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How Much Can You Sue for Pain and Suffering in GA?


A big part of personal injury lawsuits is fighting for financial compensation. Plaintiffs who go to court are often in dire need, so getting enough compensation is important to many people with serious injuries. That being said, it can often feel like just getting compensation for stuff like medical expenses or property damages is not enough. Those things are important, but bills and other financial hardships alone do not reflect the entirety of the damage the defendant does when they cause you serious injury. You also need to be compensated for the pain and suffering the defendant caused through their actions.

There is no cap on the amount you can request or receive for pain and suffering damages in Georgia. The compensation you seek for your pain and suffering is going to be entirely dependent on the unique facts and circumstances of your claim, so there is no way to know for sure how much you will want, need, or get without going into more detail about your specific case.

To start getting free assistance with your case from our Atlanta personal injury lawyers, call Rice, Murtha & Psoras at (470) 287-3070.

How is “Pain and Suffering” Defined in Georgia?

Georgia deals with pain and suffering in its statute that defines non-economic damages. O.G.C.A. § 51-13-1(4) states one of the things you can receive non-economic damages for is “physical and emotional pain” as well as “suffering.” This means that you can get financial compensation not just for physical pain but for emotional pain as well. However, you will still need to prove that you are entitled to that compensation, so you will need to talk about your experience with our Georgia personal injury attorneys to show that you experienced pain and suffering from your injuries.

Physical Pain and Suffering

Physical pain and suffering cover the physical difficulties brought on by your injuries. For example, suppose you are seriously injured in a car crash and experience great pain right away but are treated at a hospital. In the time following the accident, you have to undergo physical therapy to return to some sense of normalcy, and that experience is also painful. All of those experiences can factor into damages for physical pain and suffering in Georgia.

Emotional Pain and Suffering

Emotional pain and suffering damages cover things that are not going to physically manifest themselves. For example, suppose that you were in a traumatic motorcycle accident and now dread riding a motorcycle, hearing engine revving noises, and being around roadways in general. You could seek damages for that kind of emotional pain and suffering that the defendant caused.

Ways to Prove Pain and Suffering in Georgia Lawsuits

In order to get damages for pain and suffering, you will need to offer evidence that proves you experienced that pain and suffering. Many different things can be used as evidence, provided they are relevant to your claim. There are a number of different evidence mediums you can use to demonstrate to the court that the defendant’s conduct caused you pain and suffering.

Medical Records

In some cases, medical records can be used to prove both physical or emotional pain and suffering. For example, suppose you have chronic pain in your shoulders after an accident and have medical scans showing pinched nerves and other damage caused by the accident. Those medical records can be used to prove that you should be entitled to damages for pain and suffering.

Medical records can also be used to prove emotional pain and suffering. For example, if you were diagnosed with post-traumatic stress disorder because of your accident, that can factor into emotional pain and suffering damages.

Witness Testimony

Witness testimony can be a powerful tool for proving both physical and emotional pain and suffering. When juries hear how an accident affects someone, it can often make them understand why you are asking for a certain amount in financial compensation. For example, you could have a witness testify as to how certain physical tasks are difficult or impossible for you after your injuries, or you could have someone testify as to personality changes brought on by the accident.

Expert witnesses can also help inform pain and suffering damages you may receive. For example, an expert could testify as to whether your physical pain will ever stop, explaining to the court the full extent of what you are dealing with. Similarly, a physical therapist could testify as to whether your condition is improving or not and potentially the effects that progress, or lack thereof, is having on you as a person.

If you want, you can even take the stand yourself and testify as to how your injuries have affected you both physically and emotionally. Doing this can be very difficult, as it can be painful to relive a traumatic event, especially under oath and in court, so our attorneys will support and encourage you in your case, regardless of whether you wish to take the stand or not.

Photographic and Video Evidence

You may also be able to use photo and video evidence to show the pain and suffering that the defendant has caused. Suppose you used to be a very athletic person but can no longer do things requiring lots of exertion because of your injuries. Video of you doing things before the accident took place can help the jury understand the extent of damage the defendant has done and why you are asking for damages for pain and suffering.

Our Georgia Personal Injury Lawyers are Here to Help

Rice, Murtha & Psoras can be contacted at (470) 287-3070 and provides free case analysis from our Alpharetta, GA Personal Injury Lawyers.