How Is Pain And Suffering Calculated In A Georgia Personal Injury Case

Most injury claims include vital compensation for all the damages that may have gone along with a serious injury. Your financial costs, including your income losses and any medical expenses associated with your accident, are generally calculated by taking an actual look at your bills. You can calculate them directly by taking a close look at the actual damages and losses you had to contend with after the accident.

General damages, also known as pain and suffering, can be much more difficult to calculate.

How is pain and suffering calculated in a Georgia personal injury case? How do you know how much compensation you might deserve for pain and suffering, especially if your injuries have had a substantial impact on your life?

Common Methods for Calculating Pain and Suffering

There are two methods commonly used to calculate pain and suffering in a Georgia personal injury case.

The Percentage-Based Method

Many lawyers will still use a percentage-based method to calculate pain and suffering in an injury case. The percentage-based method takes a look at the financial losses you have sustained, then assigns a percentage of that amount to pain and suffering. For example, your lawyer might ask for between 100% of the financial damages you sustained in the accident and 250% of the damages you sustained in the accident in pain and suffering, depending on the losses you sustained.

How much your lawyer asks for in compensation for pain and suffering may depend on how much suffering you have faced as a direct result of your accident, as well as the number of your medical bills.

The Per Diem Method

If your lawyer uses the per diem method to calculate pain and suffering, your lawyer will assign a daily rate to your suffering. Then, your lawyer will multiply that amount by the length of time between your accident and the point at which you have made the fullest possible recovery from your injuries or the projected time at which you will reach the fullest possible recovery for your injuries.

Talking to Your Lawyer About Your Pain and Suffering

As you calculate pain and suffering for your Georgia injury claim, your lawyer may ask a number of essential questions that can make it easier to determine how much compensation you may reasonably expect for the pain and suffering associated with your claim.

How much physical pain did you suffer because of your accident?

Your lawyer may want to start with a look at the physical pain that went along with your accident and your injuries. Some types of injuries may naturally cause more physical pain than others. For example, burns can cause immense physical pain, which may last for a long time. Talk to your lawyer about both the pain that occurred immediately after the incident and any ongoing pain you may have because of your injuries since many injuries may have a lifelong impact and continue to cause pain well after the initial event.

What emotional distress did you face because of your injuries?

In many cases, a severe accident can cause immense emotional distress along with ongoing physical pain from the accident. Suppose, for example, that you suffered an injury that caused you to lose much of your independence. You may struggle with your own reliance on other people to take care of things that you once easily took care of yourself. You may also struggle with the lack of ability to work in your former profession.

Furthermore, in many cases, your injury may make it impossible for you to do many of the things you loved before your accident. Serious injuries can interfere heavily with your ability to engage in active hobbies. Injuries to your hands and arms could make it difficult for you to play video games or use your phone. Talk to your lawyer about the emotional impact your injuries have had on you, including what areas of your life they may have impacted.

Did your injuries cause any challenges in your relationships?

Severe injuries can cause any number of challenges in your relationships. You may struggle in your relationship with your spouse: for example, as many as 78% of marriages may end in divorce after a brain injury. You may no longer have the ability to spend time with your friends the way you did before your accident, especially if you suffered injuries that prevented you from engaging in shared hobbies. You may note immense changes to your relationship with your children, especially if you can no longer provide them with the same type of support you did before the accident. Discuss those relationship changes and challenges with your lawyer.

Understanding the compensation you may deserve for pain and suffering may prove very difficult. Working with our lawyers can help. Contact us today to understand how to calculate pain and suffering for your Georgia injury claim.