How Do You Calculate Pain and Suffering?
Posted in Personal Injury,Uncategorized on September 12, 2017
Calculating pain and suffering is a complex process, with no strict rules. Personal injury claims involve two main forms of damages: economic (“special”) and non-economic (“general”). Economic damages include financial losses from an accident, such as hospital bills or lost wages. These are easy to calculate, as there is documentation of exactly what the victim spent or lost due to an injury. It is the non-economic damages that are more difficult for courts and judges to evaluate.
What Is “Pain and Suffering?”
The Atlanta courts use the umbrella term “pain and suffering” to encompass an enormous range of general damages that could arise from a car accident, slip and fall, wrongful death, or other incidents. These damages may include:
- physical pain
- mental anguish
- psychological damage
- post-traumatic stress disorder
- loss of an individual’s love and companionship
- loss of enjoyment or quality of life
To recover for pain and suffering, an injured party must prove that these harms exist.
Proving pain and suffering is a more difficult process than simply gathering medical bills and evaluating property damage. There is no real, hard evidence the courts can work with to prove that the experience has had a traumatic impact on the victim. Instead, the courts rely on the plaintiff’s testimony and that from expert witnesses. It is up to a plaintiff (and his/her attorneys) to prove pain and suffering by expressing mental anguish, explaining persistent or chronic pain, and relying on testimony from psychologists and other experts.
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How the Atlanta Courts Calculate Pain and Suffering
There is no dollar value on someone’s emotional harms. Yet, the Atlanta courts grant awards for accident victims’ emotional damages every day. It is necessary to somehow quantify pain and suffering to help victims recover at least somewhat for their general damages. The courts will typically calculate these damages in one of two main ways:
One of the simplest ways to evaluate pain and suffering is by multiplying special damages. In this method, the courts will take the amount of total special damages and multiply it by a number between 1.5 and five. The multiplier will depend on the severity of the injury, prospect for recovery, the impact of the injury on life, and the other party’s degree of fault for the accident. This is the method most insurance companies use.
Per diem method
Also called the “daily rate” method, this calculation looks at the number of days the plaintiff will suffer and awards an amount of compensation per day. A daily rate will depend on the plaintiff’s daily earnings. The understanding is that dealing with the pain of an injury is worth at least as much as a day of pay. This method is not typically appropriate for long-term or permanent injuries.
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For more information, reach out to our knowledgeable Atlanta personal injury lawyer to help you calculate pain and suffering damages based on the method that works most in your favor. Our legal team is able to discuss the specifics of your case in greater detail and help you understand what compensation is available to you.