Are There Limitations on Pain and Suffering Damages in Georgia?

By Jason Wilson On Dec 7, 2020

Have you been the victim of an accident due to negligence or intent? You have rights beyond compensation for bodily harm. A personal injury attorney can help you determine if you qualify for pain and harm.

What is “pain and suffering”?

When you are injured, there are several types of damage. You may have broken bones in a car accident. You could also have PTSD from being trapped in the car waiting for help.

Pain covers physical injuries and medical bills. Suffering refers to financial difficulty, mental or emotional agony, or even the loss of a loved one.

Your past, present and future

Your Personal Injury Lawyer will consider your case carefully. You will look at the past, present, and future to figure out your total potential harm.

The past shows what your life was like before the accident. Your income, your mobility level and your state of mind are measures.

The present shows what your life is like now. Maybe your broken bones will heal, but you still have nightmares every night. You may have returned to work, but you cannot make up for the paychecks that you missed during your recovery.

The future shows what you expected from your life. Medical treatments can be ongoing costs. Chronic pain or disability can change your plans for your life.

Pain and suffering should cover the costs you have now and in the future. You also deserve compensation if the future you planned is no longer possible for you.

Limitation periods

It is important to act quickly when making a personal injury claim. In Georgia, Limitation periods apply to cases of personal injury. You have:

Two years to file a personal injury claim
Two years to file a medical misconduct lawsuit
Six months to file a lawsuit against a local community
12 months to file a lawsuit against the county or state

It is important that you submit before the statute of limitations expires. Otherwise, you will miss your window of opportunity to get justice and compensation.

However, submitting too early can also be a mistake. Don’t settle for too quickly with a sum that barely covers your current medical bills and little is left over. The underlying effects of your injury can occur months after your accident.

To receive the maximum award, you will need as much supporting documentation as possible. Documentation can include medical records, any psychiatric diagnosis, and analysis of your financial losses.

If you cannot return to the same role, the loss of future income can be significant. If the accident resulted in deep mental or emotional trauma, it may take some time for it to manifest.

Meet with a personal injury attorney as soon as possible to discuss your case. They can help you create a plan and schedule for submitting your case and collecting your records.

Damage Control

In a personal injury case, two different types of damage are investigated. There is economic damage (also known as special damage) and non-economic damage (also known as general damage).

Economic damage includes specific costs related to your injury. They cover the costs of medical care and loss of wages. Economic damage is subject to caps on the specific dollar amount of losses and costs that you can prove.

Non-economic damage covers the pain and suffering you suffer. Examples of this are changes in your life status, e.g. B. Chronic pain or an obligation to quit work in the area or industry of your choice.

Pain and suffering can also include depression, nocturnal insomnia, PTSD, or the loss of your ability to enjoy life. By law, the state of Georgia has no upper limits on non-economic damage.

Modified Comparative Negligence

Georgia has a modified rule for comparative negligence. This adjusts personal injury premiums by taking into account the plaintiff’s degree of negligence. If the defense can demonstrate that your injuries were partly your fault, that evidence will reduce your award.

Example one:

If you were driving too fast at the time of the accident, part of the accident may be your fault. If you are 20% responsible for the car accident that caused your injuries, your premium will be reduced by 20%. In the first example above, if your total price is $ 60,000, it can be reduced to $ 48,000.

Example two:

If you walked into your neighbor’s yard without permission, you may be partially to blame if the dog attacked you. If you are 40% responsible for your dog bite wounds, your premium will be reduced by 40%. In the second example above, a total premium could be reduced from $ 500,000 to $ 300,000.

If the court finds you are 50% or more responsible for your injuries, you may not be able to seek compensation.

Advantages of keeping an accident journal

Keep an accident journal in the days, weeks, and months after your personal injury. Write down everything you can remember about the accident itself. List the changes in your life since your accident.

Some of the things to keep in mind in your journal include:

Pain levels since your accident
Your doctor visits and forecasts
Quality of sleep, including insomnia, nightmares, or constant fatigue
State of mind, including depression, anxiety, or racing thoughts
Changes in mobility
Your ability to do everyday tasks
Return to work or school and how well you handle it
General joie de vivre (or lack thereof)
Disruptions to your previous routines
Harm to your relationships
Changes to plan for your future

Check back and update your diary regularly. Pain and suffering damage are determined based on the severity of the changes in your life. Your personal injury attorney will work with you to determine which changes can be temporary and which can be permanent.

Unjust death

The Georgia Unlawful Death Lawsuit awards are similar to those for personal injury filing. If you are a family member of a victim, you can claim both economic and non-economic damage.

The economic damage is calculated on the basis of the estimated life earnings of the deceased. This provides protection and a standard of living for dependent survivors such as children or spouses.

Noneconomic damage is significant as it seeks to financially assess the victim’s life and the loss their family suffers. If extreme negligence contributed to death, punitive damages can also result.

Medical malpractice

Medical malpractice is a subset of the Personal Injury Act. Your attorney will need to provide evidence that the doctor or hospital failed to perform due diligence. If an injury was caused by misconduct or medical negligence, economic and non-economic damage occurs.

Insurance companies are not your friends

It is important to remember that when filing a personal injury file, you are typically not filing against any person or company. The defendant is usually an insurance company. Your only goal is to get you to accept the smallest possible deal.

Always rely on your lawyer in all negotiations with an insurance company. Do not accept an offer without first checking it. A professional personal injury attorney can almost always give you higher honors.

Personal Litigation Attorney, Atlanta

Choose Greathouse Trial Law in Atlanta, GA

Need a Qualified Personal Injury Attorney in Georgia? Discuss your case during a free consultation by calling us today at (678) 310-2827. At the Greathouse Trial LawBased in Atlanta, GA, we work hard for customers across the state.

You need lawyers who believe in fair and equitable compensation for your injuries. Our competent team of lawyers knows how to negotiate with insurance companies and will fight for you in court if necessary. We have a strong track record of personal injury extraction nationwide and we are ready and able to serve you.

Disclaimer: The information in this blog post (“Post”) is for general informational purposes only and may not reflect the current law in your jurisdiction. The information contained in this post should not be construed as legal advice to the individual author or the law firm, nor is it intended as a substitute for legal advice on any particular topic. No reader of this post should act on or dispense with the information contained in or accessible through this post without seeking appropriate legal or other professional advice as to the particular facts and circumstances at issue with an attorney that is approved by the recipient state, state, or other suitable licensing jurisdiction.

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