Distinction Between General And Special Damages In Georgia
Georgia classifies personal injury compensation into two categories: general and special damages. General damages are those that arent easily assigned a dollar value. The loss of a child or the trauma of losing a limb are examples of general damages. Pain and suffering also falls into the category of general damages, and the compensation awarded varies from case to case.
Special damages are those that can be identified as a specific amount. Loss of income due to time off and medical bills are examples of special damages. They have a specific, quantifiable amount associated with them.
Can You Calculate Pain And Suffering Compensation Maybe Maybe Not
A serious and debilitating injury results in an individual being impaired and suffering losses that are difficult to imagine, let alone accept. With respect to awarding large sums to compensate accident victims for pain and suffering, Canadian courts have long had their hands tied. However, that is not to suggest that the courts have failed to provide justice to victims.
Calculating compensation for pain and suffering is an inherently flawed search for justice. There are many factors that might undermine the process. For example, the insurance claim may be insufficient, or perhaps the victims onerous medical expenses are adversely impacting his/her familys standard of living. In such cases, justice has not been served and the victim is paying the price for another individuals wrongdoing.
Can you calculate compensation definitively?
Can you or your lawyer calculate the compensation to which you are entitled for your pain and suffering? Not a definitive figure, no. In contrast to American television and movie dramas portraying accident victims reaping huge financial awards, the reality in Canada is rather more sobering. Canadas approach to pain and suffering compensation is markedly different from that in the U.S.
Nonetheless, this is not to say that Ontarios courts fail to make just awards for pain and suffering.
Present state of the law
- Pain and suffering
- Loss of amenities
- Loss of expectation of life.
Court award for pain and suffering
Witnesses May Affect The Settlement Value
The claimants witnesses may be a big factor in how much compensation is awarded for pain and suffering. Sometimes the insurance company will speak to witnesses before a lawsuit. The adjuster will decide whether he thinks the witness is honest and credible.
The witnesses can describe whether they saw the claimant in pain after the accident. When I ask a witness to sign an affidavit, I ask them to describe the claimants pain.
If a witness affidavit says that the claimant appeared to be in a lot of pain at the accident scene, it can help increase the value of the case.
Recommended Reading: Medicare Guidelines For Pain Management Injections 2021
Do I Have To Pay Taxes On A Pain And Suffering Settlement
Generally, no. The IRS has wrote a publication that says if you receive a settlement for personal injury, the settlement is non-taxable.
Here is part of the publications first page:
I added the box that says most settlements are not taxable. The actual law is Section 104, Internal Revenue Code.
However, some personal injury settlements may be taxable. Specifically, if you agree to a confidential settlement for pain, suffering or other damages, you may have to pay taxes on part of the settlement. Specifically, youll have to pay taxes on the part of the settlement that was paid for confidentiality.
This is why I do not like confidential settlements. Dont let the insurance company tell you that all of their settlements are confidential. For 99% of companies, this simply is not true.
How Much Can I Get For Pain And Suffering In Georgia
This content has been reviewed by Gary O. Bruce
There is a dangerous misconception that getting injured is like winning the lottery, or that people get more money than they need or deserve in personal injury lawsuits. That isnt true.
The amount of money you get in any personal injury lawsuit is supposed to cover all your medical bills AND any future medical bills related to your injury, plus the money you missed out on making because you were hurt and couldnt work. It is also compensating you for your pain and suffering, and this is where most of the extra money comes into play.
Injury claims are supposed to compensate you for ALL your damages, and the pain and suffering you experience because of an injury are very, very real damages. Unfortunately, pain and suffering are much harder to put a dollar value on than other types of damages.
Read Also: Shoulder Pain 2 Years After Surgery
Structured Settlements Are Not Taxable
To avoid paying taxes, some people opt to receive a lump sum settlement in a structured annuity. This is referred to as a structured settlement. An annuity allows you to receive periodic payments over a specified period of time. All of the payments, including interest, are tax free.
The following is the criteria for a lump sum settlement in a structured annuity:
- The award must be made in respect to personal injury or death
- Plaintiff and insurer must agree on whether the monies paid will be periodic, fixed or life term
- The insurer must purchase an annuity contract that is nontransferable , noncommutable and nonassignable .
- The insurer must remain liable to make payouts according to the agreed settlement
Can You Sue Someone For Emotional Distress
If you believe you have suffered emotional distress due to a specific incident, you may be able to sue the person responsible for it. However, this claim will not be successful without adequate evidence. You must show that you suffered from extreme emotional distress. This means more than just petty humiliations or insults. This type of emotional distress must be severe enough to cause you mental suffering.
In some instances, emotional distress claims are successful. For example, in the case of Shoen v. Amerco, Inc.3, the plaintiff sued the defendant for negligent infliction of emotional distress and employment contract termination. In this case, the defendants were found to have failed to warn of the danger to the plaintiff.
Once you file the lawsuit, the defendant will have to respond to it. This process is known as discovery. The court will review this information and then make a final decision. If the defendant refuses to settle, the lawsuit will go to trial. This can be a difficult and time-consuming process. For this reason, it is important to consult an attorney before taking legal action.
Don’t Miss: Bible Verses About Physical Pain And Healing
Pain And Suffering Damages In
Every car accident claim is unique, but the specific “manifestations” of pain and suffering in a car accident claim might include:
- the physical pain and discomfort caused by the car accident injuries themselves
- the physical pain and discomfort resulting from medical treatment that’s necessary to treat those car accident injuries
- negative effects of the physical pain , and
- impact of injuries/limitations on the claimant’s life, including loss of enjoyment of life, limitations on social/family life, and inability to pursue hobbies/sports.
There’s no universal method through which insurance companies analyze the four “manifestations” listed above and figure out an injury claimant’s pain and suffering, but let’s look at two of the most common techniques.
A Car Accident Lawyer Can Help
If you want to know more about filing a claim for pain and suffering, contact a car accident lawyer. A law firm investigates injury cases, determines claim values, and works to obtain a fair settlement or award. A consultation allows you to share your story with an attorney. You learn more about your legal options without having to commit to making a claim or filing a lawsuit. They deal with insurance companies and their attorneys, while you focus on rest and recovery.
To contact Dolman Law Group Accident Injury Lawyers, PA about setting up a free consultation on your claim you can either call our office at or fill out a contact form online.
Read Also: Chest Pain On Right Side When Breathing
When Will I Receive My Settlement
Most car accident cases settle as part of the insurance claim process, well before a court trial, and many reach resolution via the insurance claim process without a lawsuit ever being filed. Settlement of a car accident claim can happen in a matter of weeks, but it may take a year or more if the injured claimant is still receiving medical treatment and the full extent of the claim’s value isn’t clear.
That’s an important point to keep in mind: faster isn’t always better when it comes to settling a car accident case, especially if your injuries are serious and you’re not yet sure when you’ll fully heal and how your life might be impacted in the meantime. Particularly when it comes to the “pain and suffering” component of your damages, it’s crucial to wait until you have a complete picture of your losses before you accept the insurance company’s settlement offer.
Contact Our Injury Lawyers Today
If you or a loved one has been injured due to another individuals negligence, the victim may be entitled to compensation for their pain and suffering. At Greg Monforton & Partners, our injury lawyers in Sarnia are experienced in pain and suffering claims and can help guide you through the entire litigation process.
We are ready to provide comprehensive legal counsel to ensure that you receive the MAXIMUM amount of compensation you deserve under Canadian law. Our office is located in Windsor, Ontario and we proudly represent victims throughout the following areas:
You May Like: Back Pain Can’t Move
How Pain And Suffering Compensation Is Calculated
Personal injury lawsuits often pursue compensation beyond the costs of medical expenses and direct damages.
This additional compensation is paid for the victims pain and suffering which they dealt with throughout recovery or on an ongoing basis.
After suffering an injury, there are two forms of damage: general and special. Special damages are anything with a directly quantifiable value, such as medical expenses, lost income, and property damage.
General damages are much harder to prove and quantify. This is where pain and suffering falls. It might include pain and discomfort in the body, inability to perform certain tasks, or other physical ailments. It can also include emotional trauma.
Although it might seem impossible to put a price on something as individual and subjective as pain and suffering, there are two common methods used to calculate a price for it in a lawsuit.
Pain And Suffering Settlement Amount Calculator
Multiply pain and suffering X medical expenses + loss of income = Injury settlement
The settlement formula can be broken down as follows:
- Medical Expenses: The medical expenses include physical therapy, prescription drugs, braces, walkers, wheelchairs, chiropractic, orthopedic care or other medical treatment, surgery, hospital visits, x-rays, lab tests, ambulances, and so forth.
- Lost Income: Add up the amount of money you lost from missing work due to your injury. This includes missing out on a potential job opportunity, such as a job interview, or freelance work.
- Pain and Suffering Multiplier: The typical range of the multiplier is generally between 1.5 and 5, and includes emotional distress and inconvenience.
Don’t Miss: Early Pregnancy Left Side Pain
A Lawyer Can Create A Compelling Argument To Increase The Odds You Will Recover Compensation
Insurance companies often remove the human element from a personal injury claim calculation. They want to devalue or deny as many claims as possible, limiting what victims can recover for pain and suffering.
A lawyer will bring the human element back to the forefront by clearly establishing the compensation a victim deserves for their suffering. A clear, compelling argument can make it easier to recover needed compensation.
Do Insurance Companies Multiply Your Medical Bills By A Number To Calculate Your Case Value
I do not believe that they do. However, I know two attorneys who use this approach in some cases.
Nevertheless, this calculation is called a pain and suffering multiplier. In Alices case, the settlement amount was around 17.5 times Alices out of pocket medical bills .
Take a look:
In other words, the pain and suffering multiplier was around 17.5.
Read Also: Pancreatic Cancer Pain Worse At Night
How Much Money Can You Get For Pain And Suffering For A Brain Injury
Brain injuries can be valuable in terms of settlement value. You dont need to have a plate put in your skull to have chance at getting a big payout in a head injury case.
One key to increasing your chances of receiving a big pain and suffering settlement in a head injury case is if you get a brain MRI that has an abnormal finding. Abnormal means that your brain isnt normal.
On the MRI report, look for the word abnormal. If the radiologist says one or more of the following on the MRI report, it increases the full value of your pain and suffering:
- Abnormal constellation of finding involving both cerebral hemispheres along frontal lobe gray-white matter interfaces.
- The abnormal findings are in the common location for posttraumatic axonal shearing injury.
- The gray-white matter interface is commonly involved in shearing injury in trauma.
- Its likely or medically probable that the above findings may be areas of posttraumatic axonal shearing injury related to the accident.
Diffuse axonal injury is the shearing of the brains long connecting nerve fibers that happens when the brain is injured as it shifts and rotates inside the bony skull. It increases the value of your pain and suffering payout.
If your MRI report says that you had shearing due to trauma, this is good for your case. This means that the radiologist believes that the accident caused the shearing of your brains fibers.
How Is Pain And Suffering Calculated In Illinois
Calculating pain and suffering damages in Illinois is not as straightforward as calculating other types of financial compensation. Unlike with damages like your medical expenses, there is no objective way to determine what a pain and suffering claim is worth. This means that a judge or jury will need to consider a wide range of factors when awarding damages in a personal injury claim.
Some of the things that will be considered in this aspect of an injury claim include:
The severity of the injuries sustained
The duration of the pain and suffering
The impact the injuries have had on the victims life
The victims age and health
The defendants culpability or negligence
Generally, the more severe the injuries, the higher the damages awarded for pain and suffering. Additionally, if the victim has experienced a great deal of pain and suffering for an extended period of time, they are likely to receive a larger award.
Damages might be subjective, but calculating them relies on some set factors like the cost of your medical care. A personal injury lawyer from our law firm could help you pursue fair compensation for the physical pain and emotional pain you suffered. The right attorney client relationship could make a world of difference to your recovery.
In this article:
Read Also: Endo Pain All The Time
Talk To A Seasoned Injury Attorney In Texas
When you’re seriously hurt in an accident, your whole life will change. You may not be able to resume your career. You could end up in a wheelchair. For all you know, you may be fine. It all depends on your injuries and your recovery. Your Texas personal injury lawyer will try to get you as much money as possible in your personal injury settlement with the insurance companies or insurance adjustor. You just want to be realistic about your expectations. It’s a good idea to go into things assuming that you won’t get any money for physical pain and emotional distress. That way, whatever you do get will be a total surprise.
In order to find out what your case may be worth and get valuable legal advice, you should call and talk to a skilled Texas accident lawyer. They can review your case, including your medical records. They can look at your work history and find out what the doctor has to say about your future ability to work. They’ll answer your questions and reach out to the other parties. Once they’ve done this, they will have a better idea of what your case is worth. They can also get in touch with the insurance companies to negotiate a settlement. You should call right away and schedule your free, initial consultation. Call today.
Pain And Suffering Compensation Is Tough To Get In Some Car Accident Cases
Some states have No Fault laws that require car owners to have No-fault insurance. Basically, car owners in these states are required to have PIP coverage that pays for medical bills. PIP pays regardless of fault.
In states like Florida, there is trade off for this No-fault coverage. Let me explain.
In most Florida car accident cases, you need a threshold injury in order to get compensation for pain and suffering. What happens if the insurance company does not think that your injury meets the tort threshold threshold?
The adjuster will reduce the full value of your pain and suffering by the estimated percentage chance that you wont be able to meet the tort threshold. This can really cut down the value of a car accident case. It is a bad law for people injured in car accident who are not at fault.
Don’t Miss: How Long Does C-section Pain Last
Example Of Reducing Pain And Suffering Value For Leg Injury By Victims Fault
When calculating how much your owed, reduce your pain and suffering by your percentage of fault. You then have the settlement value for the pain and suffering component of the case.
For example, lets say that you were a pedestrian standing next to your car. The car hits you. The driver could say that you shouldnt have been in the street.
To keep it simple, well put 10% of the fault on you. Thus, the truck driver is 90% at fault. Your entitled to 90% of the full value of pain and suffering. If the full value of your pain and suffering is $225,000, then youd get 90% of it, which is $202,500.
You can still make a claim for your medical bills and lost wages.
I settled a similar case for $325,000. My client, the pedestrian, fractured his lower leg bone .