There is no standard amount for how much you should get for pain and suffering from a car accident. The answer is different in every case. This is due in part to the fact that Georgia considers many different losses under the pain and suffering umbrella.
Additionally, insurance adjusters and juries may consider a wide range of factors when determining how much compensation to award a personal injury victim. Because accident victims must produce evidence of their pain and suffering damages to receive compensation, what evidence you are able to produce can also have an impact on the compensation you may be able to receive.
You may want to consider calling a personal injury law firm to discuss what value the pain and suffering damages might have in your case.
Pain and Suffering Reflects How the Injury Impacted Your Life
If your case goes to trial, the jury may be instructed to determine your pain and suffering damages. The jurors may consider what they believe is fair, based on several factors. They may consider how the injury has impacted your life, such as whether:
- You continue to suffer physical pain
- Your injuries have impaired your usual vigor
- You now need assistance with tasks you could complete before the accident
- Your injuries interfere with your ability to enjoy life
- You cannot participate in favorite pastimes because of your injuries
- Your relationships with your family have been negatively impacted because of your injuries
Unlike some states, Georgia does not impose a limit on the amount of non-economic damages, such as pain and suffering, which can be recovered in a personal injury case.
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Evidence of Pain and Suffering
An important factor in your pain and suffering claim is the strength of the evidence you present. Juries cannot award damages without a basis for doing so. Therefore, you or your lawyer may need to present evidence to help you obtain compensation for these damages.
The type of evidence you can present depends on the circumstances of your claim, but generally may include:
- Medical records that show your complaints of pain are consistent with your injuries
- Receipts for pain medication
- Testimony from family members about how the injuries have affected you and your relationship with them
- Testimony from others who have seen the impact of the injuries on your life
- Your own testimony regarding your pain and suffering
- Medical and economic expert testimony in your defense
If you work with a personal injury lawyer on your case, they can gather this evidence on your behalf.
Documenting Your Injuries Can Support Your Claim
An important foundation for seeking pain and suffering damages is establishing the injuries you received and their severity. Sometimes, an insurance company may calculate your pain and suffering compensation by multiplying your economic damages—which include documented expenses like medical bills and lost wages—by a value that represents the severity of your pain and suffering.
Car accidents can cause various injuries, ranging from severe to minor. Severe injuries may include:
- Traumatic brain injuries (TBI)
- Spinal cord injuries
- Complex fractures
- Internal organ damage
- Amputations
- Serious burns
After a car accident, victims often do not know the full extent of their injuries. This is why it is important that they seek medical attention and follow their doctor’s orders to recover as fully and as quickly as possible.
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If Your Ability to Work Was Affected by Your Injury
Insurance adjusters and juries may also consider how your injury has affected your ability to work and earn a living.
You may be able to receive compensation for the economic losses caused by your injuries, such as your lost wages.
Additionally, you may be able to recover compensation for your lost earning capability as part of your pain and suffering damages if your injuries permanently alter your ability to earn a living.
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Bader Scott Injury Lawyers May Be Able to Help With Your Car Accident Claim
If you were injured in a car accident caused by another party’s negligence in the Atlanta area, Atlanta car accident attorney may be able to help you. We represent clients in settlement negotiations and personal injury lawsuits.
For a free consultation on your case with a member of our team, call Bader Scott Injury Lawyers at (404) 888-8888 today. A representative of our firm can discuss your options and how much you may be able to get for pain and suffering from a car accident based on the fact of your case.
Be advised that your time to file a lawsuit in Atlanta is limited. Per O.C.G.A § 9-3-33, a general two-year statute of limitations applies to filing a personal injury lawsuit in Georgia.
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