Have you ever been in an accident that caused severe physical or emotional pain? If so, you may qualify for compensation for your non-economic damages, such as pain and suffering. However, calculating the value of these damages is not a straightforward process.
In Georgia, there are different methods to determine the amount of compensation you can receive. Any Douglasville personal injury lawyer at our law firm has seen many clients struggle with this issue. Some people believe they are entitled to three times the amount of their economic damages.
Others are not sure how much to ask. So, let us discuss how pain and suffering is calculated in our state by insurance adjuster. But keep in mind that your Douglasville personal injury lawyer will always strive to get you the maximum compensation you deserve.
Pain and Suffering Do Not Have a Cap in Georgia
In Georgia, there is no cap on the amount of compensation you can receive for pain and suffering. This means that if you have suffered significant physical or emotional harm due to someone else’s negligence, you may be entitled to substantial financial compensation. If the case goes to trial, the Official Code of Georgia stipulates that the legal counsel is allowed to argue the monetary value to the jury.
Unlike economic damages such as medical bills and lost wages, non-economic damages like pain and suffering are subjective in nature. However, with the help of an experienced personal injury lawyer in Douglasville who understands how these types of cases work, you can get a better sense of what your case may be worth.
They can evaluate your situation based on established legal precedents and recommend strategies for maximizing the value of your claim.
Remember: even though there is no cap on non-economic damages in Georgia, it takes effort to prove that they were caused by someone else’s actions. That’s why it’s crucial to work with a skilled attorney who knows how to build a compelling case that demonstrates the full extent of your injuries.
The Two Methods Insurance Companies Use to Evaluate Pain and Suffering
How do you put a monetary value on emotional distress, physical pain, and other negative effects of an accident? Although it appears callous to some, there must be a way of establishing a fair amount for pain and suffering.
In general, insurance adjusters will apply one of the following methods.
The Multiplier Method
The Multiplier Method is a common approach used to calculate the value of pain and suffering in Georgia personal injury cases. This method involves taking the total amount of economic damages, such as medical bills and lost wages, and multiplying it by a certain number.
The multiplier that is used typically ranges from 1.5 to 5, depending on the severity of the injuries sustained. For instance, if you incurred $10,000 in economic damages due to your injuries and your attorney uses a multiplier of 3 for your case because your injuries were severe enough to cause long-term pain or disability, then you may be entitled to non-economic damages worth $30,000.
It’s important to note that using this method assumes that there is a direct correlation between the magnitude of economic losses suffered by an injured person due to their accident and how much they have suffered emotionally or physically.
Some insurance companies may use lower multipliers than others when negotiating settlements with plaintiffs in Georgia personal injury lawsuits. Working with an experienced Douglasville personal injury lawyer can help ensure that you receive fair compensation based on all relevant factors related to your case.
The Per Diem Method
Another method for calculating pain and suffering damages in Georgia is the per diem method. This approach involves assigning a daily rate to the injury and multiplying that by the number of days the victim has suffered or is expected to suffer.
For example, if someone experienced severe back pain after a car accident and was expected to have that pain for 200 days, their attorney may argue that they should receive $100 per day in compensation. This would result in a total non-economic damages award of $20,000 (200 x $100).
While this method may seem straightforward, it can be challenging to determine an appropriate daily rate and estimate how many days someone will experience pain and suffering. Additionally, insurance companies may argue against using this method as they claim it leads to excessive awards.
In most cases, the person’s daily wages are used as a baseline for calculating pain and suffering damages using this method.
Factors That Influence the Value of Your Non-Economic Damages
When calculating non-economic damages for pain and suffering, there are several factors that can greatly influence the final value. These factors include:
- The severity of injuries sustained in an accident
- The duration of recovery time
- The impact on a victim’s quality of life.
The extent to which an injury affects a person’s ability to work or perform daily tasks is also taken into account. For instance, if someone suffers from chronic pain or disability as a result of their injuries, this may increase the value of their non-economic damages.
Another factor considered is whether or not the injured party has pre-existing medical conditions. If they do, it could be more difficult to determine how much of their pain and suffering was caused by the accident versus their pre-existing condition.
Additionally, juries may also consider emotional distress when awarding non-economic damages. Factors such as anxiety, depression, or PTSD may significantly affect one’s mental state after an accident.
Determining the value of non-economic damages for pain and suffering requires careful consideration of many different factors that can vary depending on each individual case. A skilled Douglasville personal injury lawyer will take these factors into account when seeking compensation on your behalf if you were wrongfully injured due to another party’s negligence.
You May Also Qualify for Punitive Damages
If your case goes to trial and it is determined that the other party was particularly negligent or reckless in causing your injuries or damage to your property – you may also qualify for punitive damages. Punitive damages aim to punish wrongdoers and deter them from engaging in similar behavior again.
It’s important to remember that every case is different and requires a unique approach when seeking compensation. For this reason, it’s essential that you speak with an experienced personal injury lawyer who knows how to handle cases involving pain and suffering claims.
Hire an Experienced Douglasville Personal Injury Lawyer to Evaluate Your Damages!
At Hartley, Rowe & Fowler, P.C. you are in good hands. An experienced Douglasville personal injury lawyer will analyze your case carefully and give you a reliable legal opinion.
If we believe that you have a solid case, we will represent you on a contingency fee basis – no fees until we win your case. We will fight to win the highest amount of pain and suffering damages you are entitled to receive and make sure that you are not left financially crippled after your accident.
Call us anytime 24/7 to schedule your free case review with us!