Legal Question in Insurance Law in Georgia

Pain and Suffering

I was on vacation in 6/2007 and when I returned my home was completely flooded by the negleance of ''Home Depot'' contractor who left the water running....It has been over a year and they have admitted fault but they are refusing to pay pain and suffering...I have had to live in hotels, my sister home and my friends home...when ALL I request is resolution...please advise


Asked on 11/13/08, 8:53 am

2 Answers from Attorneys
Scott Riddle Law Office of Scott B. Riddle, LLC

Re: Pain and Suffering

It is unlikely any company in that situation would offer "pain and suffering" in a settlement since you apparently had no physical pain and suffering. You do not have a personal injury case - you have a property damage case. You can either resolve it for what is hopefully actual damages (repair, hotel, rent, etc.), or take your chances on a lawsuit to get "pain and suffering" (and, even if you do, give 35-40% of total to your lawyer).

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Answered on 11/13/08, 9:04 am
Ronald Arthur Lowry Ronald Arthur Lowry

Re: Pain and Suffering

You cannot get damages for "pain and suffering" in a property damage case. The law does not permit that in GA.

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Answered on 11/13/08, 10:32 am


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