- Car Accidents
Car accidents can be traumatic experiences that leave lasting physical and emotional scars, often leading to a personal injury case. If you’ve been involved in a car accident, you may be wondering what compensation you could receive for your pain and suffering in personal injury cases.
Instead of quoting an average amount that won’t apply to all cases, this blog post will explain what factors can influence pain and suffering. Calculating these damages is complex, so it’s crucialto reach out to an experienced Atlanta car accident attorney who can evaluate your claim.
What Are Pain and Suffering Damages in a Personal Injury Claim?
Pain and suffering damages are a category of compensation awarded to car accident victims for the physical and emotional distress they have endured. While medical bills and property damage can be easily quantified as economic damages, calculating pain and suffering is a complex and subjective process.
In addition to physical pain, victims often endure significant emotional pain, which includes mental distress and suffering pain resulting from the accident.
A lawyer will analyze the extent of your injuries and how they impact your life. Your doctors will offer valuable insights into your condition, expected recovery timeline, and potential permanent disabilities.
Factors When Evaluating Pain and Suffering and Emotional Distress
Now, let us examine a few specific factors that an Atlanta car crash attorney will rely on to evaluate your pain and suffering in a car accident settlement.
The severity of your injuries is the main factor. If you have suffered catastrophic injuries that have had a significant impact on your life, such as permanent disability or disfigurement, this can greatly increase the amount of compensation you may receive. Proving pain is essential in these cases, requiring thorough documentation and evidence to support the claim.
The duration and extent of your pain is another important factor. If you have endured months or even years of physical discomfort, emotional distress, or emotional trauma as a result of the accident, this can significantly affect the value of your claim.
Mental pain, including anxiety, depression, and other negative emotions, is also considered when evaluating your claim.
Furthermore, an experienced lawyer will also take into consideration how the accident has impacted your daily life activities. For example, the lawyer will note if you have to give up certain hobbies or activities because of physical pain and limitations resulting from those injuries.
When it comes to determining the amount of pain and suffering damages in a car accident settlement, there are two main methods.
- The Multiplier Method involves multiplying your total medical expenses by a certain number, usually between 1.5 and 5, depending on the severity of your injuries. The higher the multiplier, the greater the compensation for pain and suffering.
- The Per Diem Method – With this approach, a daily rate is determined based on factors such as lost wages, medical bills, and other relevant expenses. This daily rate is then multiplied by the number of days you have suffered from pain due to your injuries.
Gathering evidence to prove pain, such as medical records and personal testimonies, is crucial for accurately determining the amount of compensation.
Both methods serve as guidelines to estimate pain and suffering damages. However, they are not set formulas. Each case requires careful consideration of various factors such as age, occupation, impact on daily life activities, psychological effects, and duration of treatment or recovery period.
What If You’re Partially at Fault?
When it comes to determining the value of your car accident case, one crucial factor that can significantly impact the amount you receive is your percentage of fault. In other words, if you are found partially responsible for the accident, it can reduce your compensation.
This is because Georgia follows a comparative negligence principle in determining eligibility to file a personal injury claim and collect damages. You must be less than 50% at fault to qualify for damages. Also, your total damages will be reduced by your percentage of fault.
Calculating Pain and Suffering Damages
Calculating pain and suffering damages after a car accident involves quantifying the non-economic impacts of the injury, such as physical pain, emotional distress, and loss of enjoyment of life. Unlike economic damages, which cover tangible costs like medical bills and lost wages, pain and suffering damages are more subjective and vary widely from case to case.
Insurance companies and courts often use methods such as the multiplier method, where the total economic damages are multiplied by a factor (usually between 1.5 and 5), or the per diem method, which assigns a daily dollar amount for each day the victim experiences pain and suffering.
Factors influencing the calculation include the severity and permanence of the injury, the victim’s age, and the impact on their daily activities and quality of life. Consulting with an experienced personal injury attorney can help ensure that victims receive fair compensation for their pain and suffering.
Call an Experienced Atlanta Accident Attorney!
If you’ve been involved in a car accident and are seeking compensation for your pain and suffering, it’s crucial to have an experienced personal injury lawyer defending your rights. A skilled car accident lawyer in Atlanta will carefully evaluate your damages and fight to secure a fair settlement from the other driver’s insurance company.
A personal injury lawsuit can help you recover both economic and non-economic damages, including pain and suffering.
Don’t wait any longer! We offer each client a free case review, so call us at 855-475-2588!
Personal injury lawsuits ensure that individuals who have suffered personal injuries in accidents can protect their legal rights and seek appropriate compensation.
