A lot of our clients know very little about how personal injury cases work. What they do know, they learned from television and the internet. This is why our Atlanta injury attorneys think it’s a good idea to explain exactly what pain and suffering damages are. It’s also important that you understand how your Atlanta accident attorney will prove yours.
If you would like more information about pain and suffering and how its calculated in Georgia, view this page.
What Exactly Is Pain and Suffering?
Pain and suffering damages are meant to compensate accident victims for any mental and physical anguish they suffered. Not all plaintiffs are entitled to these damages. For example, if you were in a fender bender and suffered whiplash, you can’t expect to receive a lot of money in pain and suffering.
The truth is that your Atlanta injury attorney can only demand damages for injuries you actually suffered. If you suffered a spinal cord injury, you’re going to receive a lot more than if you merely suffered a broken wrist.
It’s Not Limited to Physical Pain
It can be hard to explain to our clients why certain people are entitled to pain and suffering while others aren’t. It isn’t just about the physical pain you experience. It’s about the overall experience,
In the weeks and months following your accident, you will go through a lot of emotional and physical pain. Some of our clients can’t sleep for weeks after their accident. Others find themselves out of work and this causes them to feel depressed. All of these things are part of your pain and suffering.
Your Atlanta Injury Attorney Can Also Demand Damages for Mental Anguish
It’s important that we’re clear about what we mean when we say mental anguish. If you are, by nature, a depressed or anxious person, you can’t expect to get damages for these things. Your Atlanta accident attorney must prove that your mental anguish was directly caused by your accident.
Some of the more common types of experiences our clients deal with include:
- Lack of social life due to injuries
- Loss of quality of life
- Inability to help care for their children
- The need of relying on someone else to take care of them
These are the things that can prove to be life-changing. They are also unique to whatever happened during your accident. That’s why you can demand damages to compensate you for this type of mental anguish.
What Kind of Injuries Usually Warrant Damages for Pain and Suffering?
Over the course of years, our Atlanta injury attorneys have handled all sorts of cases. Some of our clients suffered minimal physical injuries while others ended up in a wheelchair for the rest of their lives.
Some of the physical injuries that lead to higher damages for pain and suffering include the following:
- Spinal cord injuries
- Neck and back injuries
- Traumatic brain injury
- Loss of limb
- Burn injuries
- Facial disfigurement
- Loss of hearing
Of course, this list isn’t exhaustive. However, this is a fair sampling of some of the worst injuries imaginable. If you’ve suffered any of these things, you can trust that your Atlanta accident attorney will demand a significant amount of damages for pain and suffering.
The More Painful Your Injuries, The More You’ll Receive Pain and Suffering Damages
It may sound trite, but the truth is, the worse your injuries, the more money your case is worth. For example, if you suffer a catastrophic injury, you will be entitled to significantly higher damages than if you had a concussion from a foul ball.
The general rule that our Atlanta accident attorneys use is the three-to-one rule. Our demand for pain and suffering will be equal to three times the amount of your total medical expenses.
Proving Pain and Suffering Is a Lot Harder Than Proving Economic Damages
It’s a lot harder to prove pain and suffering than it is to prove economic damages. When your Atlanta injury attorney demands compensation for lost wages, all they have to do is submit a copy of your payroll records.
The same is true with property damage. Once you have an estimate or bill from your mechanic, you can use that to justify your demand for property loss. It doesn’t work this way with pain and suffering.
Your Atlanta Injury Attorney Will Have to Submit Specific Evidence to Prove Your Damages
It’s no good to talk about how bad your injuries were if your Atlanta injury attorney can’t prove them. You need to be able to submit specific proof that you suffered as a result of your accident.
Some of the more useful types of evidence our attorneys use include:
- Testimony from your surgeon or doctor confirming that you had painful surgeries and other medical procedures
- An affidavit signed by your employer explaining how depressed you were about having to step down
- Testimony from your psychologist or counselor
In addition to having experts testify for you, your Atlanta injury attorney will also have your friends and family take the stand. They can speak to the ways in which your life has changed as a result of the accident.
Your Medical Records Will Help Your Atlanta Accident Attorney Prove Pain and Suffering
One way to demonstrate how bad your physical injuries were is to submit a copy of your medical records. These records will include the procedures you underwent, including surgery.
Your records will also show what kind of medications you were prescribed. If they can show that you had to take serious pain medication, it will go a long way toward proving your pain and suffering.
Call Our Office Today to Schedule Your Free, Initial Consultation
If you were injured in any sort of accident, you may be entitled to damages. The question will be – how much are you entitled to? While there’s no way for your Atlanta injury attorney to know for sure what your case is worth, they do know one thing. They will work tirelessly to ensure that you get the compensation you deserve.
Of course, the only way to know for sure if your case is worth pursuing is to meet with an Atlanta accident attorney. We offer our new clients a free, initial consultation. This way, both you and your lawyer can decide if it’s in both of your interests to move forward.
We suggest you call the office today and set up a date and time to come into the office.