How Is Pain And Suffering Calculated In a Car Accident Injury Claim?
When you’re involved in a car accident in Atlanta, Georgia, it’s not just the physical injuries that hurt. The emotional and psychological trauma, what we call “pain and suffering,” is also a significant part of your recovery journey. At Morain & Buckelew, LLC, we understand the depth of these non-physical injuries and their impact on your life. Let’s summarize how this crucial part of your injury claim is calculated.
The Basis of Calculating Pain and Suffering
Pain and suffering in personal injury law refers to the physical discomfort and emotional distress one experiences after an accident. However, putting a number on these experiences can take time and effort. It’s more complex than summing up your medical bills. In Georgia, we use various methods to quantify this pain and suffering, ensuring you receive fair compensation for your anguish.
Standard Methods Used in Calculations
In personal injury law, especially in car accident cases, calculating pain and suffering compensation is critical. Two standard methods used for this purpose are the Multiplier and Per Diem Method. Here’s a detailed explanation of each:
The Multiplier Method is based on the actual, quantifiable damages incurred by the victim – often called “special damages.” Special damages typically include medical expenses, lost wages, and other measurable financial losses from the accident.
- Calculation Process: In this method, the total amount of special damages is multiplied by a certain number (the multiplier) to calculate the pain and suffering compensation. This multiplier generally ranges from 1 to 5.
- Determining the Multiplier: The exact number used as a multiplier depends on several factors, including:
- The severity and permanence of the injuries.
- The intensity and duration of pain.
- The impact of the damages on the victim’s daily life and activities.
- The recovery time and potential for ongoing discomfort or disability.
- Advantages and Disadvantages: The Multiplier Method is widely used because of its simplicity. However, it can sometimes oversimplify or overlook the nuances of an individual’s suffering, as not all pain and suffering can directly correlate with financial losses.
Per Diem Method
“Per Diem” is Latin for “per day.” This method assigns a specific dollar amount to each day from the date of the injury until the victim reaches maximum medical improvement.
- Calculation Process: The daily rate could be based on the victim’s actual daily earnings, suggesting that each day of pain is worth at least as much as a day’s work. Alternatively, a reasonable figure is chosen to represent the daily value of the pain and suffering.
- Determining the Daily Rate: The rate might vary depending on the nature of the injury, the level of pain, and how the injury affects daily life and activities. It requires a more in-depth analysis of the daily impact of the damage.
- Advantages and Disadvantages: The Per Diem Method acknowledges that pain and suffering continue daily. However, it can be challenging to justify the chosen daily rate, and the method may not be suitable for injuries with long-term or indefinite recovery periods.
Factors Influencing Your Pain and Suffering Claim
Several factors can affect the calculation of pain and suffering in your car accident claim. These include the severity and type of your physical injuries, the impact on your daily life, the length of your recovery, and any long-term effects you might face. In Georgia, we also consider the psychological impacts, such as anxiety or depression, that stem from your accident.
Challenges in Proving Pain and Suffering
Proving it is one of the biggest challenges in claiming pain and suffering compensation. Unlike medical bills, no direct monetary value is attached to your emotional distress. This is where detailed documentation becomes crucial. Keeping a journal of your daily pain levels, mood changes, and how the injury affects your everyday activities can be beneficial.
We Are Here to Help
If you or a loved one has been in a car accident in Atlanta, Georgia, and are struggling with the aftermath, remember that you deserve fair compensation for not only your physical injuries but also your pain and suffering. We at Morain & Buckelew, LLC are here to support you through this challenging time. Call us today at (404) 448-3146 or online to ensure your rights and well-being are fully protected.