Car accidents are serious and can significantly alter a victim’s life for both the short and long-term. No one deserves to be on the receiving end of another driver’s mistake. At the Law Offices of Roger Ghai, P.C., we understand that being involved in car accident is emotionally taxing and that physical injuries cause real pain and suffering. That’s why attorney Roger Ghai works aggressively in the Marietta, Kennesaw and Acworth areas to help clients recover damages for their injuries, including damages for pain and suffering.
What Are Damages For Pain And Suffering?
Damages under Georgia law fall into two categories: general damages and special damages. Special damages are those that can be assigned a known dollar amount. Items such as lost wages and medical bills are common types of special damages. Damages for pain and suffering fall into the category of general damages. It’s not easy to assign a number to the physical and emotional anxiety and trauma you experience after a car accident. There is not a mathematical equation that can quantify things such as shock, grief, and worry, hardship, and inconvenience.
For a free legal consultation, call (770) 792-1000
What Do I Have To Prove To Get Damages For Pain And Suffering In Georgia?
Unlike special damages, to recover general damages for pain and suffering, the victim of car accident does not have to prove a specific amount of money was lost. Georgia law presumes that if there is a proven physical injury, it is accompanied by bodily pain and suffering. Moreover, general damages for mental and emotional trauma are more likely in cases where there has been a proven physical injury.
It is up to the jury to determine what your injuries are worth and what you could receive for general pain and suffering damages. Under Georgia law, O.C.G.A. 9-10-184 provides that “In the trial of a civil action for personal injuries, counsel shall be allowed to argue the worth or monetary value of pain and suffering to the jury; provided, however, that any such argument shall conform to the evidence or reasonable deductions from the evidence in the case.”
Factors the jury will commonly consider include:
- the severity of the injury;
- the impact of the injury on employment;
- the impact of the injury on other family members;
- the impact of the injury on quality of life and ability to complete everyday tasks;
- the pain experienced as a result of the injury;
- past, present, and future mental trauma;
- the egregiousness of the defendant’s actions; and
- the amount incurred in medical bills.
Importantly, Georgia does not have a statutory cap on the amount of damages that can be recovered for pain and suffering.
We Can Help You
Every car accident claim is different and each victim’s response is unique. If you have been injured in a car accident and believe that your claim may include damages for pain and suffering, don’t hesitate to contact experienced car accident attorney Roger Ghai who works in the Kennesaw, Marietta, and Acworth areas. Contact the Law Offices of Roger Ghai, P.C. today at 770-792-1000 for help telling your story and recovering the compensation you deserve.