Compensation for Physical and Mental Pain and Suffering
Nobody wants to get into a car accident. Unfortunately, there are times when the careless or negligent actions of another person causes an accident. Getting into a car accident in Georgia often leads to a complicated process of dealing with aggressive insurance companies that are not looking out for your best interests. When it comes to a settlement, many people wonder if they will be able to get compensation for their pain and suffering. After all, it is not fair that you are left in pain due to someone else’s actions.
In general, yes, the at-fault driver is responsible for paying for your pain and suffering. We want to define “pain and suffering” because there may be some confusion about what that phrase really means.
Pain and suffering can mean a few different things. Today we want to discuss physical and mental pain and suffering.
Physical pain and suffering refers to the pain a person experiences from their actual physical injuries. This type of pain and suffering includes not only the pain a person feels in the aftermath of the injury but also the effects a car accident victim is likely to suffer from in the future as s result of the other person’s negligence.
Many car accident injuries are severe enough to cause lasting physical pain and suffering, including:
- Traumatic brain injuries
- Spinal Cord Injuries
- Broken or dislocated bones
- Loss of or damage to a bodily organ
- Dismemberment or amputation
- Significant disfigurement
- Other injuries that inhibit a person’s daily activities
Mental pain and suffering is also a result of the physical injuries but deals with things like:
- emotional distress
- loss of enjoyment of life
Mental pain and suffering can be considered any kind of negative emotion that an accident victim endures as a result of the physical trauma of the incident. Significant mental suffering can lead to depression, loss of appetite, sexual dysfunction, mood swings, and more. Some car accident victims even experience post-traumatic stress disorder (PTSD).
How are Pain and Suffering Calculated?
It can be difficult to put a dollar figure on a person’s pain and suffering. Unlike medical expenses and lost income that have paper trails of clear losses, pain and suffering damages do not come with receipts. In a personal injury case, a judge will instruct jurors to use good judgment when determining what is fair and reasonable for pain and suffering damages.
In Georgia, there is no limitation placed on how much a person can receive for pain and suffering damages. In many cases, a “multiplier” is used to calculate a person’s pain and suffering. This means that the damages are calculated by taking a person’s total medical bills and lost income and multiplying them by a certain amount (1.5 to 4) to come up with pain and suffering compensation. However, this is not always used to come up with a reasonable amount.
Georgia Car Accident Statistics You Should Know About
The Georgia Governor’s Office of Highway Safety says that there were nearly 400,000 vehicle crashes during the last full reporting year in the state. Out of those crashes, there were:
- 1,430 crash fatalities
- 19,405 serious crash injuries
Consider Contacting a Georgia Car Accident Attorney Today
These cases can become incredibly complex and difficult to handle on your own. You may want to consider hiring a qualified Georgia car accident attorney to help you get through this. An attorney will understand the issues that will arise when it comes to proving pain and suffering. They will be able to properly negotiate with the insurance carrier or take your case to court it necessary.