Please write a narrative describing the prompts below. There is no right or wrong answer in terms of length, style, etc. Please just describe how you have been affected by everything you’ve been through. This should include:
- Your experiences with medical treatment.
- Anything you thought about when filling out the questionnaire above: activities you’ve been unable to do, things you can’t enjoy, etc.
- The pain and suffering you have experienced (see below).
The following factors are considered under Georgia law to evaluate pain and suffering. These numbered factors are the actual law in Georgia, this is what a jury is told to think about when valuing someone’s damages. We need examples and stories from your life to demonstrate how this incident/accident and your injuries have affected you in each of the following ways:
- interference with normal living – this is the subject of the first part of the questionnaire; please expand upon how your normal life has been affected.
- interference with enjoyment of life – this is the subject of the second part of the questionnaire; please expand upon how you have lost enjoyment of different parts of life.
- loss of capacity to labor and earn money – if this has limited you physically in a way that will affect your ability to work or your earning capacity, how does that affect you mentally/psychologically?
- impairment of bodily health and vigor – physically not being able to do things you used to do and the psychological impact of being limited in what you can do. What is it like for your body to be different from the body you’re used to? What is it like to have your choices taken away because of those changes and limitations?
- fear of extent of injury – the experience of being hurt and the uncertainty of when and if you would get better. Have you experienced fear, worry, or anxiety about your health, your treatment, and what the future holds?
- shock of impact – the actual experience of the incident/accident and its aftermath; Suffering the trauma of the event itself is something no one should have to experience – describe that. It is also a memory you will always carry with you – does this ever bother you or continue to affect you?
- actual pain and suffering, past and future – describe the actual physical pain; when and how often you felt or still feel it; the different kinds of pain; how it has changed over time; how you cope with it, whether with formal treatment, at-home treatment, medication, etc.; how long the pain lasted; how long you will have to continue to deal with pain; etc.
- mental anguish, past and future – the mental, psychological pain you have dealt with and/or will continue to deal with because of all the above. This can be whether it’s stress, depression, sadness, anger, etc.: What are the mental manifestations of everything you’ve been through or are still going through? How have your physical challenges affected your mental health, mood, and attitude?
