100% Secure and Confidential
100% Secure and Confidential
Personal injury lawsuits seek financial compensation for all sorts of losses, which are called damages. Most damages are economic. Think of all the expenses you will have after a car accident: medical bills to treat your injuries and expensive repairs to your vehicle. Also, people with injuries typically can’t go back to work immediately, so they suffer some lost income or wages.
Other damages are not economic—but are very real. Pain and suffering is a legal term that refers to the bodily pain, inconvenience, and limitations endured after an accident. Contact Moffitt Law, LLC, to speak with a LaGrange personal injury lawyer about pain and suffering compensation. We offer a free consultation.
What Is Pain and Suffering Damages?
The concept of “pain and suffering” refers to the non-economic losses accident victims suffer, usually because of bodily injuries and limitations. Some lawyers distinguish between pain and suffering and emotional distress, like depression.
However, other lawyers consider emotional distress to be a component of pain and suffering.
Suppose you break your neck in a car accident. You incur $50,000 in medical bills. These are economic losses. You spent $50,000 out of pocket for medical care, so the defendant should pay you $50,000 to make up for this loss if they are responsible for the crash.
However, you are also suffering from pain and depression because you are in so much pain you can’t move. You can’t play with your grandchildren when they visit, and you struggle to sleep at night.
These losses also deserve compensation. Of course, people probably would like to have their old body back, but the defendant can’t give you that. Instead, all you can do is have them pay money to compensate for your pain and suffering.
How Much is Pain and Suffering Worth?
This is a subjective type of non-economic loss. No two cases are alike, so it’s hard to say. With economic losses like medical bills, we simply need to look at the bill to calculate the amount to request from the defendant. With pain and suffering, there is no market value. Some people might think six months of headaches after a concussion is worth $40,000. Another person might think that suffering deserves $1 million.
Attorneys use different approaches to calculating pain and suffering compensation.
Pain and Suffering Calculator Georgia
One approach is to use a calculator. Typically, lawyers total a client’s special (economic) damages.
Then the lawyer multiplies this number by 1.5-5. They arrive at an amount of pain and suffering.
If your special damages are $20,000, then you might get between $30,000 and $100,000 in pain and suffering. However, this approach can undervalue pain and suffering when someone suffers a superficial but devastating injury.
An example is a long laceration on a person’s face. The victim might only need a few thousand in medical treatment, but the ongoing repercussions are dramatic. Someone with a thick purple scar on their face might stop dating or even socializing with family. They could struggle with depression and anxiety.
Per Diem Approach
Another popular way to calculate pain and suffering is to use the “per diem” approach. This technique multiplies the number of days you feel pain by a set amount, which is usually how much you earn in wages each day.
Here is a simple example. Someone who makes $1,000 a week earns $200 a day. They feel pain after an accident for 90 days, so we multiply 90 by $200 to arrive at $18,000 in pain and suffering damages.
The per diem approach usually results in a smaller award than the multiplier approach. It also is somewhat unfair because it typically uses the defendant’s daily wage as part of the calculation. A person who earns less shouldn’t have their pain discounted for that reason.
Our Approach to Calculating the Value of Pain and Suffering
The best way to calculate the value of pain and suffering is to look at how much accident victims with similar injuries have received. Instead of a calculator, we search court cases and recent settlements.
If your case can’t be settled, then we’ll go to trial. That means we can request pain and suffering compensation from a jury.
The jury will use its own experience to determine a fair amount of compensation.
Similarly, we negotiate settlements all the time with defendants or their insurance companies. We have years of combined experience, and we know how much insurance companies are willing to pay.
When you settle, you typically receive less pain and suffering compensation than if you sued in court. However, you don’t run the risk of losing your case. A jury could always decide a defendant isn’t liable for the accident that injured you, in which case you would get $0. Settling is a way to obtain fair compensation without running this risk.
How to Maximize Your Pain and Suffering Compensation
You should try to document your suffering as much as possible. Although an X-ray can show a broken bone, it’s harder to prove bodily pain, depression, anxiety, and other suffering. Some insurance claims adjusters are skeptical that a person is feeling pain or mental health problems.
Our law firm usually relies on the following evidence to prove pain and suffering:
- Prescription medication bottles if you are taking pills for pain, sleeplessness, anxiety, depression, or post-traumatic stress disorder.
- Medical bills for mental health counseling, behavioral therapy, and pain management services.
- A diary or other written record where you regularly record how you feel. Ideally, you should keep a diary every day and record the intensity and location of pain, as well as your overall mood.
- Testimony from medical professionals, mental health experts, and friends or family. They can all testify as to how you are struggling following an accident.
Call Moffitt Law in LaGrange, Georgia
Our personal injury team is ready to help anyone hurt and suffering due to an accident, including motor vehicle collisions. If you or a loved one has experienced an injury due to someone else’s negligence schedule a free consultation by reaching out to our office today.
