What is the Most Money I Can Receive for Pain and Suffering?
April 11, 2016
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.