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  1. #1
    Join Date
    Nov 2009
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    1

    Default How Does the Judge Determine Pain and Suffering

    My question involves small claims court in the state of: GA

    Should the pain and suffering be claimed separately from the actual loss or it will be awarded by the judge automatically?

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: How Does the Judge Determine the Pain and Suffering

    Small claims courts do not award non-quantifiable damages, such as pain and suffering.

    Small claims court is strictly for documented damages, such as medical bills or lost wages.

  3. #3
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: How Does the Judge Determine the Pain and Suffering

    I can't speak for all states, but some states do permit "pain and suffering" damages in small claims court. I haven't seen a prohibition of non-economic damages claims for Georgia. Here's a short article about Georgia Magistrate Court.

    Submit your proof, make your request for damages, then the court decides.

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