Just today, I received a call from an individual who wanted a second opinion on his
personal injury claim. He was severely injured and just wanted to ensure that his current
attorney was doing everything possible to obtain maximum value for his
injury case. We discussed his claim at length and based upon what he was
telling me, it sounded like his lawyer was doing a good job. I provided
him with a couple of tips and things to look for in his case, but most
importantly I told him that he needs to give his attorney a call and set
up a meeting so they could discuss the claim in more detail.
Right as we were about to end the conversation, he said, "One last
question, how much pain and suffering can I get for my claim?" This
is a loaded question that is highly dependent on the specific injuries, but
the short answer is legally there is no limit to the amount of money that
you are entitled to claim for pain and suffering in Georgia.
Important Factors That Determine How Much Compensation You Will Receive
With that said, there are practical limitations to the amount of money
you will receive for pain and suffering in your personal injury claim.
The most important factor is your injuries and the following questions
must be answered:
- What is the nature of your injuries?
- What body part(s) was/were injured? Are the injuries permanent?
- Did the injuries require surgery?
- Was the surgery successful?
- What about a future surgery?
Thus, the more extensive and
serious the injury the more money for pain and suffering. Tied to your injuries are your
actual medical bills. Generally, your medical bills are indicative of
your injuries to the extent that the larger your medical bills the more
likely that you received a significant injury.
But watch out, simply undergoing more medical treatment to increase your
medical bills will not result in a larger pain and suffering award if
the insurance company does not think that the medical treatment is reasonable
or related. Insurance companies are extremely mindful of "over-treating"
for an injury and will actually use that to penalize you in your claim.
Another consideration to the amount of pain and suffering money you will
receive is tied to the amount of insurance coverage available for your
claim. If your medical bills exceed the available insurance policy limits
and the responsible party does not have any other money to pay your claim,
then your "pain and suffering" will be constrained by the limits
of the insurance available.
Remember that every case presents unique circumstances that may impact your
personal injury claim.
If you want to know more about the value of your personal injury claim,
do not hesitate to
call the experienced Atlanta personal injury lawyers at Henningsen Injury Attorneys, P.C. We are available 24/7 to answer all
of your legal questions.