Pain & 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.

Pain and suffering includes mental suffering, but emotional or mental suffering is not itself a legal part of damages unless there is also a physical injury. The law spells out examples of pain and suffering such as worry, anxiety and shock, and loss of capacity to work or labor, separately from earnings, may be considered as an item causing mental suffering.

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 ecover because of this “pre-existing injury.” In fact, the attorneys 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.

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.

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