How is pain and suffering calculated in Georgia? Insurance companies use several formulas to place a value on these subjective losses, including the per diem and multiplier methods. Generally, more serious injuries result in larger payouts for pain and suffering. However, reducing a victim’s experience to basic mathematics can diminish the reality of their suffering. An experienced personal injury lawyer can gather persuasive evidence to tell the full story.
What Are Examples of Pain and Suffering Damages?
In Georgia, pain and suffering is a legal term describing the physical and emotional discomfort a person experiences due to a personal injury. An injured victim can seek compensation, or damages, for a broad range of losses, including:
- Physical pain and discomfort
- Emotional distress, including anxiety, depression, and post-traumatic stress disorder (PTSD)
- Loss of enjoyment of life
- Physical limitations impacting their daily life
- Scarring and disfigurement
- Loss of consortium (the impact the injuries have on marital relationships).
What Sort of Personal Injury Cases Could Include Pain and Suffering Damages?
Any kind of personal injury case can include compensation for pain and suffering. Some of the most common incidents resulting in pain and suffering compensation include:
- Car accidents
- Commercial truck accidents
- Motorcycle collisions
- Bicycle accidents
- Pedestrian accidents
- Slip-and-fall accidents
- Medical malpractice
- Dog bites
- Defective product injuries
- Nursing home abuse
- Physical assaults, including domestic violence.
What Is the Multiplier Method for Calculating Pain and Suffering?
Many insurance companies use the multiplier method to estimate pain and suffering. This formula multiplies the value of your financial losses (e.g., medical bills, lost income, property damage, etc.) by a factor based on the severity of your injuries. The final figure is the total amount of compensation.
Naturally, accident victims want a higher multiplier to increase the amount of compensation they receive. Conversely, the insurance company representing the at-fault party will seek a lower multiplier to make a smaller payout. This is why it’s so important to work with an experienced attorney who understands what you’ve experienced and can translate that into a compelling argument for maximum compensation.
What Is the Per Diem Method for Calculating Pain and Suffering?
Another formula that some insurers and lawyers use to estimate the value of pain and suffering is the per diem method. This approach involves establishing a daily rate, usually based on the injured party’s income or another agreed-upon value, and multiplying that daily rate by the number of days you suffered and are expected to continue suffering due to your injuries.
With this method, it’s critical to consult a knowledgeable personal injury lawyer who can assess the long-term effects of your injuries and provide a fair estimate of how long you are likely to suffer from them.
While both the multiplier method and per diem methods may be a starting point for determining pain and suffering damages, they often underestimate the reality of a victim’s experience. Working with an Atlanta personal injury attorney can prevent your case from being undervalued.
What Factors Do You Use to Calculate Pain and Suffering?
Several key factors will play a role in calculating pain and suffering for your personal injury claim. These include:
- The severity of your injuries
- The length of your recovery period
- The long-term impact of your injuries on your daily life
- Any long-term or permanent impairment you suffer
- The psychological impact of your injuries
- The extent of scarring and disfigurement, particularly of the head, face, and neck
- The opinions of your treating doctor and other medical experts
Evidence such as your medical records, diary entries, and witness statements can be powerful tools for demonstrating the extent of your pain and suffering.
Does Georgia Have Caps on Pain and Suffering Damages?
Georgia does not currently have caps on pain and suffering compensation in a personal injury case. There used to be caps on pain and suffering compensation in medical malpractice claims. However, the Georgia Supreme Court overturned this rule in 2010.
What Happens If I Am Partly Responsible for the Accident That Caused My Injuries?
If you are partly to blame for the incident that injured you, you could still receive money under Georgia law. However, the state’s modified comparative negligence statute requires a victim’s compensation to be reduced based on their percentage of fault for an accident. For example, if a court determines you are 30 percent at fault for your injuries, you can only receive 70 percent of the compensation awarded at trial.
Additionally, Georgia has a 50 percent threshold for recovering compensation. You can still obtain compensation as long as you are less than 50 percent responsible for your injuries. If your proportion of fault is any higher, you lose your right to monetary damages.
It’s important to note that while this law only applies to trial awards, insurance companies still use it when evaluating claims and negotiating settlements. If the insurance company believes a jury would find you partly at fault, it may adjust its settlement offer accordingly.
Is There a Deadline for Filing a Pain and Suffering Damages Claim?
Georgia law gives injury victims two years from the date of injury to file lawsuits against the party, or parties, responsible for it. This clock typically starts running on the date of the accident. Some exceptions apply that could shorten or lengthen the statute of limitations for your case. An Atlanta personal injury lawyer can determine the deadline that applies to your case so you don’t lose your right to compensation.
Contact a Georgia Personal Injury Lawyer
At Bayuk Pratt, we’re not just seasoned litigators. We’re strategic. With over 50 years of combined legal experience in Atlanta, $300 million+ recovered for injured people, and founding partners who worked in two of the world’s largest and elite defense firms, our Georgia personal injury lawyers know how to challenge the tactics insurance companies use to avoid paying victims what they deserve.
When you need a hard-hitting legal team to stand up for you, get Bayuk Pratt in your corner. Call or contact us today for a free consultation.
