What to Know About Suing for Pain and Suffering After Car Accident

Pain and suffering refers to the physical and mental damages you experience after a car accident or other personal injury accident. If you were the victim of a car accident, a car accident lawyer can help you sue the at-fault party for pain and suffering damages. There are several features of pain and suffering damages that set them apart from other common damages claimed after a car accident. 

How Pain and Suffering Differs from Other Damages

Georgia statutes don’t contain a specific definition for pain and suffering damages, but it’s basically the pain and discomfort a victim experiences after a car accident. This includes both physical pain and mental anguish that comes as a byproduct of physical injuries.

Mental pain and suffering damages come down to any negative emotion the victim suffers as a result of the car accident or physical pain from the accident. Examples of mental pain and suffering can include:

• Loss of enjoyment of life or things you used to do
• Fear, anger, or humiliation
• Anxiety or depression
• Shock
• Mental disorders
• Mood swings

While other car accident damages are more straightforward and easy to calculate, such as medical bills and prescription costs, missed work wages, and vehicle repairs, pain and suffering damages are not so easily quantified. 

Calculating Pain and Suffering Damages

There is no set standard for how to decide pain and suffering damages. So, if you want to sue the at-fault party for pain and suffering, an attorney can help you come up with a monetary amount that can sufficiently put a price on your suffering. 

Factors Considered When Determining a Pain and Suffering Award

A number of factors may be considered when valuing pain and suffering, including:

• How long your physical pain has lasted (and is expected to last in the future)
• How it will affect you physically, such as whether you’ll deal with any disfigurements or permanent issues
• The amount of treatment you’ll need for your physical or mental pain
• The way you explain your own pain and suffering
• What others have observed in how you behave now versus before the car accident

The Severity of Your Injury Can – and Will – Affect Your Claim

When insurance companies are calculating pain and suffering, they’ll look at how severe your physical injuries are. Typically, the more severe or permanent your injuries are, the more money you’ll be entitled to. In many cases, they’ll try to produce a number by multiplying your medical bill totals by a number from one to five, with five being the most severe. 

Each of these factors may be considered in coming up with an amount that seems to fit the circumstances. In addition, judges and juries may draw on their own backgrounds, experiences, and common sense when awarding pain and suffering damages.

Suing for Pain and Suffering from a Car Accident

When suing for pain and suffering damages after a car accident, you need an experienced car accident lawyer on your side. Since these types of damages are so much more complex than others, you’ll need a legal professional to help you calculate your pain and suffering damages before sending them to the other driver’s insurance company. 

Then, you and your lawyer will need to be able to justify and explain the calculations and also present the right information to the jury so they can see the value of your pain and suffering.  This is very hard to do accurately without a good lawyer.

Talk to an Attorney Today About Your Pain and Suffering Claim

If you’ve been injured in a car accident and are suing for pain and suffering damages, don’t try to navigate this tricky area of personal injury law alone. John Foy & Associates is on your side—and we don’t back down to insurance companies who try to pay out less than you deserve. For a FREE consultation to talk with one of our lawyers about your case, contact us today.