If you have been injured in an accident caused by another person’s negligence, you may have heard the term “pain and suffering.” Unlike measurable financial losses, such as medical expenses or lost income, pain-and-suffering damages are calculated based on the unique facts of the case and the severity of injuries.
Whether you have been injured in a slip and fall accident at Lenox Square or a car crash on the I-75/I-85 Downtown Connector, you may be entitled to recover pain and suffering damages. Understanding how these damages are calculated can help you document the impact the accident has had on you and your life.
What Are Pain and Suffering Damages in Georgia?
Most Georgians have heard the term “pain and suffering” and often believe that it refers to the physical pain they have endured as a result of being injured. Although that assumption is partially accurate, “pain and suffering” damages also entail other critical aspects of your injuries that may affect you in the future.
Pain and suffering damages are meant to compensate you for the emotional distress, loss of enjoyment of life, and inconvenience. Depending on the facts of the case, pain and suffering damages may also be awarded if you have suffered permanent disfigurement and scarring or disability due to your injuries.
Unlike other states, Georgia does not cap non-economic damages. Pain and suffering damages are separate from economic damages, which compensate victims for medical bills, lost wages, or property damage. But Georgia accident victims can recover both when seeking compensation.
The Multiplier Method: How It Works
The multiplier method is a formula that Atlanta personal injury attorneys and insurance providers use to calculate pain-and-suffering damages. The formula multiplies economic damages by a 1.5–5 multiplier based on injury severity, with lower ranges for soft-tissue injuries and higher ranges for permanent or severe harm, and also factors in recovery time and daily-life impact.
Other factors that may play a significant role include the type of medical treatment, any necessary surgeries, and the need for ongoing therapy. If the other party is found to be 100% at fault, the multiplier generally increases.
For example, if you were injured in a rear-end collision on the “Spaghetti Junction” (I-285 and I-85 North), you may have acquired $45,000 in medical bills and $15,000 in lost wages for a total of $60,000 in financial losses. Using a multiplier of 3 for a moderate-to-serious injury, such as a herniated disc, requiring surgery and over six months of recovery, pain and suffering is estimated at $180,000, bringing the total claim value to $240,000.
The Per Diem Method: An Alternative Approach
An alternative approach used by Fulton County injury attorneys and insurance providers is the per diem method. This method assigns a daily dollar amount per day when calculating pain-and-suffering damages.
The formula is a daily rate multiplied by the number of days of suffering, yielding the pain and suffering estimate. The daily rate is often set by the amount of your daily earnings or a rate determined based on the severity of your injury. For example, using the formula, you could be granted $200 per day for 365 days of recovery, for a total of $73,000 awarded for pain and suffering.
The per diem method is effective for injuries with a definitive recovery timeline. It is easier to explain to a jury, as it provides an exact calculation of pain-and-suffering damages. But many insurers push back against this method if the accident victim has suffered permanent injuries.
Factors That Increase Pain and Suffering Awards in Georgia
Pain and suffering calculations are calculated on numerous factors, some of which may increase your final settlement amount. Some of the most prevalent factors include whether you suffered a permanent disability or disfigurement, with examples including paralysis, amputation, or scarring.
Other injuries and factors that may increase a pain and suffering award include:
- Traumatic brain injury
- Chronic pain that requires ongoing treatment
- The need for multiple surgeries or extended hospitalization
- The age of the victim, especially if they will have to deal with many years of suffering due to their injuries
- The defendant engaged in egregious conduct, including driving under the influence or fleeing the scene of the accident.
- The injuries have caused significant disruptions to the victim’s active lifestyle.
- The impact on the victim’s mental health
Factors That Can Reduce Pain and Suffering Awards
Georgia follows a comparative negligence doctrine, meaning that if you share fault for an accident, the 50% bar applies (O.C.G.A. § 51-12-33). If you are found to be 50% or more at fault, you will be barred from seeking compensation.
Other factors that could potentially reduce your financial settlement include:
- Gaps in Medical Treatment: The insurance company may try to argue that your injuries are not serious enough to warrant damages
- Pre-existing Conditions: Insurers may try to take the position that your pain can be attributed to a prior health condition
- Lack of supporting documentation, such as photos of injuries, mental health records, or journals noting your daily pain struggles
- Inconsistencies in statements to medical providers, insurers, or comments made on social media
How Insurance Companies Try to Minimize Pain and Suffering
Insurance companies use a variety of methods and tactics to minimize pain-and-suffering awards. Many insurance providers use Colossus and other software programs that rely on diagnostic codes to assign low pain-and-suffering compensation rates.
Another common tactic is for an insurance adjuster to call immediately after a claim has been filed and to ask leading questions to minimize your financial recovery. The adjuster may also try to offer a quick settlement, but most likely does not include adequate compensation for pain and suffering.
Other examples include the insurance company conducting physical surveillance to record your actions or monitoring your social media accounts to identify inconsistencies in your statements.
Having a qualified Atlanta personal injury attorney is essential. Your attorney uses their knowledge of how insurers try to deny or minimize compensation. A skilled injury attorney negotiates with the insurers, aware of what Georgia juries typically award for comparable injuries. Every case is different. Contact Durham Law Group today at 404-845-3434 or 813-333-6250 for a free evaluation of your pain and suffering claim.
