After an accident, victims may suffer both physical and emotional pain. While the economic damages in a personal injury claim are easy to value, the pain and suffering damages are much more subjective. There are two primary methods for calculating these damages – the multiplier method and the per diem method.
Additionally, there are many factors that can influence the value of your pain and suffering damages. Below, learn more about calculating pain and suffering damages in Georgia.
Common Calculation Methods for Pain and Suffering Damages
If you have been hurt in a car accident, slip and fall accident, or some other type of accident, putting a proper value on your claim is crucial to getting all the compensation you are owed. Pain and suffering damages are quite subjective, so putting a financial value on them can sometimes be challenging. The two main ways of calculating pain and suffering damages are:
Multiplier Method
The multiplier method is the most common way to put a value on pain and suffering damages. When using this method, a multiplier will be assigned to your claim based on the severity of your injuries. This multiplier usually ranges from 1.5 to 5, with a five being reserved for cases involving catastrophic injuries.
The value of your economic damages is then multiplied by this multiplier. The product is the estimated value of your pain and suffering damages. While the exact value is often negotiated, an experienced lawyer can help you assign the proper multiplier and ensure that you do not undervalue your claim.
Per Diem Method
A less common method for calculating pain and suffering damages is known as the per diem method. Once the victim reaches maximum medical improvement (MMI), a daily value for pain and suffering is assigned. This daily value is then multiplied by the number of days it took for the victim to reach their maximum recovery.
For example, suppose a victim’s pain and suffering damages are valued at $100 per day. If it took them 200 days to reach MMI, their pain and suffering damages may be worth roughly $20,000.
What Factors Influence the Value of Pain and Suffering Damages?
Regardless of which calculation method is used, the value of your pain and suffering damages is dependent upon several factors. The most influential factor is the severity of your injuries. Cases that involve more severe injuries will almost always be worth more because there is more physical and emotional pain associated with these devastating injuries.
Some of the factors that affect the value of your pain and suffering damages include:
- The severity of your injuries
- How your daily life has been affected
- The amount of time it took for your recovery
- How your relationships with others have been affected
- Whether you will be left with permanent effects
After an accident, insurance companies will try to downplay your injuries to minimize the value of your claim. An experienced attorney can help ensure all these factors and more are considered when putting a value on your claim.
What Types of Cases Include Pain and Suffering Damages?
Almost all types of personal injury claims can involve pain and suffering damages. If someone else’s negligent behavior caused your injury, you may have a claim for pain and suffering damages. Some common types of cases that may include pain and suffering damages are:
- Truck accidents
- Motorcycle accidents
- Dog bites
- Medical malpractice
- Premises liability
One notable exception is workers’ compensation claims. In Georgia, injured workers are not entitled to pain and suffering benefits under the workers’ compensation laws. However, if a third-party claim arises from their accident, this could allow them access to pain and suffering damages from the third-party defendant.
What Other Damages Are Available in Personal Injury Claims?
Pain and suffering damages are part of the non-economic damages available in personal injury claims. Some common examples of these damages include:
- Pain and suffering
- Emotional distress
- Anxiety
- PTSD
- Loss of enjoyment of life
- Loss of consortium
- Depression
Additionally, accident victims are entitled to recover economic damages after their accident. Economic damages compensate victims for their financial losses, and common examples include medical bills, lost wages, and property damage. Economic damages are easy to value because there are specific dollar amounts associated with them.
In some limited situations, punitive damages may be available in personal injury cases. This is usually reserved for cases involving extremely egregious or grossly negligent behavior. Punitive damages are not intended to compensate the victim for a loss. Instead, they are designed to punish the wrongdoer for their behavior and prevent similar types of accidents in the future.
Schedule a Free Consultation With a Savannah Personal Injury Lawyer Today
If you have been hurt in an accident in Savannah, Georgia, you need an experienced lawyer who knows how to properly calculate the value of your pain and suffering damages. Contact Bowen Painter Injury Lawyers today at (912) 335-1909 or schedule a free consultation. We can help you assess the full value of your claim and stand up to the insurance company to get all the compensation you deserve.