When some of our clients come into the office following a car crash, they have one question: How much is my case worth? The second question they have is how long it will take to get their money. Some people don’t realize that your Decatur accident lawyer must prove two things before you’re entitled to a dime in compensation. First, they have to prove that the defendant was responsible for the accident. Second, they must prove that you suffered certain damages, including calculating pain and suffering.
An insurance adjuster will often be involved in evaluating the claim and determining the initial offer for pain and suffering damages.
The whole point of filing a lawsuit is to make you whole. The goal is not to make you rich. You can’t expect to collect damages for injuries you didn’t suffer. In fact, the only damages you can demand that aren’t related to a bill of some sort is pain and suffering. While your Decatur accident lawyer is going to fight to get you as much money as possible, there’s never a guarantee.
Here, we’ll discuss how pain and suffering is calculated. We’ll also briefly discuss how you can prove you’re entitled to these damages. Consulting an experienced personal injury attorney can provide valuable insights and help ensure you receive the compensation you deserve.
Factors Influencing Pain and Suffering Compensation
Several factors influence the amount awarded for pain and suffering in Georgia. Chronic pain, which persists long after the initial injury, is also a significant factor in determining compensation. Physical suffering, which includes the pain and physical anguish experienced due to injuries, is a critical factor in determining compensation. The severity and permanence of the injury are primary considerations.
More severe injuries that result in long-term or permanent disability typically result in higher compensation. Additionally, the impact of the injury on the victim’s daily life, including their ability to work, engage in hobbies, and maintain relationships, plays a significant role. The credibility and persuasiveness of the victim’s testimony and supporting evidence, such as medical records and expert witness statements, also affect the award amount.
There’s No Guarantee That You’ll Receive Pain and Suffering Damages
Just because you were in a car accident, that doesn’t mean you’re automatically entitled to damages. Before you can get a dime, you have to prove that you were hurt. Effective pain management and documentation of treatment can support your claim for pain and suffering damages. It is important to understand the distinction between pain and suffering and emotional distress; while pain and suffering refer to physical pain, emotional distress encompasses the psychological impact of the accident.
Emotional distress can include conditions such as post-traumatic stress disorder (PTSD), which significantly impact the victim’s quality of life. Typically, in order to collect pain and suffering, your Decatur accident lawyer will have to prove that you experienced an extreme amount of pain. This can be demonstrated using medical records or an affidavit from your doctor. If these records don’t substantiate that you deserve pain and suffering, you’re not going to get it.
Your Decatur Accident Lawyer Must First Prove Negligence
As mentioned above, in order to collect a dime, your attorney needs to prove negligence. This requires that they show the following four (4) things:
- The defendant owed you a duty of care – This is almost a given in a car accident lawsuit. All drivers owe the other motorists and pedestrians a duty of care. At a minimum, you have to follow all traffic laws.
- The defendant breached their duty of care – It’s not enough to show that a crash took place. You have to show that the crash was caused by the other driver’s breach of duty. For example, if your Decatur accident lawyer can show that the defendant was speeding, it will help prove negligence.
- You were injured – In any car accident lawsuit, you have to prove you were injured. The more serious your injuries, the better your chances of receiving pain and suffering. Severe injuries, such as traumatic brain injuries, can lead to significant physical pain and suffering, which must be proven to receive compensation.
- Your injuries were caused by the defendant’s breach – This shouldn’t be hard to prove either. Unless something other than the crash caused your injuries, this element won’t be hard to demonstrate.
Emotional trauma, such as anxiety and depression resulting from the accident, can also be considered when proving damages.
If your Decatur accident lawyer can prove all four elements of negligence, then you’ve overcome one hurdle. You also need to prove each type of damages you’ve demanded in your personal injury claim.
Methods of Calculation
Georgia does not have a specific formula for calculating pain and suffering damages, leading to variability in awards. However, there are common methods used to estimate these damages. Some attorneys and insurance companies use a pain and suffering calculator to estimate the value of these damages. One approach is the “multiplier method,” where economic damages (such as medical bills and lost wages) are multiplied by a factor typically ranging from 1.5 to 5, depending on the severity of the injury.
For instance, if a victim incurs $20,000 in economic damages and the multiplier is 3, the pain and suffering damages would be $60,000. Another approach is the “per diem method,” which assigns a daily value to the victim’s pain and suffering and multiplies it by the number of days the victim is expected to endure the pain.
You’ll Also Have to Prove Damages in Personal Injury Claims
The hardest part of your Decatur accident lawyer’s job is proving your medical expenses. Loss of enjoyment of life, such as being unable to participate in hobbies and activities, can also be included in your claim for pain and suffering. You can use medical records, receipts and outstanding medical bills to prove most of your damages. For example, if you missed time from work, you could demand lost wages.
The same is true if you can no longer do the same type of work. If your future earnings will be reduced due to the crash, your attorney will also demand lost future income. Depending on your injuries, you may also be entitled to pain and suffering.
Most Decatur Accident Lawyers Use a Rule of Thumb
Pain and suffering damages are intended to compensate you for any physical and mental anguish caused by the accident. Pain and suffering are considered non-economic damages, which also include emotional distress and loss of enjoyment of life. The more serious your injuries, the more you’ll be entitled to. While there is no exact formula for determining how much compensation you should receive for pain and suffering, most Decatur accident lawyers use a rule of thumb.
This rule is that you can demand pain and suffering in the amount of your other damages multiplied by three. So, if your total claim is for $100,000, you could demand up to $300,000 in pain and suffering. Of course, this is just a rule of thumb. You may not receive any at all.
Caps and Limitations
Georgia does not impose caps on pain and suffering damages in most personal injury cases, allowing for potentially significant awards. A jury award for pain and suffering can vary widely depending on the specifics of the case and the persuasiveness of the evidence presented.
However, in medical malpractice cases, there was a statutory cap of $350,000 on non-economic damages, which the Georgia Supreme Court struck down in 2010 as unconstitutional. This ruling underscores the importance of understanding current legal standards and how they apply to specific types of cases.
Call and Discuss Your Case with an Experienced Personal Injury Lawyer Today
If you or your family are injured in a serious car crash, you are probably entitled to damages. An experienced lawyer can help you evaluate and negotiate a fair settlement offer for your pain and suffering damages. An insurance company plays a crucial role in determining the compensation you may receive. The best way to pursue these damages is to hire an experienced Decatur accident lawyer.
They’ll review your case and demand compensation for all of your injuries. This includes damages for pain and suffering. Pain and suffering awards can significantly impact the total compensation, and understanding how they are calculated is essential. Call today and schedule your free, initial consultation.
