Recovering for Pain & Suffering After a Car Accident
Car accidents usually result in injuries. These resulting injuries very often cause the individuals effected significant pain and suffering. While most people have heard the phrase “pain and suffering” before, it is not a commonly understood phrase. In fact, what falls under the umbrella of pain and suffering when it comes to receiving compensation after a car accident is quite varied. If you have been involved in an auto accident, it is important to understand the type of "pain and suffering" damages you can recover through your personal injury claim. Below, we will explain the legal concept of pain and suffering as it may apply to your personal injury case.Factors for Determining a Pain and Suffering Award
One reason it is difficult to pin down pain and suffering damages is because pain and suffering is a type of “general damages” as opposed to “special damages.” Special damages are specific financial losses that were incurred as a result of the injury, such as lost wages and medical bills. To make it a little easier, Georgia courts have established several factors for determining a fair value for a pain and suffering award. These include:
- Interference with normal living
- Interference with enjoyment of life
- Loss of the capacity to work and earn money
- Impairment of bodily health and vigor
- Fear of the extent of injury
- Shock of impact
- Actual pain and suffering
- Past and future pain and suffering
- Actual mental anguish
- Past and future mental anguish
- Lifelong limit on activities
Based on this list, you can see that pain and suffering encompasses not just physical pain, but also mental and emotional injuries, such as worry, fear, grief, insomnia, inconvenience, and despair. Georgia does not have a statutory cap on pain and suffering damages, which means there is no limit to the amount of reasonable compensation you may recover.Receiving Pain and Suffering Compensation From an Insurance Company
While attorneys and courts use a fluid approach to determine the value of pain and suffering damages, most insurance companies use computer programs to determine the amount of pain and suffering compensation to include in a settlement offer. Talking to a lawyer can help ensure that any settlement amount offered to you is fair, based on the legal factors above.
A top Georgia car accident lawyer can also evaluate whether additional circumstances may play a factor in increasing or decreasing your compensation amount. For example, an insurance company’s computer program cannot see that your car accident left you with a permanent facial scar. Nor can a computer tell that you are suffering from depression, anxiety or insomnia.After a Car Accident in Georgia, Call KWFDM!
The damages resulting from a car accident often go far beyond broken glass and even broken bones. Our lawyers can help you receive compensation for pain and suffering, along with any other injuries you have incurred. Please call our office today at (404) 460-0101. You will not be pressured into hiring us and your initial consultation is always free of charge.