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Pain and Suffering: What is it and how is it calculated?

February 11, 2019

Pain and Suffering

When you’ve been injured as a result of the negligence of another person or business, it’s possible to seek compensation for damages and expenses that you’re owed. If you’re looking at your legal options for obtaining compensation, our lawyers at Nicholson Revell can advise you on which options are currently available to you. In most cases involving an injury that occurred because of the negligence of another, you are entitled to compensation for pain and suffering. Even though it’s relatively simple to quantify medical expenses and lost wages in a personal injury case, it can be more difficult to identify how much you should receive to compensate you for the pain and suffering you have endured as a result of your injury. Understanding what pain and suffering is as well as how it’s calculated should make you better prepared for your case.

What Is Pain and Suffering?

If you’ve recently been injured as a result of the negligence of another individual or company, it’s possible to file a lawsuit for damages resulting from your injury. The law recognizes several different types of damages that can be recovered in a personal injury lawsuit, which include medical expenses and lost wages from being unable to work because of the injury. These damages are sometimes referred to as “economic” damages. Another item of damages is pain and suffering, sometimes referred to as “non-economic” or “human” damages. Georgia law recognizes a variety of elements of pain and suffering including:

* Physical Pain and Suffering, past and future

* Mental Anguish, past and future

* Disability and/or Disfigurement

* Interference with Enjoyment of life

* Impairment of Health and Vigor

* Loss of Capacity to Labor

* Shock and Fright

As you can likely ascertain, pain and suffering damages can be more difficult to calculate than other types of damages. However, in many cases, the impact of pain and suffering on an individual and his or her family is far greater than the economic impact of medical expenses and lost wages. Therefore, it is crucial that your attorney is able to fully develop the evidence and present a compelling case on pain and suffering.

How Is Pain and Suffering Calculated

Georgia Law provides that the value of pain and suffering damages is to be determined solely by the enlightened conscience of a fair and impartial jury. Corporate Defendants and Insurance Companies will try to minimize your recovery for pain and suffering through a variety of tactics. Here at Nicholson Revell, our lawyers do not blindly accept their position on pain and suffering. Instead, we are experienced in developing evidence to prove to juries the true value of the pain and suffering that you have experienced as a result of your injuries. We have also developed strategies to effectively present the evidence we’ve developed in order to maximize your recovery for pain and suffering. In short, we strive to tell the true story of how your injury has impacted your life rather than simply looking at the amount of medical bills and lost wages.

Firm News & Accreditations

Super Lawyer Martindale Peer Review Georgia Trial Lawyers Association Member American Institute of Personal Injury Attorneys Top Lawyer 2016 The National Trial Lawyers

Contact Information

Nicholson Revell LLP Attorneys at Law
4137 Columbia Rd.
Augusta, GA 30907
706-722-8784

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