What is the law in Georgia on compensation for pain and suffering? And how do Athens personal injury attorneys and juries determine how much to ask for and how much to award in compensation for pain and suffering? Let’s take a look.
What Are Pain and Suffering Damages?
Pain and suffering damages are to compensate victims for the physical and mental impact of an accident and injury. Unlike medical bills or lost income, pain and suffering doesn’t come with a bill or receipt and can be more difficult to put a dollar figure on.
Compensation for pain and suffering includes:
- Physical Pain: The actual, physical pain and discomfort experienced from the injury, surgeries, and rehabilitation, including chronic or long-lasting pain.
- Emotional Distress: Mental anguish, anxiety, fear, grief, insomnia, and depression resulting from the trauma of the accident and the recovery process.
- Loss of Enjoyment of Life: The inability to participate in hobbies, sports, family activities, or daily tasks that you enjoyed before the injury.
- Disfigurement and Impairment: Compensation for scarring, loss of a limb, or permanent physical limitations.
Georgia Law on Compensation for Pain & Suffering
Georgia law leaves it entirely to the jury to determine the amount of compensation for pain and suffering. Every case is different, and there is no formula or calculator to determine how much compensation you will receive.
The judge gives the jury the following instructions on how to determine pain and suffering damages: “Pain and suffering is a legal item of damages. The measure is the enlightened conscience of fair and impartial jurors. Questions of whether, how much, and how long the plaintiff has suffered or will suffer are for you to decide.”
The judge also tells the jury that “in evaluating pain and suffering, you may consider the following factors:
- Interference with normal living;
- Interference with the enjoyment of life
- Loss of capacity to labor and earn money;
- Impairment of bodily health and vigor;
- Fear of the extent of injury;
- Shock of impact;
- Actual pain and suffering, past and future;
- Mental anguish, past and future;
- Limitations of activities.”
How to Determine Compensation for Pain & Suffering
How much compensation for pain and suffering a jury will award depends on two things:
- How much does it affect your life, and
- How long does it last.
If you are hurt in an accident and get better after several weeks of treatment, a jury will believe that you have a small amount of pain and suffering and award a small amount of compensation. If you have to have surgery because of the accident and will have life-long pain and complications, a jury will believe that you have a large amount of pain and suffering and award a large amount of compensation.
Juries can also award compensation for future pain and suffering. In determining how much compensation to award for future juries consider how much the accident and your injuries have affected your life. If you’re an active person who likes to exercise and play sports and break your leg in an accident, but make a great recovery and can resume your lifestyle, a jury will award you pain and suffering compensation for your injury and recovery, but probably not any for future pain and suffering. On the other hand, if you suffer a herniated disc in an accident and it will permanently affect your ability to lead an active lifestyle and do your job, a jury will probably award future pain and suffering compensation.
How Georgia Courts Calculate Pain and Suffering Damages
There’s no one way to calculate compensation for pain and suffering. Like we said above, Georgia law leaves it completely up to the jury to determine how much pain and suffering compensation to award. Lawyers use many different ways to ask the jury for pain and suffering damages, but here are two of the most common:
1. The Multiplier Method
Your attorney will take the total of your medical bills and lost income and then ask for anywhere from 2 to 10 times that amount (or even more) in compensation for pain and suffering.
Example: Your medical bills and lost income total $50,000. At trial, your lawyer asks the jury to award pain and suffering compensation of 3 times that amount, which would be $150,000, for a total verdict of $200,000.
2. The Per Diem (Hourly or Daily Rate) Method
Your attorney asks for an amount of pain and suffering per hour or per day that you suffer from your injuries. This method usually works best with permanent, lifelong injuries. Let’s say someone suffered a herniated disc in a tractor-trailer wreck, had to have surgery but is going to have permanent back problems and is expected to live another 25 years. Here’s how we might use the hourly rate to ask the jury for compensation for pain and suffering:
- $7.25 per hour (minimum wage) X 24 hours per day X 365 days per year X 25 years = $1,587,750
- $15 per hour X 24 hours per day X 365 days per year X 25 years = $3,285,000
- $25 per hour X 24 hours per day X 365 days per year X 25 years = $5,475,000
And here’s how we might use the daily rate:
- $100 per day X 365 days per year X 25 years = $912,500
- $200 per day X 365 days per year X 25 years = $1,825,000
- $250 per day X 365 days per year X 25 years = $2,281,250
Factors That Influence the Value of Pain and Suffering Damages
There is no simple way to prove pain and suffering. The value of these damages is tied directly to the evidence and the impact the injury has on your life.
The key factors that influence the final value of a pain and suffering claim are:
- Severity of the Injury: Catastrophic injuries, such as spinal cord damage, traumatic brain injuries, or permanent disability, result in much higher values than minor, quickly healing injuries.
- Duration of Recovery: The length of time you must endure pain, therapy, and restricted activity is a major factor. Damages for temporary pain differ greatly from damages for permanent, life-long suffering.
- Impact on Daily Life: How the injury interferes with your ability to work, care for your family, or perform basic self-care activities significantly affects the award amount.
Evidence That Helps Prove Pain and Suffering in a Personal Injury Claim
To secure a fair settlement, you must prove not only that you were injured but also the severity and duration of the pain and suffering you endured.
Credible evidence includes:
- Medical Records and Bills: Documentation from doctors, specialists, physical therapists, and mental health professionals detailing your diagnosis, prognosis, pain complaints, and treatment regimen.
- Personal Pain Journal: A daily log where you record pain levels, symptoms, emotional state, difficulties performing routine activities, and missed social or family events.
- Testimony From Loved Ones: Statements from spouses, family members, or friends who can attest to the changes in your personality, mood, physical abilities, and quality of life since the accident.
- Photographs and Video: Images of visible injuries, scars, or disfigurement, or videos showing the difficulty you face in completing everyday activities.
How to Determine Compensation for Pain & Suffering
How much compensation for pain and suffering a jury will award depends on two things:
- How much does it affect your life, and
- How long does it last.
If you are hurt in an accident and get better after several weeks of treatment, a jury will believe that you have a small amount of pain and suffering and award a small amount of compensation. If you have to have surgery because of the accident and will have life-long pain and complications, a jury will believe that you have a large amount of pain and suffering and award a large amount of compensation.
Juries can also award compensation for future pain and suffering. In determining how much compensation to award for future juries consider how much the accident and your injuries have affected your life. If you’re an active person who likes to exercise and play sports and break your leg in an accident, but make a great recovery and can resume your lifestyle, a jury will award you pain and suffering compensation for your injury and recovery, but probably not any for future pain and suffering. On the other hand, if you suffer a herniated disc in an accident and it will permanently affect your ability to lead an active lifestyle and do your job, a jury will probably award future pain and suffering compensation.
Georgia-Specific Limitations on Pain and Suffering Compensation
Georgia currently does not impose a general statutory cap on non-economic damages in most personal injury cases. The Georgia Supreme Court previously ruled certain caps unconstitutional.
Georgia follows a modified comparative negligence rule (O.C.G.A. § 51-12-33). This rule means that if you are partially responsible for the accident that caused your injury, your total damages award, including pain and suffering, will be reduced by your percentage of fault.
If a court or jury finds you to be 50 percent or more at fault, you are barred by law from recovering any damages at all.
Georgia enforces strict deadlines for personal injury claims. In most cases, you have two years from the date of the injury to file a lawsuit. If you miss this window, you typically lose the right to pursue compensation, no matter how serious your injuries may be.
There are also special rules for claims involving government entities. In Georgia, you must provide notice much sooner: claims against municipalities require notice within six months, while claims against the state or counties must be filed within twelve months.
How an Attorney Helps Maximize Your Pain and Suffering Damages
Insurance companies regularly seek to minimize payouts, often offering a low multiplier for pain and suffering. Working with a personal injury attorney ensures your claim is taken seriously and your non-economic losses are properly valued.
An experienced personal injury attorney will:
- Properly Document Your Losses: We compile and organize all medical records, personal journals, and witness testimony to establish a clear, documented record of your suffering.
- Argue for the Right Multiplier: We present a strong case to justify a higher multiplier based on the long-term impact of your injuries.
- Protect You From Unfair Blame: We work to minimize any argument that you were at fault, protecting your right to compensation under Georgia’s comparative negligence statute.
- Negotiate and Litigate: We negotiate directly with insurance companies to secure a full and fair settlement. If a settlement cannot be reached, we stand ready to present your case to a jury.
We handle cases throughout Georgia, Athens, including Athens:
Within personal injury, we serve the following practice areas:
- Bicycle accidents
- Car accidents
- Motorcycle accidents
- Truck accidents
- Pedestrian accidents
- Slip and fall and premises liability
- Medical malpractice
And more.
Contact Our Athens Personal Injury Lawyer
If you have suffered an injury in an accident, do not settle for less than your claim is worth. The attorneys at Ruppersburg Injury & Accident Attorneys are prepared to take on complex cases for clients across Athens.
Getting pain and suffering damages requires thorough evidence and a clear legal strategy to challenge insurance companies that aim to pay as little as possible. We will achieve full and fair justice for your physical and emotional harm. Call us at 706.354.1000 for a free consultation.