When you are involved in an accident or other personal injury incident, you may sustain traumatic injuries. In addition to your physical injuries, you may also incur financial losses and emotional distress. Unfortunately, our courts cannot take away the pain and suffering you experience because of another party’s wrongful acts.
However, Georgia’s personal injury laws allow injured victims to seek monetary compensation for their damages. Compensatory damages are based on the actual loss you suffered because of the other party’s negligence, intentional torts, or other wrongdoing. An award for compensatory damages may include money for your economic damages and non-economic damages.
Economic damages represent your financial losses, such as medical bills and lost wages. Non-economic damages represent the pain, suffering, and anguish caused by the accident and injuries. It is helpful to understand non-economic damages and how to place a value on your pain and suffering for a personal injury claim.
What Are Non-Economic Damages in a Georgia Personal Injury Case?
Non-economic damages are the intangible losses a victim suffers because of another party’s actions or omissions. These losses may be intangible, but they are real, and you can receive compensation for them in a personal injury case.
Pain and Suffering
Physical injuries can cause overwhelming pain and discomfort. You have the right to compensation for the pain you experience because of the injuries and during your recovery. That includes the pain or discomfort caused by the medical treatments you are required to receive because of your injuries.
Emotional Distress and Mental Anguish
Being injured or involved in an accident is a traumatic experience. You may experience severe depression, chronic anxiety, post-traumatic stress disorder, and other psychological conditions. These conditions may require extensive mental health and psychological therapy and treatment.
Impairments, Disfigurements, and Disabilities
Catastrophic injuries may cause life-altering disabilities and impairments. Some victims with spinal cord injuries may become paralyzed. Traumatic brain injuries can cause cognitive impairments and permanent brain damage. An accident victim may suffer an amputation or loss of bodily function because of an accident.
In addition to receiving compensation for the impairment, disability, or disfigurement, you may also receive compensation for the ongoing pain and suffering caused by the condition. Your attorney may also seek future economic damages for diminished earning capacity and ongoing care and treatment.
Diminished Quality of Life and Loss of Enjoyment of Life
Some injuries may result in the loss of enjoyment of life and a reduced quality of life. For example, a permanent impairment may prevent you from performing activities you once enjoyed before the accident, such as horseback riding or hiking. Your injuries may prevent you from participating in activities with your family and friends or caring for your children or grandchildren.
Non-economic damages include compensation for these losses based on the level and type of your impairment or disability.
Loss of Consortium
Loss of consortium is a claim filed by the injured party’s family members. The claim alleges that their loved one’s injuries caused the family losses, such as the loss of affection, guidance, and support. A spouse may claim loss of consortium if their spouse’s injuries prevent them from engaging in intimate relationships or bearing children.
How Do You Put a Price on Pain and Suffering Damages in a Personal Injury Case?
Calculating the value of non-economic damages is challenging. Georgia has no specific law or formula to value pain and suffering. However, two common methods used to determine the value of non-economic damages are:
Multiplier Method
Attorneys, courts, and juries commonly use the multiplier method to determine how much to award for non-economic damages. The calculation is based on the victim’s monetary losses (i.e., economic damages) and the severity of their injuries and damages.
First, we must assign a multiplier between 1.5 and five. The multiplier increases as the severity of the harm increases. For example, a person with a broken thumb might have a multiplier of 1.5. However, if the person is a professional musician who will never play again because of their injury, the multiplier may increase to five.
We consider many factors when assigning a multiplier. Those factors include, but are not limited to:
- The type and severity of the person’s injuries
- The type and severity of any permanent impairments or disabilities
- The level of scarring and disfigurement
- Whether the injury will significantly impact the person’s work, personal activities, or family life
- The impact on the person’s mental health
Generally, catastrophic injuries have a higher multiplier, but each case is judged based on the unique factors involved. To determine the value of non-economic damages, we multiply the economic damages by the multiplier. The result is the value of pain and suffering.
Per Diem
In some cases, the per diem method is not as often as the multiplier method. We assign a daily value based on various factors. The per diem is multiplied by the number of days between the injury date and the date the person is released from medical care. The per diem method is most commonly used in cases that do not involve permanent impairments.
Do You Have Questions About Non-Economic Damages in a Georgia Personal Injury Case?
Schedule a free consultation with a Savannah personal injury lawyer at (912) 335-1909. We can discuss your legal options and how to protect your right to fair and just compensation for your damages and injuries.