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Understanding pain and suffering damages in Georgia

On Behalf of | Feb 3, 2023 | Personal Injury |

When injured, the first order of business is to heal, but shortly thereafter, one must take account of damages and consider legal remedies. In Georgia, an injured person has two years from the date of injury to file a personal injury claim.

Economic and non-economic damages

The economic damages one can sue to recover include incurred medical costs and lost wages, and then anticipated costs in terms of future care needed and employment opportunities diminished.

Non-economic damages are, among other things, the pain and suffering the injured party endured and may continue to face. This points to the severity of the injury and associated physical pain, as well as emotional distress, including but not limited to, anxiety, stress, fright, loss of dignity, humiliation, mortification, grief and shock.

Can pain and suffering be measured?

States differ in terms of what caps they have on damages. In Georgia, there’s no limit or cap set for pain and suffering. The Georgia Supreme Court ruled in 2010 that such caps were unconstitutional.

When calculating a sought for settlement, attorneys sometimes opt for an approximate formula called the “multiplier method.” This would be:

[Economic costs X (multiplier between 1 and 5)] = pain and suffering damages

Every case is judged on its own merits. Georgia also has a “modified comparative negligence” rule which states that the plaintiff can only sue to the extent that their own negligence didn’t exceed the defendant’s negligence that caused the injury.

Clearly, if you or a loved one is a victim of injury, one doesn’t go it alone, neither from a medical nor a legal perspective. The guidance and advocacy of experienced counsel can help sort out the elements of your case, so the best outcome is achieved.