The impact of a car accident goes beyond medical bills and lost income. The physical, emotional, and mental toll—the pain, anxiety, and impact on your daily life—can feel just as overwhelming. That’s where “pain and suffering” come into play in a car accident case.
But what does pain and suffering mean? And how is compensation for something so personal and subjective decided? At The Weinstein Firm, we’re here to help you understand how pain and suffering are determined in car accident cases.
If you’ve been in a car crash in Georgia, contact our Atlanta car accident lawyers today for a free case review.
What Are Pain and Suffering?
In a car accident case, pain and suffering refers to the physical and emotional toll of your injuries. This covers both immediate and long-term harm resulting from the car crash. Lawyers and courts commonly describe compensation for physical pain and emotional suffering as “pain and suffering damages” or simply “pain and suffering.”
Pain and suffering damages can include compensation for:
- Physical pain from injuries like whiplash
- Emotional distress, including anxiety and depression
- Loss of enjoyment of life
- Limitations on physical activities
- Permanent disabilities or disfigurement
Common examples of pain and suffering in car accident cases include:
- Chronic pain from injuries
- Anxiety and depression
- Post-traumatic stress disorder (PTSD)
- Insomnia or sleep disturbances
- Reduced quality of life from a spinal cord injury or brain injury
How Do You Prove Pain and Suffering in a Car Accident Case?
To prove pain and suffering in a car accident case, your lawyer will gather various types of evidence that demonstrate the physical and emotional impact of your injuries. Here are some examples of evidence your Atlanta car accident lawyer may use.
- Medical documentation: Medical records, diagnoses, and treatment plans help demonstrate the severity of your injuries.
- Pain Journal: A written or video diary documenting your pain and symptoms throughout the healing process can support your claim.
- Witness statements: This can include statements from friends and family members describing changes in your behavior, abilities, or quality of life since the accident.
- Expert testimony: Your attorney may consult medical experts and vocational experts about how your injuries limit your daily life and ability to work.
- Mental health evaluation: Reports from mental health professionals are key evidence if you develop depression, anxiety, or PTSD.
The more comprehensive and well-documented your evidence, the stronger your case for pain and suffering compensation will be.
How Are Pain and Suffering Damages Determined?
Economic losses like medical bills and lost income can be calculated using receipts and paystubs. However, pain and suffering damages are more difficult to quantify in dollars. Georgia law doesn’t set a limit on pain and suffering. If the case goes to a court, a jury may consider the severity of your injuries, your recovery time, and various other factors when determining pain and suffering.
There are two common methods for calculating pain and suffering compensation in a car accident case: the multiplier method and the per diem method.
Multiplier Method
Your actual economic damages, such as medical bills and lost wages, are added together. Then, that number is multiplied by a figure, usually between 1.5 and 5. The multiplier number is based on the seriousness of the injury and the impact on your life. The number for a minor injury might be 1.5, while 4 or 5 could be used for a severe injury.
If your economic damages were $20,000 and your multiplier was 3, your pain and suffering damages would be calculated as $60,000.
Per Diem Method
The per diem method assigns a daily value to your pain and suffering and multiplies it by the number of days you’ve been affected. The daily rate is often based on your daily earnings or another reasonable figure that reflects your discomfort. For instance, if $200 per day fairly represents your suffering and it took 180 days to recover, your pain and suffering damages would be $36,000.
It’s important to remember that these methods are tools used by attorneys, insurance companies, and sometimes juries. At The Weinstein Firm, we leverage our experience to advocate for maximum compensation.
How an Atlanta Car Accident Attorney Can Help You
Having an experienced car accident lawyer on your side can make a significant difference. From filing paperwork to representing you in court if necessary, an experienced car accident attorney can manage the entire legal process, allowing you to focus on recovering from your injuries.
Gathering Evidence
A skilled lawyer will collect key evidence, such as police reports, medical records, and witness statements. They know how to preserve evidence like surveillance footage. Auto accident attorneys may hire accident reconstruction specialists to demonstrate how the other driver was at fault. Medical experts can provide testimony to explain the severity of your injuries and their long-term impact.
Compelling evidence is essential when dealing with insurance companies or presenting your case in court.
Negotiating with Insurance Companies
Insurance companies try to minimize payouts. An experienced car accident lawyer understands the tactics insurers use and knows how to push back effectively. They’ll review your case in detail, calculate the full extent of your damages—including medical bills, lost wages, pain and suffering, and future needs—and fight to ensure your car accident settlement reflects the true impact of your injuries.
Your lawyer also handles the back-and-forth negotiations with the insurance company, sparing you the stress of dealing with adjusters who may try to pressure you into accepting a low offer.
Representation in a Lawsuit
Most car accident cases are resolved with a settlement. However, our car accident attorneys are prepared to take your case to court if necessary. Our attorneys will aggressively advocate for your interests and present a strong case.
The courtroom process can be intimidating and complex, but a skilled attorney knows how to navigate it effectively. They will handle all the legal filings, deadlines, and procedures, ensuring your case is presented properly. From cross-examining witnesses to presenting expert testimony, your Atlanta car accident lawyer will fight to make sure your side of the story is heard.
Contact the Weinstein Firm for a Free Case Review
If you have been injured in a car accident, our team at The Weinstein Firm is here to help you pursue fair compensation. Our law firm has recovered over $30,000,000 for accident victims in Georgia.
We represent car accident victims on a contingency fee basis, meaning you pay no upfront fees to hire a car accident lawyer. Instead, your Atlanta car accident attorney receives a percentage of the settlement or compensation award.
Contact us today by calling 770-HELP-NOW or using our contact form for a free case review.
