Pain and Suffering

Georgia law has historically provided that damages can be awarded to those who suffer mentally and physically as a result of physical injuries caused by the negligence of another. Specifically, today, Georgia Pattern Jury Instructions provide that:

“Pain and suffering" is a legal item of damages. The measure is the enlightened conscience of fair and impartial jurors. Questions of whether, how much, and how long the plaintiff has suffered or will suffer are for you to decide. Pain and suffering includes mental suffering, but mental suffering is not a legal item of damage unless there is physical suffering also. Anxiety, shock, and worry are examples of what might be included under mental pain and suffering, and loss of capacity to work or labor, separately from earnings, may be considered as an item causing mental suffering.

“If [the jury] finds that the plaintiff’s pain and suffering will continue into the future, it should award damages for such future pain and suffering as you believe the plaintiff will endure. In making such award, the jury’s standard should be your enlightened conscience as impartial jurors. A jury is entitled to take into consideration the fact that the plaintiff is receiving a present cash award for damages not yet suffered.”

Many who are injured by the negligence of another but who also have been injured in that same part of their body before believe that they cannot recover because of this “pre-existing injury.” In fact, the Trial Lawyers at McAleer Law have heard countless stories from clients who have stated that “the insurance adjustor said that I cannot recover damages because I have pre-existing conditions”. This is wrong. Georgia damages law has always provided a remedy for those who have pre-existing conditions:

“No plaintiff may recover for injuries or disabilities that are not connected with the act or omissions of the defendant in this case. There can be no recovery for a particular plaintiff for any injury or disability that was not proximately caused by the incident in question. If you should find that, at the time of the incident, the plaintiff had any physical condition, ailment, or disease that was becoming apparent or was dormant, and if you should find that the plaintiff received an injury as a result of the negligence of the defendant and that the injury resulted in any aggravation of a condition already pending, then the plaintiff could recover damages for aggravation of the preexisting condition.”

If you or a loved one has experienced pain and suffering resulting from such a catastrophic injury, you may seek monetary compensation from the person or corporation responsible. Contact aggressive and experienced Atlanta, Georgia injury lawyers to discuss your case, free of charge. 404-816-7374.