Making a Claim for Pain and Suffering in Georgia
When making a claim for pain and suffering in Georgia, it’s important to understand how these terms are defined and what factors are considered. Here is some information that can help guide you:
Pain
In the context of an accident or injury, pain refers to any physical discomfort experienced as a result of the incident. This can include injuries such as broken bones, sprains, strains, or any other bodily harm suffered due to someone else’s negligence.
Suffering
Suffering extends beyond physical pain and encompasses emotional distress caused by the accident or injury. It includes mental anguish like anxiety disorders, depression, and loss of enjoyment of life activities due to limitations from injuries sustained in the accident.
Considerations When Seeking Compensation For Pain and Suffering
There are several things to consider when determining what is owed to you for pain and suffering:
Future Discomfort
If your injuries will result in ongoing pain or require additional medical treatment down the road (such as ongoing physical therapy), this future discomfort may be taken into account when calculating damages.
Long-term Mental Anguish
Serious accidents can lead to long-lasting psychological effects such as post-traumatic stress disorder (PTSD), which will also contribute to the determination of damages.
How To Support Damages Claim
Keeping track of important details is critical to accurately calculate damages. Here are a few tips to consider:
Document Medical Visits
Maintain thorough records of all doctor visits, medical treatments, and therapies related to your injuries resulting from the accident.
Keep an Accident Journal
It’s essential to keep an honest and detailed journal where you can document both physical and mental aspects of your condition after the accident – such as pain levels, emotional distress, limitations on daily activities, or any other experiences that directly result from the incident.
Seek Professional Guidance
Consult with a Savannah personal injury attorney who has experience handling cases involving pain and suffering claims. They can provide personalized advice based on their expertise so that you receive proper legal guidance throughout your case.
Remember that each case is unique and there isn’t a one-size-fits-all method when it comes to calculating damages for pain.
Methods Used to Calculate Pain and Suffering Damages
Calculating compensation for pain and suffering in a personal injury case can be complex, but there are common approaches courts and insurance companies might use. Two frequently used methods are the “multiplier method” and the “per diem” approach:
Multiplier Method
This involves multiplying your actual economic damages – such as medical bills, lost wages, and property damage – by a certain number – the multiplier – that represents your level of pain and suffering. The multiplier generally ranges from 1.5 to 5 depending on various factors like severity of injuries, impact of injuries on lifestyle, and recovery time. More severe cases with more significant impacts will warrant higher multipliers.
Imagine that you were involved in a car accident where another driver ran a red light and hit your vehicle. As a result of the accident, you suffered from whiplash and back injuries.
Your medical bills were $10,000, your loss of earnings $10,000, and your car repairs were $5,000, bringing your total economic damages to $25,000.
Let’s use 3 as an appropriate multiplier considering severity of injury and length of recovery.
Using this method, you would multiply your economic damages – $25,000 – by 3, which is $75,000. This would be your pain and suffering damages, for a total of $100,000 in economic and non-economic damages.
Keep in mind that exact multipliers can vary significantly according to the circumstances, and the other party may not agree with your calculation, in which case your lawyer will have to fight hard for fair compensation.
Per Diem Approach
Under this approach, a certain monetary amount is assigned for every day you have had to live with the pain caused by your accident up until maximum medical improvement point is reached. The exact per diem rate could vary, however it’s often tied to an individual’s daily earning rate.
Let’s say the car accident left you injured and recovering for 100 days. It’s agreed or determined that your pain is worth $100 each day (this could be linked to how much you typically earn in a day). Using the per diem approach, we would multiply this daily amount by the number of days it took you to reach maximum medical improvement – 100 days. This brings your pain and suffering damages to $10,000.
Obtaining damages for pain and suffering following an accident is a complex process. Remember, each case is unique; standard calculations merely serve as rough estimates. If you need help with any type of personal injury claim, we’re here for you. Contact us today to schedule a free consultation.