After an accident, you may be entitled to recover a wide range of damages. This can include financial or economic damages, such as medical expenses, lost wages, property damage, and more.
Depending on the circumstances, injured victims may also recover compensation for pain and suffering. Since pain and suffering damages are intangible, putting an accurate value on them can sometimes be a challenge.
What Are Pain and Suffering Damages?
Pain and suffering damages are considered non-economic damages. This means that they are not associated with a specific financial loss. Instead, they are used to compensate the victim for their physical and emotional pain and trauma.
Think for a moment about a victim who has been hurt in an accident due to someone else’s negligence. Not only will that victim experience financial losses due to medical bills and other expenses, but they may also deal with weeks or months of pain and recovery. This can take a serious physical and emotional toll on victims, especially those who suffer very severe injuries.
Common Examples of Pain and Suffering Damages
Pain and suffering can include several types of physical and emotional harm that do not have a fixed dollar value. Depending on the specific accident, there could be many different types of pain and suffering damages available.
Some common examples include:
- Physical pain
- Emotional distress
- Depression
- Anxiety or fear
- PTSD
- Loss of enjoyment of life
- Sleep disturbances
- Shock and grief
- Diminished quality of life
- Physical limitations
An experienced lawyer can evaluate how an injury has affected your life and identify the non-economic losses that may be relevant to your claim.
Calculating the Value of Your Pain and Suffering Damages
Georgia law does not provide a fixed formula for calculating pain and suffering damages. When a case goes to a jury, the amount is generally left to the enlightened conscience of impartial jurors based on the evidence presented.
Two methods sometimes used to estimate pain and suffering damages are the multiplier method and the per diem method.
Multiplier Method
The multiplier method is sometimes used as an informal way to estimate pain and suffering. It involves multiplying certain economic damages by a number intended to reflect the seriousness of the injury.
However, there is no standard multiplier that determines what a claim is worth. The value of pain and suffering depends on the evidence and circumstances of the individual case.
Per Diem Method
The per diem method is another way that may be used to estimate pain and suffering. It assigns a suggested dollar amount to each day a person experiences pain or other effects from an injury.
For example, a proposed daily amount could be multiplied by the length of the recovery period. This calculation is only an estimate or argument for valuing the harm. It does not determine the amount a claimant will recover.
Factors That Can Affect Your Pain and Suffering Damages
There are many factors that can affect the final value of your pain and suffering damages. The circumstances of each case should be considered when evaluating these damages. In some cases, medical professionals or other experts may provide evidence about the extent of an injury and its effects.
Factors that may be considered when evaluating pain and suffering include:
- The severity of your injuries
- Whether you have any permanent impairments
- How your life and relationships have been affected
- The mental toll that your accident has had on you
All of these factors can influence how much your pain and suffering damages are ultimately worth. Remember that you will need solid evidence to prove your pain and suffering damages. This may include medical records, doctors’ notes, mental health records, pain journals, and other types of evidence.
How Can You Prove Pain and Suffering?
Because pain and suffering does not have a fixed dollar value, evidence can help show how an injury has affected your life. Medical records may document your symptoms, treatment, physical limitations, and recovery. Other useful evidence may include:
- Photographs of visible injuries
- A journal describing pain and symptoms
- Mental health records
- Testimony from family or friends
- Evidence of activities you can no longer perform
Together, this evidence can help demonstrate the physical and emotional effects of an injury and support a claim for pain and suffering damages.
Contact the Personal Injury Lawyers at Jamie Casino Injury Attorneys for Help Today
Pain and suffering can be difficult to value because there is no bill or receipt that shows the extent of physical pain, emotional distress, or changes to your daily life. Strong evidence can help demonstrate how an injury has affected you.
Jamie Casino Injury Attorneys has 40 years of combined experience representing injured clients. Our personal injury lawyers can evaluate your losses, gather supporting evidence, and pursue compensation on your behalf. Contact us today to schedule a free consultation and discuss your case.
