If you’ve been hurt in a car accident in Georgia, you can hold the at-fault driver accountable for the ways your injuries have affected your life – including for the pain and suffering they caused you. However, recovering fair compensation can be challenging without the help of an experienced Georgia car accident attorney.
Pain and suffering are inherently subjective, and car insurance companies use this fact to their advantage. They might question the extent of your injuries and their impact on your life, hoping to save themselves money in the process. An experienced attorney can fight back against these attempts to undervalue your claim, assembling a range of evidence to prove your pain and suffering and get you paid accordingly.
How Do You Prove Pain and Suffering from an Accident?
Putting a dollar figure on your pain and suffering following a car accident can be quite challenging. This is because this type of damage has no specific financial impact. Instead, pain and suffering describe both the physical pain and emotional stress brought on by the accident. Various types of evidence can help you prove pain and suffering after an accident, including:
- Medical records – These records highlight the injuries you suffered in the accident. They also demonstrate the physical limitations they cause and the type and duration of medical care you require. These records often serve as a solid foundation for pain and suffering damages.
- Expert testimony – Testimony from medical experts can provide further insight into the extent of medical care you require for your injuries. Therapists can speak to how your injuries impact your quality of life and your ability to work and perform various tasks.
- Personal documentation – Keeping a journal with specific details of your daily life, emotional state, and physical pain levels can provide a clearer picture of how your injuries affect you subjectively.
- Photos and videos – Photographs can illustrate the extent of your injuries and how they affect your ability to perform various tasks. Any video footage or pictures of similar activities before the accident can further demonstrate the level of impairment.
- Evidence of lifestyle changes – This can include any proof of your changes in employment, your inability to participate in events or hobbies, and necessary modifications to your home, such as ramps or lifts.
- Testimony from friends and family – The people who interact with you daily can shed light on the ways the accident has changed you by sharing their observations of you both before and after the accident.
- Psychological evaluation – An evaluation from a psychologist or psychiatrist can provide scientific, professional insight into the mental and emotional suffering you experience daily.
What Are Some Examples of Pain and Suffering That Could Result from an Accident?
The term “pain and suffering” describes both the physical and emotional discomfort caused by injuries. Particularly painful physical injuries include:
- Chronic pain from nerve damage
- Internal organ damage
- Spinal cord injuries
- Traumatic brain injuries (TBIs)
- Severe and continual headaches
- Broken bones
- Muscle strains and sprains
- Dislocated joints
- Paralysis
Although some of these injuries can resolve over time, more severe ones can last for several months or even years after an accident. In addition, there is a heightened chance that these and other severe injuries can cause long-term impairment. This can directly affect your ability to perform routine activities, such as getting dressed, cooking, or spending time with friends or family.
Severe physical injuries, such as lacerations, burns, and amputations, may also result in permanent scarring and disfigurement. They can require extensive surgery and may alter a victim’s appearance.
Quite often, mental anguish and emotional distress go hand in hand with physical pain. Many car accident victims feel hopeless and helpless, having to go through extensive medical care and deal with the physical limitations of their injuries. Resulting depression and isolation can also strain relationships with friends and family. They may also develop post-traumatic stress disorder (PTSD) as a result of the trauma they experienced in the car wreck. While not as obvious as physical damage, emotional scarring can be every bit as debilitating – and every bit as compensable.
How Are Pain and Suffering Damages Calculated?
Calculating pain and suffering is a complex process that considers several factors. These factors include:
- The severity of the injuries
- Whether the injuries result in permanent and lasting disabilities
- The impact of the injuries on the victim’s quality of life
- Whether the pain and suffering will continue and for how long
There are a few different ways to translate these into specific figures. One is by selecting a number between 1.5 and 5 and then multiplying that number by the total amount of other losses, such as medical bills and lost wages. Another is by estimating the number of days that the pain and suffering are expected to last and multiplying that by the value of an average day, typically based on the person’s wages. Your car accident attorney can help determine a fair value for your pain and suffering and ensure it is covered in any settlement you accept.
Does Georgia Have Any Caps on Pain and Suffering Damages?
Georgia does not cap pain and suffering damages in car accident cases. That means if you are dealing with serious injuries following a car accident, the court is free to award any amount of damages it sees fit.
Is There a Statute of Limitations for Recovering Pain and Suffering Damages in Georgia?
Georgia law specifies that car accident victims have two years from the date of the collision to file a personal injury claim. That said, seeking legal representation immediately after an accident is always best. Your attorney will be able to access crucial evidence while it’s still fresh and interview witnesses while memories are sharp. The sooner you get started on your case, the better.
Contact a Georgia Car Accident Lawyer
If you are dealing with serious injuries, our Georgia car accident lawyers are available to help you better understand your rights and pursue fair compensation. Contact Sherrod & Bernard, P.C. today for a free consultation.
