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What qualifies as pain and suffering?

On Behalf of | Jan 7, 2021 | Personal Injury

During a court case involving a personal injury, a number of compensation issues will arise. Most people in Georgia are familiar with compensation for lost wages or property. However, another compensation item may be introduced, which is called “pain and suffering.” This term reflects the physical and emotional injuries that the injured party has sustained. One of the issues is that it’s often difficult to determine what qualifies as pain and suffering. The following includes further information on pain and suffering and what evidence you can provide to support your claim.

Physical suffering

The first part is the physical suffering a person may have to endure. In serious motor vehicle accidents, the injured party could end up having severe physical pain throughout their recovery period. Some may even see that pain last for years. Understandably, people want to seek compensation for the constant pain that they are in. Here are some of the most common injuries that would qualify under pain and suffering:

  • Neck pain
  • Back injuries
  • Headaches
  • Paralysis

Emotional suffering

The other part of pain and suffering includes that which is psychological. In many cases, a person involved in an accident will develop PTSD. This might mean that they can no longer ride in a vehicle or have constant nightmares about the situation. These fears could lead to a person not being able to work for months or even years after the accident. An attorney may state that if it weren’t for the accident, the injured person would have been able to make a living. Some things that qualify as emotional suffering include:

  • Insomnia
  • Fear
  • Anger issues

Although the pain and suffering may be clear to you, the courts want to see evidence before they award you compensation. It is important to consult with an attorney as they may be able to guide you through the process of seeking the compensation you deserve.

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