How Are Pain and Suffering Damages Calculated?

Georgia is a fault-based state for personal injury cases. This means that when a party causes someone to be injured, the party can be held legally responsible for the victim’s injuries and losses. Losses include economic damages, such as lost wages, medical bills, and out-of-pocket expenses.

The injured party can also seek compensation for their non-economic damages or “pain and suffering damages.” These damages may not have a bill or invoice, but an experienced Atlanta personal injury lawyer can help you determine the value of pain and suffering damages for your claim.

Table of Contents

What Are Pain and Suffering Damages in a Personal Injury Case?

When a person is injured, they incur financial losses. However, they also experience physical pain and emotional suffering. The court cannot undo the suffering a victim experiences, but it can compensate them for the harm caused by another party.

Examples of pain and suffering damages in a Georgia personal injury case include:

Physical Pain and Discomfort: Pain includes the suffering caused by physical injuries and the discomfort caused by the necessary medical treatments.
Emotional Distress and Mental Anguish: This category of non-economic damages includes psychological injuries such as PTSD (post-traumatic stress disorder), depression, severe anxiety, and mental trauma
Impairments and Disabilities: Catastrophic injuries could lead to permanent disabilities or impairments, such as spinal cord injuries, traumatic brain injury, amputations, and cognitive impairments.
Loss of Enjoyment of Life and Quality of Life: The pain, suffering, and impairments caused by an accident can result in diminished quality of life. A victim may be unable to participate in favorite activities, return to work, or continue close relationships with loved ones and friends.
Scarring and Disfigurement: Injuries may cause significant disfigurement and scarring, including loss of limbs and severe burns.

Each person suffers differently, even when they sustain the same injuries. Therefore, pain and suffering damages are subjective. You cannot base your experience or damages on another party’s experience or pain and suffering settlement examples.

How Do I Prove Pain and Suffering Damages for a Personal Injury Case in an Atlanta, GA?

Because non-economic damages are subjective, proving the value of your pain and suffering can be challenging. Medical records and therapy notes are critical pieces of evidence in a personal injury case. However, your testimony is also essential.

Your attorney may ask you to begin a pain and suffering journal. Your journal contains notes about pain, suffering, and quality of life. Include details about your physical struggles, emotional state, and how your injuries impact your daily activities.

What Is the Value of Pain and Suffering Damages?

There is no statutory formula or “pain and suffering calculator” used for personal injury claims in Georgia. Instead, the factors of your case are used to determine the severity of the suffering and pain you experienced.

Factors impacting pain and suffering damages include, but are not limited to:

The type of injuries sustained in the accident
The extent and severity of impairments and disabilities
Scarring and disfigurement caused by the accident and your injuries
The medical treatments required for your injuries
The duration of your recovery
Whether you can return to work or earn income
The insurance coverage available for your claim, including the policy limits
Whether you could be partially at fault for causing your injuries (i.e., contributory fault)
The strength of your evidence proving the other party caused your injuries

Our lawyers carefully analyze all factors impacting the value of damages. Some factors may increase how much your case is worth, such as sustaining a permanent impairment or catastrophic injury. Other factors could decrease how much your case is worth, including comparative negligence.

Calculating How Much Your Pain and Suffering Damages Are Worth

Lawyers, courts, and insurance companies typically use one of two methods for calculating pain and suffering damages. Those methods are:

Per Diem Method

Pain and suffering is based on a set amount per day. The amount is based on the relevant factors in your case. The value of pain and suffering equals the per diem multiplied by the number of days during your recovery. Your recovery period is calculated from the injury date through the date your doctor states you reached maximum medical improvement. MMI is when your doctor determines if you have recovered fully or if no additional medical treatment is expected to improve your condition.

Multiplier Method

The multiplier method uses the factors above to assign a number between 1.5 and five. The number represents the severity of the victim’s pain and suffering.

Therefore, a case involving traumatic brain injury that results in significant cognitive impairment may result in a multiplier of four or five. A case of whiplash that results in no permanent impairment and heals in a few weeks would result in a lower multiplier.

The victim’s economic damages are multiplied by the assigned number. The result is the value of pain and suffering damages. The multiplier method is often preferred in cases involving catastrophic injuries or permanent impairments.

What Is the Deadline for Filing Pain and Suffering Claims in Georgia?

Your pain and suffering damages are part of your personal injury case. Most personal injury claims have a two-year statute of limitations in Georgia. Seeking legal counsel as soon as possible is best. Exceptions to the rules could change the statute of limitations in your case. You could lose your right to sue the party who caused your injuries if you fail to file a lawsuit before the statute of limitations expires.

Pain and Suffering Damages and Personal Injury Cases in Georgia

Any type of personal injury case can include pain and suffering damages, including claims involving intentional torts, negligence, and other wrongdoing. Examples include but are not limited to:

If you are injured in an accident, call 911 to report the accident and seek immediate medical care. Documenting the accident scene can also help prove your personal injury claim. Take photographs and ask for the names and contact details of eyewitnesses. Talk with an attorney at Spartan Car Accident & Personal Injury Lawyers at (844) 772 7826 about your legal options for holding the at-fault party liable for your pain, suffering, and other damages.