Pain and Suffering

As spring has sprung we look forward to more time outdoors, and to enjoy many activities not available in colder weather. We embrace the beautiful weather, the colors of new growth and  the outdoor sounds of birds and insects. We get together with our family and friends to enjoy life and take joy in one another. 

The enjoyments of life that we all take for granted are recognized under Georgia law as part of a component of damages when a person becomes injured. When a person is injured and can no longer enjoy their quality of life, these losses are covered under the term of pain and suffering. These losses of the quality of life are oftentimes more important to a client than any economic loss because even if you have a lot of money, how can you enjoy it when you are suffering, or have a physical limitation?

This recognition by the law in accident situations also extends to more tragic circumstances such as actions brought for wrongful death. In a wrongful death case the Court normally charges a jury to consider the intangible value of a life of a person which includes how they enjoyed life while they were alive.

Enjoyment of life also extends to the enjoyment of our relationships with our spouse. When one is injured a relationship can also be injured. Oftentimes a spouse suffers more than the physically injured person. Roles in relationships become reversed. Wives become caregivers, and breadwinners when their husbands become incapacitated. When a relationship is damaged their is a derivative cause of action given to spouses for their own losses. This is called loss of consortium. It is based on the old common law doctrine of property damage. In the old days women were property of men, and when a wife was damaged she was considered property of a man, and the man could be compensated for damages to his property. This being unfair the system gives this property right to both men and women.

The law's recognition of these non economic component of damages speaks highly of our legal system. It shows that our system of justice recognizes that people are more than just a wage earner but are human beings with thoughts and feelings. When people get injured they often suffer more physically, and emotionally than economically.

When a trial lawyer like myself is given the privilege of representing injured persons we must recognize and explore the many aspects of individual pain and suffering.  At trial we have to  prove and explain to a jury how our client and their families have gone through their own painful trial due to the negligence of another. Pictures, videos, and diaries assist the trial lawyer in their presentation to a jury panel, or judge.

We should be proud of our legal system which recognizes and respects the humanity we each have in us.