Georgia doesn’t cap pain and suffering damage awards.
How To Calculate Pain and Suffering Compensation
Most juries use what is known as a “medical bills multiplier” to calculate pain and suffering damages. Insurance adjusters use that same formula when they calculate a potential settlement. That method multiplies your economic damages (car repairs, medical bills, lost wages, etc.) by a number between one and six. The multiplier is determined by the seriousness of your injuries.
For example, let’s say that your injuries resolve with conservative medical treatment and your bills only total $25,000. In that scenario, a jury might award somewhere in the range of 1-2 times your medical bills for pain and suffering which would bring your total recovery (economic damages plus general damages) to approximately $50,000 to $75,000. However, if you had to undergo orthopedic surgery and your total bills exceeded $100,000, a jury might award somewhere in the range of 3-6 times for your pain and suffering. In that case, your recovery would range from $400,000 to $700,000.
Here are other factors that may influence the multiplier:
- The extent your injuries interfere with your daily life;
- Whether you’re unable to pursue your favorite hobbies;
- Whether your injury disrupted your marriage or family life;
- How depressed or anxious you feel;
- Your scars or disfigurements; and
- Your impairments.
The “per diem” method is an alternative way to calculate pain and suffering damages. Per diem means “each day.” According to that method, the victim is allotted a certain amount of money for pain and suffering each day for a specified time period. That method is useful when a victim has relatively low medical bills, but major injuries.
Our Atlanta pain and suffering lawyers will fight for you to obtain maximum compensation.
How To Prove Your Atlanta Pain and Suffering Claim
Here are the ways your lawyer proves your pain and suffering claim:
- Your medical records – Your medical records demonstrate each injury you suffered. Additionally, they provide a medical treatment timeline.
- Medical expert testimony – Medical experts explain how your injuries occurred. Also, they explain your future outlook and your impairments.
- Your own testimony – You’ll testify about your wounds, your emotional distress, and your recovery experience.
- Family and friends testimony – Friends, family members, and co-workers can explain how your injuries impacted you. For instance, your spouse might explain that you previously lived a productive, active life, but now you’re sedentary.
Your lawyer may also produce a “day in the life” video to show how you cope with your injuries. That video shows you going about your daily routine. That way the jury can understand the challenges you face performing activities that were once simple.
Our Atlanta Pain and Suffering Lawyers Can Help You
If you’re suffering emotional distress from an accident, you should contact Graham Scofield Injury Lawyers ASAP. We’ll help you build a strong pain and suffering claim.
Call us today at (404) 939-9470. Also, you may fill-out our online contact form to schedule a free case review.
