What Is Pain And Suffering for Personal Injury?
Understanding Pain and Suffering
Pain and suffering are types of legal damage. It refers to the physical pain and emotional distress a person experiences after being hurt in an accident. This might come from a car crash, a slip and fall accident, or another serious incident.
It’s different from medical bills or lost wages because those are easier to measure. Pain and suffering aren’t. It’s personal and subjective, and that makes it harder to put a price on.
If you’re wondering whether you can file a pain and suffering lawsuit or how the value of your experience is determined, you’re not alone.
What Counts as Pain and Suffering?
Pain and suffering cover more than just physical. Here are common examples:
- Physical pain from injuries like broken bones or burns
- Long-term disability or chronic pain
- Emotional distress, anxiety, or depression
- Loss of enjoyment of life
- PTSD(Post Traumatic Stress Disorder) or sleep disorders
- Embarrassment from scarring or disfigurement
Basically, anything that changes how you live or feel because of the accident can be part of your claim.
How Much Can You Sue for Pain and Suffering?
There’s no limit on how much you can seek for pain and suffering damages in most Georgia personal injury cases. So the amount you can sue for depends on your specific situation. Your lawyer will consider the facts, evidence, and how your life has changed.
Realistic Expectations: What’s “Fair”?
There’s no perfect answer to how much your pain and suffering settlement should be. But here are a few realities to consider:
- Insurance companies don’t like to pay for non-economic damages
- They often push back or offer low amounts
- A lawyer who’s familiar with your local court system can help you know what’s reasonable
The stronger your medical records and personal statements, the better your chances of getting a fair payout.
What Makes a Pain and Suffering Claim Stronger?
You need more than just words. To support your claim, you should try to document everything clearly.
Key things that help:
- Doctor’s notes and diagnosis
- Photos of injuries
- Pain journal: Daily notes about how the injury affects your mood, sleep, or daily tasks
- Mental health records: Counseling notes, prescriptions for anxiety or depression
- Testimony from family and friends about how you’ve changed
- Employment records if the injury affects your job performance
The more proof you have, the harder it is for insurance companies to deny your suffering.
Why Insurance Companies Push Back?
Insurance companies don’t like paying for pain and suffering. Here’s why:
- There’s no clear dollar amount to attach
- It’s harder to “prove” than a broken bone or ER bill
- They want to settle quickly and cheaply
They may argue your pain isn’t serious or that it’s not related to the accident. That’s why having a lawyer matters, especially one who’s dealt with pain and suffering lawsuits before.
Can You Still Get Pain and Suffering if You Were Partly at Fault?
Yes, but it depends on how much fault you share. Georgia follows a modified comparative negligence rule. That means:
- If you’re less than 50% at fault, you can still recover damages
- Your compensation will be reduced based on your percentage of fault
So if you’re found 20% at fault, your total payout drops by 20%. That includes pain and suffering compensation, too.
Examples of Pain and Suffering Cases
Here are some situations where pain and suffering played a key role in the settlement or court award:
- A mother who couldn’t lift her child after a back injury
- A veteran who developed severe anxiety after a motorcycle crash
- A teen with permanent scars from a dog attack
- A retail worker suffering PTSD after a robbery
Each case is unique. But what they all have in common is how the injury changed someone’s life.
When to File a Pain and Suffering Claim?
Georgia has a two-year statute of limitations for personal injury claims. That means you must file your lawsuit within two years of the accident.
It’s best to start sooner. The longer you wait, the harder it becomes to collect strong evidence.
Why Some Claims Are Denied
- You waited too long to get medical care.
- Your records are incomplete or inconsistent.
- You had a pre-existing condition that insurers blame.
- You didn’t follow your doctor’s advice.
These issues weaken your claim, but a lawyer can help fix or explain them.
How Seay/Felton LLC Trial Lawyers Can Help?
If you’re dealing with pain after an accident, you deserve more than just medical bill coverage. You deserve to be heard and compensated for the full impact on your life.
At Seay/Felton, we:
- Take the time to understand your story
- Help gather strong documentation
- Negotiate with insurance companies that try to downplay your pain
- Go to trial when necessary to fight for your rights
We’ve helped people across Georgia receive the pain and suffering settlement they deserve.
What’s next?
Pain and suffering aren’t about just being uncomfortable. It’s about how an injury steals part of your life.
If someone else’s negligence caused your injuries, you have the right to be compensated both for what you paid and what you’ve lost. Reach out to Seay/Felton LLC Trial Lawyers for a free consultation. Let us help you build your case, protect your rights, and start your recovery.
Frequently Asked Questions
Yes, in some cases. Emotional trauma alone may qualify, especially if it affects daily life. But having documentation from a therapist or doctor is important.
It depends. Some cases settle in a few months, others can take over a year. Delays often happen if there’s a dispute about fault or how severe your injuries are.
Not always. Most claims are settled outside of court, but if the insurance company won’t offer a fair amount, the personal injury lawyers at Seay Felton will assist you with the next step.
You can still claim pain and suffering if the accident made your condition worse. Medical records showing the change will be key to your case.
Yes, you can. Even short-term pain, emotional distress, or disruption to your daily life may qualify. The impact on your quality of life matters, not just the length of recovery.
Yes, you can. If the impact caused emotional distress, short-term pain, or disrupted your daily life, you may be eligible. The key is showing how the event affected you physically or emotionally with clear documentation.
