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How Is Pain And Suffering Calculated In A Car Accident In Georgia?
If you were involved in a car wreck in Georgia caused by another driver’s negligent actions, you may be eligible for compensation for your injuries. Even if the accident was minor, you may still file a personal injury claim to recover compensation for medical expenses and lost wages.
Along with these damages, you may also be entitled to compensation for the pain and suffering you’ve endured due to the auto accident. Nevertheless, the compensation you receive will be based on the jurisdiction and the facts and circumstances of your car accident case.
In this guide, Fry Goehring’s top-rated personal injury lawyers will help you understand how pain and suffering damages are calculated in Georgia and the legal aspects pertaining to these types of damages. Our seasoned attorneys are ready to guide you throughout the claims process, leaving no stone unturned to ensure you get the best possible outcome in your car accident case.
Introduction to Pain and Suffering Claims in Georgia Car Accidents
Personal injury cases aren’t identical when it comes to determining damages in Atlanta. While certain elements of a car accident claim, such as medical expenses, property damages, and lost income, can be calculated by crunching up numbers, other damages aren’t as easy to calculate — one of them being pain and suffering.
These non-economic awards are typically linked to long-term complications associated with life after the accident. Also known as general damages, these elements of a claim compensate accident victims for the direct physical and psychological effects of a car wreck that they may have to deal with for the rest of their lives.
Having the right Atlanta car accident attorney handling your claim can be the difference between receiving a fair settlement or not being compensated at all. They can offer invaluable insights when suing for pain and suffering after a car accident in Georgia and ensure at-fault parties are held financially liable.
Understanding the Legal Definition of Pain and Suffering in Georgia
Most people understand what the terms “pain” and “suffering” mean. However, in the legal context and the personal injury domain, “pain and suffering” is more complicated.
Pain and suffering are usually discussed together in cases where compensation is being negotiated, but they are two different aspects that hinge on the same principle. Evaluating pain and suffering damages isn’t a scientific process since every car accident claim is unique in some regard, as is every victim’s experience. The consequences of an injury or accident always vary for every victim and their families.
“Pain” refers to the physical damage and other detrimental effects throughout an injured victim’s body. Some car accident injuries don’t just result in severe immediate pain; gradually, they develop into chronic pain that affects victims’ livelihoods and work. In addition, a victim’s ability to maintain mobility or use their limbs can significantly impact their quality of life. Catastrophic injuries, such as back or spinal injuries, are a great example. Such injuries can leave victims unable to move comfortably without excruciating pain.
“Suffering” is primarily connected to negative emotions brought about by the accident, such as the loss of a relationship with a spouse and becoming depressed over having to deal with permanent or chronic injuries. After an accident, diminished quality of life can lead to profound mental anguish for many accident victims. The decline in one’s overall health, including mental health, worsens as the victim grows older.
According to a ruling in the case of Food Lion, Inc. v. Williams, pain and suffering in Georgia includes:
- Shock of impact
- Past and future physical pain and suffering
- Loss of earning capacity
- Disruption of normal living
- Past and future mental anguish
- Impairment of bodily health and vigor
- Fear of the severity of the injury
Pain and suffering damages in a car accident case must directly result from physical injuries. You must be physically injured to file a claim for pain and suffering in Georgia.
Methods of Calculating Pain and Suffering Damages in Georgia
There is no set method to compute pain and suffering damages in every situation. Unlike economic damages, which have precise dollar amounts, suing for pain and suffering in a car accident is much different since it’s hard to put a number on the damages. That being said, there is no cap for pain and suffering under Georgia law.
Some aspects of your accident claim may be easier to quantify. For example, property damage is the cost of replacing or repairing your property. Your Atlanta car accident attorney will base your lost income claim on the wages and benefits you lost while recovering.
After sustaining physical injuries and enduring pain and suffering, it’s normal to wonder about the worth of your case. You may find yourself asking your attorney, “How is pain and suffering calculated in Georgia?” If your relationship with your family has been affected, you may also worry whether the defendant may be held liable for this change in your life.
In Georgia, determining the value of pain and suffering damages following a car wreck involves intricate legal methodologies that reflect the subjective nature of general damages. Some insurance companies use the per diem method to determine pain and suffering damages. “Per diem” means “by the day” in Latin.
The per diem method of determining damages places a dollar value on pain and suffering as well as the total number of days you’ve spent in pain. Imagine putting a price on the days you struggle or are in pain due to an accident. That’s how the per diem method works, although it’s not typical for motor vehicle accidents in Georgia.
For example, suppose an injured victim experiences severe back pain after an accident and is expected to bear that pain for 150 days. In that case, a lawyer may argue that they should receive $100 daily in compensation. This would translate to a $15,000 (150 days x $100) award for pain and suffering damages.
If your personal injury case goes to trial, the jury may consider what they believe would be fitting as their own pain and suffering damages under similar circumstances. They may consider various factors when assigning a value to your damages, such as:
- The degree of pain
- The severity of the injury
- The effect the injury has had on your relationships and family
- The degree of impaired earning capacity
- Medical expenses and treatments involved
- Potential for ongoing consequences
- Limitations in movement
- Need for help at home
- Recovery time
- Changes in mental health
- Impact on daily tasks
It’s advisable to consult an experienced car accident attorney about your non-economic damages before filing a claim with the insurance company. Your lawyer can come up with the best estimate for these damages and justify the amount to the insurance company. Working with a lawyer also ensures you know what to document to strengthen your case. A pain and suffering lawyer can also represent you on trial.
Multiplier Method: Linking Economic Damages to Pain and Suffering
The multiplier method is a popular method that insurance companies and attorneys use to calculate pain and suffering damages in personal injury cases. This approach involves multiplying your economic damages with a number between 1.5 and 5. The more severe your injuries, the higher the number used. The multiplier method helps decide how much compensation an accident victim should receive for pain and suffering damages.
For example, suppose you incurred $12,000 in accident-related economic damages. In that case, your attorney may use a multiplier of 4 when calculating damages since your injuries were severe enough and resulted in disability or long-term pain. This would translate to $48,000 in pain and suffering damages.
It’s crucial to note that the multiplier approach assumes there is a direct correlation between emotional or physical suffering and the economic losses suffered by an injured victim due to the crash. Some of the factors that insurance companies and lawyers consider when determining the appropriate multiplier include:
- Severity of injuries, such as permanent disability or blindness
- The obviousness of the defendant’s fault
- Period of recovery
- Whether the injured victim will fully recover
- Clear, documented proof of pain and suffering
Regardless of the approach applied in your car accident case, the negligent driver and their insurance company will try to lower the value of your claim. They may also look for reasons to deny your claim. The job of an Atlanta auto accident lawyer is to make sure this never happens. At Fry Goehring, our top-rated legal team is ready to aggressively advocate on your behalf to secure the best possible compensation that accurately reflects your damages.
Evidence of Pain and Suffering
Proving pain and suffering after a car accident can be tricky. As with all legal proceedings, you need evidence. You cannot depend on a judge’s or jury’s empathy and compassion alone to get a fair settlement. Instead, you must not only prove that you suffered damages but that it is significant enough to sue for pain and suffering due to the car accident.
Here are some types of documentation that can boost your personal injury case:
- Medical records depicting your symptoms and complaints of pain
- Results of imaging tests, such as X-rays and CT scans, documenting the injuries and ascertaining your pain would be likely due to the injuries
- Testimonies from medical, economic, and vocational experts about the accident’s effects on your life and work
- Testimonies from family members, neighbors, friends, and colleagues about how the injuries have affected your overall well-being
- Journal entries about the frequency and severity of pain
- Receipts for over-the-counter pain medications and prescriptions
The more evidence you provide in court, the easier it is to prove pain and suffering. The defense can argue against one piece of evidence, like your journal, more easily than against various pieces of evidence, such as X-rays, prescriptions, and testimonies from your spouse and doctor.
Statute of Limitations for Recovering Pain and Suffering Damages
In Georgia, all accident cases follow a strict timeline that allows victims to file claims within a certain period. The ability to recover pain and suffering damages depends on when the car accident occurred. To be eligible to receive damages, you must file your case within two years from the date of the accident.
If you don’t file a car accident claim or lawsuit before the two-year deadline, your case will likely be dismissed. At Fry Goehring, our experienced and knowledgeable attorneys will file your case before Georgia’s statute of limitations runs out.
Get a Free Consultation With an Atlanta Car Accident Attorney
Fry Goehring represents car accident victims in Atlanta and throughout Georgia. Our skilled attorneys can investigate your crash and determine if you have a valid claim to pursue pain and suffering damages. From settlement talks to trial, our personal injury lawyers can handle all aspects of your case while you focus on recovery.
For a free case review with a member of our legal team, call Fry Goehring today at 404-969-1284. We represent injured accident victims on a contingency fee basis, meaning you don’t pay legal fees unless and until you receive compensation for pain and suffering damages.
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