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770-626-7895The Georgia Governor’s Office of Highway Safety reports that there are approximately 110,000 motor vehicle traffic-related emergency room visits in the state each year. A major crash can leave a person with immense physical pain and terrible emotional suffering. This raises an important question: Can I get compensation for pain and suffering after a car crash? In Georgia, the answer is “yes”—but you need to prove liability and the existence/severity of your damages. Our experienced Athens car accident lawyers can help.
Pain and Suffering: Defined
Legal Information Institute explains that pain and suffering is defined legally as “the physical discomfort and emotional distress that are compensable as noneconomic damages.” Described another way, pain and suffering in a car accident injury case refers to the physical pain and emotional distress experienced by a victim as a result of the crash. Notably, the term includes both the immediate pain caused by the accident and long-term impact on the plaintiff’s quality of life.
Auto Accident Victims Should Be Prepared to Prove Liability
Georgia is a fault-based motor vehicle accident jurisdiction. To hold another party legally responsible for your injuries—including your pain and suffering—you must be prepared to prove that they bear liability for the crash. Liability is generally based on negligence. In Georgia, negligence is the failure to exercise reasonable care. Some examples of negligence that can contribute to a car accident include:
- Speeding;
- Distracted driving;
- Running red lights;
- Stop sign violations;
- Unsafe merges;
- Intoxicated driving;
- Unsafe trucking; and
- Vehicle manufacturer defects.
Every car accident in Georgia requires a thorough investigation. A top-rated Georgia traffic collision lawyer can help. A comprehensive investigation of a car accident typically involves gathering of all relevant evidence—from police reports to witness statements to photographs of the scene and the vehicle damage. You do not want to fall behind the insurance company. Be proactive: Consult with a Georgia car crash lawyer right away after an accident. It is the best step to maximize compensation for your pain and suffering.
How Pain and Suffering is Calculated in a Car Accident Claim in Georgia
Pain and suffering is a non-economic damage. By definition, it can not be tied directly to a specific dollar value. In other words, calculating pain and suffering in a car accident claim involves more than just tallying medical expenses and property damage. Your economic damages—medical bills, lost wages, etc—will usually help to establish the basis of your claim. In Georgia, there are two broad methods that used to calculate pain and suffering damages:
- Multiplier Method (More Common): The method involves multiplying the total economic damages by a certain number—typically between 1 and 4 or 5. What multiplier is best? It depends on many case-driven factors, including how serious the victim’s injuries were. Here is an example of how the multiplier method works: If a Georgia car accident victim’s economic damages were $50,000 and a multiplier of 2 is deemed appropriate, the pain and suffering damages would amount to $100,000.
- Per Diem Method (Less Common): The per diem method approach involves assigning a daily rate to the victim’s pain and suffering and multiplies this rate by the number of days the victim is reasonably expected to endure the pain. For example, if the daily rate is set at $100 and the victim is expected to suffer for 180 days, the pain and suffering damages would be $18,000.
Determining pain and suffering damages in a Georgia car accident claim requires careful consideration of the victim’s unique situation. There is absolutely no one-size-fits-all solution. As your pain and suffering cannot be tied to a specific dollar value, you need to build a strong, well-supported case to prove the severity of your damages. It is imperative that injured victims are represented by a top-tier Georgia auto accident lawyer.
The Challenge: Insurers Often Undervalue a Victim’s Pain and Suffering
Insurance companies are not on your side. They want to pay out as little as possible in settlement negotiations—and they often try to pay out less for pain and suffering. Indeed, one of the primary challenges faced by car accident victims in Georgia is that insurers often undervalue their pain and suffering. Insurance companies are profit-driven entities that have a vested interest in minimizing payouts. Indeed, insurance adjusters may downplay the severity of the injuries, question the necessity of ongoing treatment, or even argue that the victim’s pain and suffering are exaggerated.
Given the inherent challenge associated with seeking compensation for your pain and suffering in Georgia, it is crucial that you are proactive and well-prepared. Do not try to take on an insurance adjuster alone. Your lawyer can help you prepare all material evidence, Detailed medical records, personal testimony, witness statements, and expert opinions can help substantiate the true impact of the injuries—including the physical pain and emotional suffering that you endured. By building a strong case and negotiating assertively, injured victims can increase their odds of success.
Why Trust Georgia Car Crash Lawyer Brady M. Larrison
Following a serious auto accident in Georgia, you need compensation for the full value of your damages—including your pain and your suffering. Brady M. Larrison is a Georgia car crash lawyer with a proven record of successful case results. We are proactive and we put your rights first. Among other things, our Georgia auto accident lawyer is ready to:
- Listen to what you have to say and answer your legal questions;
- Investigate your crash—obtaining the all evidence to prove liability;
- Ensure that your damages are well-documented, including your pain and suffering;
- Represent you in settlement discussions with insurance adjusters; and
- Develop a personalized strategy focused on maximizing your financial recovery.
With The Larrison Law Firm, there are never any upfront costs or out-of-pocket expenses. Our legal team only gets paid when you get paid. If there is no settlement or verdict, then there are no legal fees. We will review your car accident injury claim for free and with absolutely no obligations.
Contact Our Georgia Car Accident Attorney for a Free Review of Your Case
At The Larrison Law Firm, our Georgia auto accident lawyers fight tirelessly to protect the rights of injured victims. If you have any questions or concerns about recovering compensation for pain and suffering, we can help. Give us a phone call now or connect with us online for a no cost, no strings attached case review.
