How to Sue for Pain and Suffering and How to Prove It
If you’ve been injured in an accident in Georgia, you have likely endured unforeseen expenses that you’re now trying to recover in a personal injury claim. While claiming common damages such as medical expenses or lost wages is relatively straight forward, trying to get compensation for your pain and suffering may not be as easily justifiable. Determining a fair dollar amount for pain and suffering can’t be done by adding up medical bills.
The pain and suffering you experience in the aftermath of your accident is real, whether it’s actual physical pain or mental suffering.
Like with other types of damages, you are responsible for proving your pain and suffering. If the losses you’ve experienced have changed your life for the worse, consider working with a skilled personal injury attorney who can help you prove and quantify your pain and suffering and increase your chance of receiving a fair settlement.
What Is Pain and Suffering?
Pain and suffering are non-economic damages in a personal injury claim. Contrary to economic damages, like medical bills, pain and suffering is subjective and doesn’t have a precise number attached to it. Despite its abstract nature, there are legal ways to quantify non-economic damages like pain and suffering, which is something a skilled attorney can do.
There are several different types of pain and suffering damages you can claim. They include:
- Physical pain: The pain can be either acute or chronic
- Physical impairment: Your injury has limited your ability to move and be independent
- Depression: The accident and injuries have altered your state of mind
- Anxiety: You have become anxious, especially when leaving the house or interacting with others
- Loss of enjoyment of life: Your injuries are preventing you from participating in activities you once loved
- Indignity: Insults to your dignity following an accident
- Embarrassment: Scars and disfigurement are causing you to feel embarrassed around others
- Loss of companionship: You have lost romantic relationships because of your injury
- Sexual dysfunction: Your injuries have negatively affected your sexual function, including the ability to feel pleasure
Filing a Claim for Pain and Suffering
If you’d like to file a pain and suffering claim, know that time isn’t on your side. According to Georgia’s statute of limitations, accident victims have two years following the date of their injury to file a personal injury claim or lawsuit.
Filing an insurance claim can be a lengthy process. You will need to gather all evidence to prove your case, including witness statements, expert testimony and documents verifying your claim. Your attorney’s guidance and expertise can help streamline the process, but they will still need enough time to gather the necessary evidence. The sooner you contact a personal injury attorney, the more compelling and effective your case can be.
Proving Pain and Suffering Damages in a Personal Injury Case
While pain and suffering may not be as tangible as other types of damages, it usually leaves a trail of evidence behind that can be used in your personal injury case. To establish pain and suffering, your attorney may use the following evidence:
- Medical records: These can include documentation of your physical pain, treatment plans and prescription medication (pain relievers, sleep medication, antidepressants)
- Psychotherapy records: Documentation showing your participation in group or individual therapy
- Medical testimony: Testimony from your doctor, psychologist or physical therapist about the extent of your physical and mental pain stemming from your injuries
- Your own testimony: Sharing personal journals documenting your pain and how it has impacted your everyday life
- Testimony from friends and family: Your friends and family can testify on your behalf about your state of mind, the activities and chores you can no longer do and the relationships you’ve lost because of your injuries
Discuss Your Pain and Suffering Damages with an Atlanta Personal Injury Lawyer
People who are injured in Atlanta can use the ATL Elite website to identify experienced personal injury attorneys who know how to maximize pain and suffering damages. We strive to find skilled and reputable attorneys who eager to help. If you’re looking for a free legal consultation, contact one of the attorneys listed on our website.
