Going Beyond the Medical Bills: Pain and Suffering In Georgia Personal Injury Actions


March 18, 2018

Georgia Accident Attorneys Explains Emotional Damages in Georgia Personal Injury Claims

Georgia law permits lawyers to argue to a jury that their clients should receive compensation for their pain and suffering. The law allows attorneys in personal injury lawsuits to argue that the jury should consider the effect that the incident had on the plaintiff. That goes beyond calculating all of the “special damages,” such as medical bills and lost wages, along with direct and consequential damages. Assessing damages for pain and suffering requires juries to consider how the car accident, or another traumatic incident affected the plaintiff and the plaintiff’s family. Pain and suffering damages are meant to quantify damages that cannot be itemized, such as medical bills or lost wages. The question of how much pain and suffering a jury might award could come down to the difference between the accident victim’s life before and after the incident, taking into consideration the psychological pain the victim suffered as well as how the victim’s injuries affect their life. 

Georgia accident lawyers Montlick & Associates, Attorneys at Law, have over 34 years of delivering results for their clients. Our Georgia personal injury lawyers leave no stone unturned when investigating our client’s cases so they can present the strongest, most compelling, and winning case possible on their behalf. Our Atlanta accident lawyers possess the experience, knowledge, and determination to maximize our clients’ financial recoveries under the law.

Before and After

Juries can only decide the case based on the evidence admitted at trial and all of the inferences that logically flow from that evidence. Sometimes what jurors see is a sanitized version of the truth. Most often, the jury hears a version of the story that is judicially approved so that both sides can have a fair trial. The judge must make sure that the jury does not hear irrelevant, inflammatory, or evidence so prejudicial that admission of the evidence would cause an injustice. However, within that framework, courts allow plaintiffs to describe to the jury what life was like before they were hurt, contrasted with how life is after their injury.

The most compelling method of doing that, if the court permits, is to show the jury what is called “A Day in the Life…” video. A day in the life video will include static and motion shots of life before the accident and contrast that with what life is like after the accident. If done correctly, the day in the life video can make a tremendous emotional impact on the jury. This video aids the jury in assessing pain and suffering as well as the reduced quality of life after the accident for the plaintiff and his or her family. Usually, judges reserve Day in the Life videos for catastrophic injury cases when someone is paralyzed because of an accident or severely injured to the extent that simple testimony in court does not do the situation justice.

Evidence of Psychological Trauma Admissible

Even if the judge does not allow a video representation, you could testify about the psychological and emotional damage you suffered from your accident. Many people experience psychological trauma after an accident. For some, the trauma goes away. For others, the trauma is severe and the victim needs counseling and perhaps medication to help ease their symptoms.

Psychological trauma appears in the everyday life of an accident victim in many ways. Psychologists opine that emotional trauma manifests itself in the cognitive, behavioral, physical, and psychological aspects of the victim’s life. These manifestations take on many individual symptoms like anger, anxiety, depression, social withdrawal, and physical sickness.

Having the right lawyer to convey these concepts to the jury can be vital to the success of a claim. Merely reciting to the jury how sad a victim felt after the accident, while true, does not necessarily make a compelling case alone. Montlick & Associates’ Georgia injury lawyers know how to portray the facts and circumstances of our clients’ injuries to present their cases in the most favorable light. We fight hard on behalf of each injured client to obtain for them the maximum compensation to which they are entitled under the law.

Put Our Law Firm's Over 34 Years Of Legal Experience To Work For Your Case!

If you have been injured in any type of accident caused by someone else's negligence, contact Montlick & Associates today for your free consultation with an experienced Accident Injury Attorney in Georgia. Montlick & Associates has been representing those who suffer serious injuries throughout all of Georgia and in the Southeast for over thirty-four years.

No matter where you are located our attorneys are just a phone call away, and we will even come to you. Call us 24 hours a day/7 days a week for your Free Consultation at 1-800-LAW-NEED (1-800-529-6333). You can also visit us online at www.montlick.com and use our Free Case Evaluation Form or 24-hour Live Online Chat.

Sources:

https://www.cascadebh.com/behavioral/trauma/signs-symptoms-effects/

GA Code 9-10-184

Montlick & Associates, Attorneys at Law
17 Executive Park Dr NE
Atlanta, GA 30329
Telephone: 1 (800) LAW-NEED
Telephone: 1 (404) 529-6333    


Category: Auto Accidents

Please Note:
Many of our blog articles discuss the law. All information provided about the law is very general in nature and should not be relied upon as legal advice. Every situation is different, and should be analyzed by a lawyer who can provide individualized advice based on the facts involved in your unique situation, and a consideration of all of the nuances of the statutes and case law that apply at the time.