Does Georgia Put a Cap on Pain and Suffering?

pain and suffering-georgia

If you’re severely injured in any sort of accident, your Atlanta personal injury lawyer will demand pain and suffering. This is in addition to any compensation for medical bills, lost wages, and other losses. However, there is never a guarantee that you’ll receive this sort of compensation. You will have to prove that you experienced serious physical and emotional anguish as a result of your accident. Your attorney will have to submit specific evidence to prove this.

Your Atlanta Personal Injury Lawyer Has to Prove You’re Entitled to These Damages

Before you should worry about how much you can get in pain and suffering, your Atlanta personal injury lawyer has to prove your case. They’ll need to demonstrate that your accident caused physical and mental anguish. If they can do that, then you can discuss how much you can receive. Your attorney will work this amount into whatever settlement they negotiate with the defendant’s insurance company.

The Court Doesn’t Put a Cap on How Much You Can Demand

One of the great things about the courts in Georgia is that they don’t put a cap on pain and suffering. Some states do. They don’t want to issue damages awards that aren’t warranted. In Georgia, the courts let the attorneys figure this out for themselves. However, if an award for pain and suffering is unreasonably high, the judge can always reduce the damages to an award that is fair. All the defendant has to do is file a motion to modify damages.

There is a Basic Formula for Determining Pain and Suffering Damages

One of the first questions personal injury plaintiffs ask is how much money their case is worth. This isn’t necessarily a question you should ask at your first consultation. Until your Atlanta personal injury lawyer has had a chance to talk to the defendant’s attorney, they don’t really know what it’s worth.

They need to find out how strong your case is first. However, assuming your claim is strong, there is a general rule for determining your pain and suffering.

First, you need to see how much your medical bills are. Whatever these damages are, you’ll multiply anywhere from 3 to 5. That is how much your Atlanta personal injury lawyer will want to demand in pain and suffering. For example, if your damages for your physical injuries are $100,000, your attorney can demand anywhere from about $300,000 to $500,000.

Not All Plaintiffs Will Receive this Compensation

Just because you’re filing a personal injury case, that doesn’t mean you’re entitled to pain and suffering. Just like any other type of damages, your Atlanta personal injury lawyer has to prove that you deserve this sort of compensation. They can do this by having your doctor submit copies of your records.

Your family and friends can testify as to how bad your pain was. You may be asked to get on the stand and explain how your injuries have affected your life. Ideally, you won’t have to do any of these things. If your case is settled out of court, your Atlanta personal injury lawyer will discuss these things with the defense.

Call and Set Up a Date and Time to Meet with an Atlanta Personal Injury Lawyer

For the last year, things have been challenging due to the COVID-19 pandemic. Most of the courts in Georgia were closed or operating at reduced capacity for months. It became much harder to file a personal injury lawsuit. Atlanta personal injury lawyers had a difficult time wrapping up open cases given the court’s delays. Now that things are starting to get back to normal, or as normal as things can be, things are moving along once again.

This is good news is you need to file a new case. Just keep in mind that you and your attorney will likely meet online or by telephone. Unless there’s a need to meet in person, the legal system is trying to stay as safe as possible. This means your free, initial consultation may be done through video conference. Or it may be done over the phone.

If that’s the case, you’ll still get a chance to ask your attorney any questions you have. They’ll also give you an idea of what your case is worth. So call today and set up a date and time that works for you. And remember – the consultation is free so you don’t have to pay anything upfront.

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