish to file a lawsuit against a negligent party to demand compensation for your injuries, you generally have two years from the date of the injury to do so.
If you attempt to file a lawsuit after the standard two-year deadline, the court may dismiss your case as untimely, and you would lose your right to demand compensation in court.
The best way to know if you could be entitled to compensation for pain and suffering is to review your case with a knowledgeable personal injury lawyer. Contact the trusted team at Butler Kahn today to learn more about your legal options in a free initial case evaluation.