Can You Sue for Pain and Suffering in Georgia?
Were you recently injured in an accident in Georgia? If so, you may wonder if seeking compensation for the physical and emotional pain endured is possible. In this blog post, we will dive into the world of personal injury law in Georgia and explore whether suing for pain and suffering is viable.
Pain and Suffering as a Compensable Loss in Georgia
In Georgia, pain and suffering are considered compensable items of damages. This means that if you have been injured due to the negligence of another party, you may be able to recover damages for the physical and emotional anguish you have experienced.
To prove that your pain and suffering are compensable, you must show that someone else’s negligence caused the injury and that it has resulted in measurable harm. For example, if you were in a car accident caused by another driver’s recklessness, you could sue for damages such as medical bills, lost wages, and pain and suffering.
To learn more about whether you have a valid claim for pain and suffering in Georgia, contact an experienced personal injury attorney today.
Calculating Pain and Suffering Damages in Georgia
In Georgia, it is up to the “enlightened conscience” of a fair and impartial jury to determine whether and how much damages to award. To help the jury determine damages, the judge will charge the jury on what constitutes pain and suffering as follows:
“In evaluating the plaintiff’s pain and suffering, you may consider the following factors, if proven:
- Interference with normal living;
- Interference with the enjoyment of life;
- Loss of capacity to labor and earn money;
- Impairment of bodily health and vigor;
- Fear of the extent of injury;
- The shock of impact;
- Actual pain and suffering, past and future;
- Mental anguish, past and future; and
- The extent to which the plaintiff must limit activities.”
This is the actual jury instruction that the judge will read to the jury and will order them to follow.
There are an almost infinite number of ways for a lawyer to argue how much money an “enlightened conscience” should award for pain and suffering, but two widely used arguments for determining pain and suffering damages: the multiplier method and the per diem method.
The multiplier method involves multiplying the victim’s economic damages (such as medical bills, lost wages, etc.) by a number that reflects the severity of their pain and suffering. The “multiplier” is usually between 2 and 20, depending on the circumstances of the case.
The per diem method involves assigning a certain dollar amount to each day of suffering due to physical pain or emotional distress. The amount is determined by factors such as the severity of the injury, how long it lasted or will last, and any preexisting conditions.
These two arguments have been around for a long time and are effective ways to calculate damages, but they are not the only ways. If you seek representation for a personal injury case, ask the lawyer, “What creative ways have you argued damages to a jury?”
Statute of Limitations for Personal Injury Claims in Georgia
In the state of Georgia, the statute of limitations for filing a personal injury claim is typically two years from the date of the injury. If you wait any longer than that, the court will likely dismiss your case.
If you’re unsure whether your case falls within the statute of limitations, it’s always best to speak with an experienced personal injury attorney who can help determine whether or not you have a valid claim.
Consult with a Personal Injury Lawyer
To learn more about your legal rights and options after an injury, it’s important to consult with a personal injury lawyer. An experienced attorney will be able to review the facts of your case and advise you on whether or not you have a valid claim. They can also help you understand the process of filing a lawsuit and what to expect going forward.
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