Pain and suffering is a legal term for the physical and emotional suffering caused by an injury, including the pain and discomfort from the accident and its aftermath.
In Georgia, pain and suffering represent an essential component of non-economic damages in personal injury cases. Pain and suffering encompass the physical discomfort, mental anguish, and emotional distress experienced by an individual as a result of injuries sustained due to someone else’s negligence or wrongful conduct.
What Is Pain and Suffering?
In a car accident case or other personal injury case, pain and suffering refers to the physical discomfort, mental anguish, and emotional distress the victim experiences.
Pain and suffering can manifest in various forms and may include the following.
Physical Pain
Physical pain refers to the actual physical discomfort and bodily sensations experienced by the injured party as a result of their injuries. This may include pain from broken bones, lacerations, burns, soft tissue injuries, and other physical trauma sustained in the accident. The severity and duration of physical pain can vary depending on the nature and extent of the injuries.
Mental Anguish
Mental anguish encompasses the emotional distress, psychological trauma, and mental suffering experienced by the injured party as a result of the accident and its aftermath. This may include feelings of fear, anxiety, depression, helplessness, and hopelessness caused by injuries, medical treatments, and changes in the individual’s life circumstances.
Loss of Enjoyment of Life
Loss of enjoyment of life refers to the diminished ability of the injured party to participate in and derive pleasure from activities and experiences that were once enjoyable or meaningful to them. This may include hobbies, recreational activities, social events, and other aspects of life that are impacted by the injuries and limitations resulting from the accident.
Disfigurement and Scarring
Disfigurement and scarring refer to the physical changes and permanent scars resulting from the injuries sustained in the accident. These visible reminders of the accident can have a significant impact on the injured party’s self-esteem, body image, and quality of life, leading to emotional and psychological distress.
Impact on Relationships
Pain and suffering may also extend to the injured party’s relationships with family members, friends, and loved ones. The injuries and resulting limitations may strain interpersonal relationships, lead to feelings of isolation or alienation, and disrupt the injured party’s ability to engage in meaningful social interactions and activities.
Pain and Suffering in Georgia Personal Injury Cases
In Georgia, pain and suffering are recognized as legitimate forms of damages that injured parties may seek compensation for in personal injury lawsuits. To recover damages for pain and suffering in Georgia, the injured party must present evidence and testimony to establish the nature, severity, and duration of their physical pain, mental anguish, and emotional distress.
Evidence of pain and suffering may include medical records documenting the nature and extent of the injuries, testimony from medical experts regarding the impact of the injuries on the injured party’s physical and emotional well-being, and testimony from the injured party, family members, friends, and other witnesses regarding the effects of the injuries on the injured party’s life.
Georgia law does not impose specific caps or limitations on the amount of damages that may be awarded for pain and suffering in personal injury cases. Instead, juries are instructed to use their discretion and judgment in assessing the appropriate amount of compensation based on the evidence presented and the specific circumstances of the case.
Related Case Reference: Emma McDougald et al., Respondents, v. Sara Garber et al., Appellants.
