Understanding Pain and Suffering Damages in Personal Injury Cases
In personal injury cases, pain and suffering is a common element of the damages that injured parties seek. Some aspects of pain and suffering may be self-explanatory, such as the physical pain caused by injuries. However, it also includes many more types of discomfort and trauma.
Pain and Suffering Damages in Georgia
Non-economic damages are a type of compensation available to injured accident victims that involve subjectively quantified harm. In contrast, economic damages involve loss that has a set or calculable dollar amount, for example, medical bills and property repair costs. Non-economic damages, or pain and suffering, are not as easy to calculate because they are not directly associated with an exact number or value.
Pain and suffering damages include physical and emotional pain and suffering, such as:
– Physical discomfort caused by injuries
– Pain due to surgical procedures and physical therapy
– Emotional trauma caused by the accident or injuries
– Anxiety, depression, or post-traumatic stress disorder
Pain and suffering damages also include the impact that injuries have on the injured party’s daily life and their ability to have relationships, engage in hobbies, and enjoy life.
Georgia does not have a maximum set for pain and suffering damages. The court will consider numerous factors when deciding how to value an injured victim’s pain and suffering award.
Calculating Pain and Suffering Damages
There is no exact or required formula for calculating pain and suffering. Often, the following are used to make a valuation of the damage:
– Impact on daily life and relationships
– Severity of injuries
– Extent of medical treatments required
– Severity of emotional harm and distress
There are two methods that some courts use to calculate pain and suffering: the multiplier method and the per diem method.
The Multiplier Method
In this method, the court takes the total of all financial losses and consequences suffered by the injured victim and then multiplies that number by a chosen multiplier. The multiplier is most often between 1.5 and 5 and depends on the severity of injuries and the extent of the impact on daily life. The final number after multiplication equals the total damages the court awards for economic damages and pain and suffering combined.
The Per Diem Method
The per diem method is also commonly used in Georgia. This approach requires the court to first calculate a daily value of your pain and suffering, which is often equal to pay for a day of work. Then, that amount is multiplied by the number of days your injuries are expected to impact you.
If you’ve been injured and are experiencing pain and suffering caused by someone else’s negligence or wrongdoing, you deserve fair compensation to get your recovery on the right track. The CP Law Group is here to help. Call us at 844-546-4878 (that’s 844-5-IM-HURT) or reach out on social media to @TheCPLawGroup to schedule a free consultation.