A personal injury claim is about more than financial compensation. Being hurt by someone else due to their negligence or recklessness can be difficult to cope with. If you’ve been injured by an avoidable accident or unnecessary behavior, moving on can be a challenge when you feel wronged.
Filing a personal injury claim allows you to not only obtain the justice you need to have closure but also receive the financial compensation that you deserve for the damage that the accident caused.
Pain and Suffering Claims in Georgia
On top of damages for the out-of-pocket costs and financial losses you’ve experienced because of the accident, there is another category of damages you may be entitled to, known as non-economic damages. These encompass numerous types of harm, but perhaps the most well-known are pain and suffering damages.
When the monetary value of the damages caused by an accident can be estimated, Georgia law allows victims to receive compensation for the injury. Pain and suffering refers to the physical and psychological harm caused by an accident. It is subjective but can be quantified as part of your personal injury claim.
Common injuries and harm associated with Georgia pain and suffering claims include:
- Depression
- Physical pain
- Loss of enjoyment of life
- Insomnia
- Humiliation
- Disability
- Scarring and disfigurement
- Anxiety
Georgia law does not assign a measure for pain and suffering; instead, the valuation of such claims is delegated to the impartial jurors in any given case. With that said, courts often use a couple of methods to calculate these damages.
How to Calculate Pain and Suffering Damages in Georgia
The first method is known as the multiplier method. When calculating pain and suffering values using this method, your lawyer or the court would take the amount of your special damages and multiply that total by a number between 1.5 and 5. The multiplier is based on the severity of your injuries and the circumstances of your case. The final number would be the value of your pain and suffering damages.
The second method is the per diem method, which starts with assigning a daily cost to your pain and suffering. That amount would then be multiplied by the number of days you are expected to need for recovery. Determining a daily value is challenging. One option is using missed work and a day’s wages to calculate the daily value, but this does not always accurately represent one day’s pain and suffering value.
Our Attorneys Have the Compassion and Dedication You Need
Flanagan Law has extensive experience helping clients with their pain and suffering claims in Georgia, and our personal injury attorneys are ready to advocate for you to receive the justice you need and deserve. Contact us today for more information or to schedule a free consultation with one of our Atlanta personal injury attorneys.
