How To Calculate Pain and Suffering in Your Athens Personal Injury Claim

Hurt in a serious accident in Athens or elsewhere in Georgia? You could be left with immense pain, terrible suffering, and mental distress. Through a personal injury claim, you have the right to pursue compensation for pain and suffering and other non-economic damages. This raises an important question: How much compensation can I get for pain and suffering after an accident in Georgia? The short answer is “it depends.” There is no clear formula to calculate pain and suffering under state law. It is determined on a case-by-case basis. Here, our Athens personal injury lawyer provides a comprehensive guide to calculating pain and suffering damages in Georgia.

Pain and Suffering: Defined

Broadly speaking, pain and suffering is a legal term that is used to describe both the physical pain and mental suffering related to an injury (Legal Information Institute). Notably, in Georgia, pain and suffering is recoverable in a fault-based personal injury claim as non-economic damage.

The Challenge: Putting a precise dollar figure on a victim’s pain and suffering can be hard.

How To Calculate Pain and Suffering

Unlike medical bills or lost wages, pain and suffering damages are not based on direct invoices or receipts. Georgia law recognizes these as non-economic damages under O.C.G.A. § 51-12-2. How are they calculated? The key point to understand is that Georgia law does not have a fixed statutory formula for pain and suffering damages. Instead, courts (and insurers) will consider multiple factors in determining the value of a victim’s pain and suffering. Here are key points that influence how pain and suffering is valued in a personal injury case in Georgia:

• The Nature and Severity of the Injury: As a starting point, the nature and severity of the injury will matter for the calculation of pain and suffering damages. Catastrophic injuries (such as spinal cord damage or an amputation) will support higher pain and suffering awards than soft-tissue sprains. Permanent impairment, disfigurement, or chronic pain are all factors that can significantly increase the valuation of pain and suffering.
• Duration of Recovery and Overall Prognosis Matter: Next, the length of time it takes for the victim to recover is central to the calculation. A short recovery period may limit damage. On the other hand, long-term treatment, rehabilitation, or a permanent disability can substantially increase pain and suffering awards in Georgia.
• The Impact on Daily Life and Activities: In Georgia, courts also assess how the injuries affect the victim’s ability to work, engage in hobbies, or maintain family and social relationships. The greater the interference with daily functioning, the higher the potential award for pain and suffering.
• Medical Evidence and Expert Testimony: Evidence is foundational to any personal injury case, including for determining the value of pain and suffering. Medical records, diagnostic imaging, and physician testimony provide the support for proving pain and suffering. Georgia courts expect a plaintiff to establish the extent of pain and limitations through qualified medical evidence, not merely subjective complaints.
• Personal/Character Testimony: Additionally, your own testimony about the pain you experienced and how your life suffered because of your injuries are crucial. Likewise, gathering statements and testimony from those loved ones and those closest to you (family, friends, and co-workers) can also play a pivotal role in maximizing your recovery for pain and suffering.

The Bottom Line: How is pain and suffering calculated in Georgia? There is no one clear formula.

What to Know About the Methods for Calculating Pain and Suffering in Georgia

As noted previously, Georgia law does not prescribe a statutory formula for valuing pain and suffering damages. Instead, insurers and attorneys frequently rely on practical methods to estimate fair compensation, while juries ultimately exercise discretion. Two common approaches are the multiplier method and the per diem method. Here is an overview:

• Multiplier Method: This is an approach that applies a multiplier (usually between 1.5 and 5) to the plaintiff’s economic damages, such as medical bills and lost wages. The exact figure depends on the severity of injuries, permanence of impairment, and credibility of medical evidence. For example, $50,000 in economic damages with a multiplier of three results in $150,000 in pain and suffering damages. The multiplier method is the most common way that pain and suffering are calculated. Though there can be a lot of dispute over what multiplier should be selected in any given case.
• Per Diem Method: There is an alternative to the multiplier method. Under the per diem approach, a daily monetary value is assigned to the victim’s pain and applied to each day of suffering until maximum medical improvement is reached. For instance, $200 per day for 300 days equals $60,000 in damages. Plaintiffs must justify the daily rate with credible evidence of actual hardship. Although this approach for calculating pain and suffering is less common, it is used in some personal injury cases in Georgia.

An Overview of Evidence You Can Use to Prove Pain and Suffering

To put yourself in the best possible position to secure the maximum financial compensation for your pain and suffering damages, you need to be prepared to prove your losses. Here is an overview of evidence that is often used to substantiate pain and suffering in a personal injury case in Georgia:

• Medical Records: Medical evidence is always key. Comprehensive records of emergency treatment, surgeries, diagnostic imaging, and any and all follow-up care can be great evidence in personal injury cases, including for proving pain and suffering. You should remember that direct medical records are the foundation of your case.
• Testimony from Treating Physicians and Medical Experts: Your personal doctor can testify to the nature of injuries, prognosis, and whether pain is expected to persist into the future. Beyond your actual doctor, you may also benefit from an expert witness. A medical expert can link the injury directly to the accident and explain long-term effects.
• Prescription and Treatment Documentation: Are you taking or did you take any medication because of the accident? That matters for pain and suffering. Records of pain medication prescriptions and rehabilitation treatments show the necessity of ongoing care and provide a quantifiable indicator of continued suffering.
• Your Own Testimony: Your side of the story always matters. Your own testimony about daily pain, sleep disruption, loss of mobility, and the other ways in which the accident impacted your life is very important. It is evidence that helps in the calculation of pain and suffering damages.
• Photographs and Videos: Finally, images showing scarring, disfigurement, or physical therapy sessions provide powerful visual evidence for a jury evaluating pain and suffering.

How Our Athens Personal Injury Lawyers Can Help

At The Larrison Law Firm, we are solutions-focused, and we can help you calculate pain and suffering in your case. Do not agree to settle a claim for less. Our case results tell the story of what we can do for injured victims who have serious pain and suffering. Following a serious accident, you must have legal representation that you can rely on. Do not allow an insurance company to pressure you into accepting less compensation for your pain and suffering.

Our firm has an office right here in Athens, and we are proud to fight for justice for injured victims throughout the region. Athens, Georgia, is served by four primary ZIP codes, each with a distinct character. 30601 covers Downtown Athens, the historic district, and stretches east toward Winterville, including government buildings and music venues. 30605 lies in the southeast, home to UGA’s East Campus, Green Acres, Cedar Creek, and Athens-Ben Epps Airport. 30606 extends west through Five Points, Normaltown, Beechwood, and St. Mary’s Hospital, with a mix of established neighborhoods and shopping areas. 30607 spans the northwest, including Jefferson Road, Trail Creek, and industrial parks

Contact Our Athens Personal Injury Attorney for Pain and Suffering Today

At The Larrison Law Firm, our Athens personal injury attorneys represent victims with compassion, integrity, and a commitment to justice. If you have any questions about recovering pain and suffering after an accident, we can help. Call us now or contact us online to set up your no-cost, no obligation initial case review. Our firm fights for victims in Athens and all across the region.