Pain and suffering is a non-economic loss, meaning its value depends on numerous factors, including the severity of a person’s injuries and the impact those injuries have on their future. There are two typical ways pain and suffering may be calculated in Georgia: the multiplier method and the per diem method.
There is no fixed state formula used to calculate these losses. It is critical for a Coweta County personal injury attorney to clearly demonstrate the extent of the injuries and the impact of those injuries on a person’s life.
Multiplier Method for Pain and Suffering
The multiplier method is the most commonly used method for calculating pain and suffering. It requires multiplying the value of a person’s economic damages by a figure ranging from 1.5 to 5, depending on the severity of a person’s injuries.
In this method, all of your economic losses are added together. This includes medical bills and lost wages. Then, the court assigns a number that represents the severity of your injuries, with a minor injury resulting in a lower multiplier. If you have permanent injuries, your multiplier is likely to be 4 or 5.
For example, if you suffered serious injuries in a car accident and can no longer work due to permanent loss of mobility, the court could assign a “5” to your injury severity. That means that, if your economic losses are $100,000, your pain and suffering damages would equate to $500,000.
Per Diem Method
The second method used to calculate pain and suffering is called the per diem method, or daily dollar amount. In this case, the court assigns a specific dollar amount to represent the severity of your injuries or how much you are suffering as a result of the accident.
The court then multiples that figure by the number of days you are expected to continue suffering as a result of the accident. This provides a set value paid to you and is beneficial when there is a timeframe for when you may fully recover.
Factors That Contribute to Pain and Suffering
Pain and suffering must be subjective because every accident is so different. To put a value on these figures, we have to look at the whole picture. Some of the elements to consider include:
-
- Severity of your injuries: If you have catastrophic injuries that change your future or permanent losses that will make it impossible to work, that must be a consideration.
- Medical evidence: In cases where there is a clear indication of injury and pain associated with it, through the prognosis, treatment, and expert testimony, that is going to increase the value.
- Impact on your life. If an accident affects your ability to perform daily tasks or hobbies, it will increase the value.
Another important consideration is your own fault. Under GA Code § 51-12-33, if you are found 50% or less at fault in the accident, you can still pursue a claim. However, the value of your claim drops by the percentage of fault attributed to you. If you are at fault 50% or more, you cannot recover any damages.
Seek out the help of a personal injury attorney from Kam, Ebersbach & Lewis, P.C. to document and prove all of your losses. Your lawyer will have the resources available to build a strong claim for fair compensation.