How is Pain and Suffering Valued for a Car Accident in Georgia?

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The damages that a victim can claim after a personal injury include economic and non-economic damages. Medical expenses, property damage, lost wages, and other expenses are classified as economic damages. On the other hand, pain and suffering or emotional distress are non-economic damages.

While it is easy to prove medical expenses, lost wages, and other out-of-pocket expenses with bills and receipts. Calculating non-economic damages can be complex because these losses do not come with actual financial costs.

That’s why understanding how pain and suffering damages are valued can be confusing for a victim.

If you have been injured in a car accident, a traffic accident lawyer in Atlanta can help you receive the pain and suffering damages that you deserve.

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What is Pain and Suffering?

Pain and suffering is a category of damage that includes the physical pain and mental anguish a victim suffers. The term “pain and suffering” can be used for any sort of harm that is not expressed by a monetary value. It also refers to future discomfort and mental anguish from an accident.

Who is Eligible for Pain and Suffering Damages After a Car Accident?

Pain and suffering are the non-financial losses you suffer after a car accident. It can include emotional anguish, physical pain, etc. The losses that go beyond medical expenses and lost work time come under this category.

Common medical conditions that qualify for pain and suffering compensation include:

  • Internal organ damage
  • Dislocated joins
  • Nerve damage
  • Fractured bones
  • Traumatic brain injury
  • Paralysis

Also, if a personal injury results in the death of the victim or disability, his family may receive special awards for the grief and mental anguish.

Evidence to Support Your Pain and Suffering Claim

Presenting evidence that supports your claim is crucial to establish pain and suffering after a car accident. The evidence to support your claim may include

  • Medical testimony
  • Photographs
  • Doctor’s notes
  • A therapist or mental health counselor’s notes

The evidence shows the insurance company or jury how the accident impacted your life negatively. Hiring a vehicle collision attorney in Atlanta can help you gather the evidence you need to support your claim while you focus on your recovery.

Factors that Determine Pain and Suffering Damages

There are several factors that could determine the value of your general damages including:

  • The severity of the injuries & duration of recovery time
  • How your injuries impact your ability to enjoy your usual activities
  • How the injury affected your ability to work
  • The distress it caused your loved ones

Additionally, juries may consider emotional distress caused by the accident when awarding non-economic damages. A skilled personal injury lawyer will carefully consider these factors when seeking compensation on your behalf.

How to Calculate Pain and Suffering Damages?

Insurance companies typically use the multiplier method or the per diem method to reach a value.

  1. Multiplier Method

In the multiplier method, insurance companies use a specific multiplier to assign a value to your pain and suffering damages. The specific multiplier value ranges from one to five depending on the severity of injuries.

If the economic damages for a victim are $4,000, depending on the severity of injuries the adjuster might use a multiplier of two for pain and suffering, resulting in $8,000 in non-economic damages. The overall settlement amount will be $12,000.

  1. Per Diem Value

This method for calculating pain and suffering damages assigns a specific dollar amount to every day you had pain or underwent treatment. The court often starts by looking at the victim’s wages to arrive at a per diem value.

If a victim is in pain for 30 days and made $100 a day before the injury, the adjuster might argue that the maximum pain and suffering is $ 3,000. If the injury is long-term, it might be harder to apply this method of calculation.

While both methods come with their pros and cons, the multiplier method is usually preferred for personal injury claims. Pain and suffering damages are usually determined on a case-by-case basis. Having an experienced lawyer on your side can make the process much easier.

Do you Need a Lawyer to Help You?

Due to the non-economic nature of these losses, measuring their value is also challenging. An attorney with knowledge and experience of handling similar cases in the past has a good idea of the kinds of damages to which you are entitled. Additionally, the insurance company and other lawyers tend to take a plaintiff seriously if they have an experienced attorney standing by their side.

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Contact a Traffic Accident Lawyer in Atlanta

If you have any confusion about pain and suffering damages, Karma Injury Law is here to assist you. Our team of traffic accident lawyers in Atlanta can help you get fair and full compensation. We have experience in handling the most complex cases.

Get in touch today for a consultation to find out how we can help you get the compensation you deserve.

Act NOw

You must file your claim within two years from the accident date.
Failure to meet this deadline may result in losing your right to recover damages.