Pain and suffering are terms that many people understand even without legal explanation. The issue that comes from this is that pain and suffering is an overly large umbrella term. It can include physical and emotional pain. It can also apply to the victim and the victim’s family.
A car wreck lawyer in Atlanta can help you understand how much you can sue for when it comes to pain and suffering. Each case varying so wildly, it needs an experienced eye to make these estimates. But you can learn more now about what impacts this calculation.
Breaking Down Pain and Suffering
When it comes to defining pain and suffering it includes a massive range. It can include any discomfort or harm. As well as despair, and long-term struggle.
Often lawyers use pain to narrow down the immediate harm and impact of the wreck. Under the definition of discomfort and harm, pain often includes:
- Medical bills
- Broken bones
- Lacerations and contusions
- Side effects of surgery
- And more
Then under the label of suffering, a lawyer will often fight to include:
- Lost wages
- Lost opportunity at a promotion or raise
- Despair over new limitations or disabilities
- Loss of major life opportunities
- Major life milestones missed during recovery
- Loss of a partner or loved one
- And more
Special damages often include anything that has a hard set value such as your income, or medical bills. It is easy to work with these numbers as you have proof of the debt, or lost income. These pre-defined special damages must come with proof though.
For example, if you were a contractor, you may not be able to prove lost income unless you had an ongoing contract. Additionally, stay at home parents may not have access to some compensation. Even if they had to take on the additional expense of childcare because they could not fully attend to their children during recovery.
To prove special damages keep a close eye on bills, and lost income. For many people this means tracking disability checks, keeping copies of medical bills, and documenting that your doctor would not release you back to work.
General damages, unlike special damages, don’t often come with a set value. You can probably calculate what you’ve spent on prescriptions and how many paychecks you’ve lost. But can you put a dollar amount of the damage you’ve suffered from losing a limb?
It’s difficult for people to estimate a dollar amount on their own suffering. Too often, people feel that whatever the award is, it’s not enough. Is there a cap for what you can sue for when it comes to pain and suffering?
In GA there is not a cap for pain and suffering awards. When hearing these cases, judges decide the penalty and compensation on the many specifics, taking general damages into special consideration.
A judge may consider how physical damages affect your everyday life. They may ask you questions about how you enjoy daily activities and if you can continue with your old hobbies. For example, if you enjoyed painting but lost your dominant hand in an auto accident, you’ve lost a significant source of happiness.
Judges determine the amount you will receive for general damages based on similar cases and their best judgement. However when deciding how much to sue for you’ll want to discuss this in-depth with your lawyer.
Getting A Car Wreck Lawyer in Atlanta
When you’re pursuing a lawsuit for pain and suffering, you’ll want an experienced lawyer, who knows the Georgia court system well. A lawyer in GA should understand your specialized damages. But they should also help you attach a value to your general damages.
Be sure to get a lawyer as early into the process as possible. It is reasonable to get legal help before you file a lawsuit. A lawyer can help you learn how to prepare and guide you through the entire process. Don’t take on this task alone.
A Car Wreck Lawyer in Atlanta Can Help
Unfortunately, within Georgia, you do have a time limit to pursue a pain and suffering case. You only have 2 years to file a suit for pain and suffering. However, there is no cap that restricts you from seeking what you believe you deserve.
Call The Weinstein Firm to speak with a car wreck lawyer in Atlanta to schedule a consultation now. A consultation appointment can help you identify your specialized damages. It can also help you find out what generalized damages might apply to your case. Together you and an attorney can find a number that you feel justly represents your losses.