Recovery for Pain and Suffering: Your Time to Act is Limited

Laws that recently took effect in Georgia affect personal injury cases in important ways. One issue lawmakers address is the amount that can be awarded for pain, suffering, and other noneconomic losses. While victims can still seek damages for these effects, lawmakers have significantly restricted how information on the subject can be introduced in court, making it much more difficult to secure a full award.

It becomes more important than ever to work with an attorney who understands how to present arguments and evidence effectively in court. If the new rules are not taken into consideration during every step of the case, you may lose out on receiving full and fair compensation for the losses you’ve experienced.

What are Noneconomic Damages?

When you’ve been injured in a car crash, truck accident, or other situation where someone’s irresponsible acts caused harm, then once your legal team establishes liability, you should be able to receive compensation for the different impacts the injuries have had on your life. 

Economic Losses

Some of these impacts have a direct monetary value. For instance, if you missed two years of work because you were unable to perform your job, then you should receive compensation to make up for two years of lost wages. If your bills from the hospital, doctor, and rehab facilities totaled $60,000, then you should receive funds to cover those costs plus amounts to pay for additional treatment your injuries require in the future. Those are known as economic damages because they cover your economic losses—the impacts that have a calculable economic cost.

Noneconomic Losses

Noneconomic damages cover the impacts that do not have a monetary value but that have a “real life” value because of the effect they have on your life. One of the most obvious noneconomic losses you can endure is pain. People who have not been through what you’ve experienced have no idea what it is like to face unrelenting pain. Although you can’t put a dollar value on a life free from pain, we all know that it is worth a lot.

Personal injuries reduce the quality of your life in numerous ways. You may suffer serious anxiety and PTSD. You miss out on life events. You are prevented from enjoying the activities that were such an important part of your life before the accident. All of these things have tremendous value, but they are hard to calculate mathematically. These are noneconomic damages. They often amount to much more than the economic damages in a personal injury case.

How Attorneys Set a Value on Noneconomic Damages

So, how do you put a price on pain and suffering? It isn’t easy. The value is supposed to be determined by its effect on the victim, not by its effect on the average person.

The standard generally used is somewhat vague. It specifies that the amount should be reasonable and based on an impartial judgment of an enlightened jury.

Some of the factors that may impact the size of an award for noneconomic damages include:

• The severity of the injury
• How long it takes to recover
• Whether the victim is expected to make a full recovery
• The effects of the injury (short and long term)
• The pain associated with medical procedures needed in the future
• The consequences for the victim’s family

A personal injury attorney will often introduce evidence from a variety of sources to demonstrate the impact the injuries have had on the victim’s life. This could include medical records, the opinions of medical experts, and testimony from family and friends who have witnessed the change. It can be very helpful to have a journal created by the victim that shows the impact of the injuries on a daily basis.

New Restrictions on Evidence Regarding Pain and Suffering

Recent changes in Georgia law restrict how attorneys may seek damages for pain, suffering, and other noneconomic losses. Before the change, personal injury lawyers could raise the issue of the value of pain and suffering at any point in the proceedings that was reasonably related to the evidence. Now, under the revised version of Section 9-10-184 of the Georgia Code, the value can only be discussed after the parties have finished presenting evidence. 

Additionally, their arguments must be “rationally related” to the evidence of noneconomic losses. In the past, attorneys have often used comparative monetary figures from other aspects of life to put the suffering into perspective. There is no guideline on when a figure should be considered “rationally related” to the evidence, so defense teams will certainly take advantage of the opportunity to argue that any amount suggested fails to meet the standard.

Finally, the changes in the statute also essentially specify the time at which the arguments about the value of noneconomic damages must be introduced in the attorney’s statements. All in all, the changes severely limit the ability to argue the issue effectively, so attorneys need to be prepared to introduce appropriate evidence and make their strongest arguments at the precise time required by law, or they may prevent their clients from receiving the full amounts they should receive for their losses.

Work with a Legal Team That is Prepared to Work Effectively to Secure Maximum Compensation for Pain and Suffering

At Michael M. Day Law Firm, we anticipated these changes before they took effect, and we’ve consistently ensured that our strategies take full advantage of every opportunity to obtain a full and fair recovery for every loss our clients have experienced. But not every law firm is prepared to fight effectively in litigation. Often, there is pressure to settle cases quickly to handle a large volume of clients, rather than to work intensively to secure the best recovery for each individual client. We limit the number of clients we take on to devote our efforts to obtaining maximum compensation through litigation, if necessary. If you were hurt in a car accident or other incident that may have been caused by another person’s negligent conduct, call us at 404-480-4284 or contact us online for a free case evaluation to learn more about your possible recovery.