There’s no definition of this type of damage under Georgia statutes, but case law has defined it as the pain and discomfort you feel physically after a car accident or other injury—both what you have already experienced and what you are likely to suffer in the future. It also includes mental anguish. Mental injuries are often a byproduct of physical pain or the accident itself. Mental pain and suffering includes things like:
- Loss of enjoyment of life
- Mood swings
- Social disorders
Generally, mental pain and suffering consists of any negative emotion that is the result of the accident itself or the physical discomfort you endure after the incident.
How is pain and suffering valued in a personal injury case?
The law only really has one way to compensate you for your losses after an accident—giving you money. Unfortunately, money is a poor way to make up for the physical and mental anguish that you experience after an accident. It not only doesn’t really fix anything, your pain and suffering is also very difficult to value in dollars. But, because the law doesn’t have any other way to make up for your losses in this area, a judge or jury will put a “price” on your pain and suffering in a personal injury case.
There are no charts or standards that set out how pain and suffering should be valued. Instead, the judge or jury will examine the facts of your case and essentially make up a number that they feel appropriately compensates you for our losses. Juries will generally be asked to use the following to award damages for pain and suffering:
- Their common sense
- Their unique background
- Any related experiences
- General expectations in the community
Ultimately, they will try to award an amount that seems fair based on the circumstances. They will often consider things like:
- How long the physical pain lasted or is expected to continue
- Whether you will have any permanent problems, restrictions, or disfigurement
- The amount of treatment you have to go through
- Your explanation of your pain and suffering
- Evidence of how others have observed you behave before and after the accident
Presenting the right information to the jury so they can correctly value your case is extremely important.
John Foy & Associates can help you gather information and witnesses to make your case for pain and suffering damages—both in the past and in the future. This portion of the losses could be a significant part of your case, so it’s important to have an experienced personal injury attorney help you present your evidence to the jury regarding this information. Fill out the form to your right or call us at 404-400-4000 to get your FREE consultation today.