Putting a fair dollar value on the pain and suffering you experience after an accident caused by someone else is a critical step in securing your financial justice. Most victims do not know how to calculate pain and suffering settlement damages and risk losing significant compensation by trusting insurance companies to make that call. Instead of making this mistake, connect with an experienced Kennesaw personal injury lawyer from Piedmont Injury Law. We will fight for every dollar your pain and suffering deserve.
What a settlement recovers
A settlement is the amount of money you receive from the at-fault party to compensate you for the costs incurred and losses sustained from the accident their negligence caused. Your personal settlement amount is not determined by a judge or jury but through negotiations between your Kennesaw personal injury attorney and the at-fault party’s representatives.
Settlements cover special damages and general damages. Special damages include accident-related financial costs, such as medical bills and lost wages. The amount of damages warranted can be proven with documentation–bills, check stubs, and pay scales, for example.
General damages represent losses the “law presumes to flow” from the accident. They acknowledge your pain and suffering financially, and determining a fair amount is more subjective. You can trust a knowledgeable attorney from our team to calculate an appropriate amount and support your demand.
Pain and suffering explained
Victims often do not understand exactly what pain and suffering settlement damages include. The at-fault party’s representative will minimize these losses to keep their payout low. Piedmont Injury Law will factor every element of your pain and suffering into the settlement demand and challenge attempts by the other side to dismiss your claim.
A pain and suffering settlement can recognize your:
- Physical pain
- Disfigurement
- Permanent disability
- Emotional distress
- Psychological anguish
- Reduced enjoyment of life
- Inability to engage in activities you enjoy
- Changed relationships or family dynamic
How to calculate your pain and suffering settlement damages
Some states limit the amount victims can receive for pain and suffering, but as per Georgia Code 9-10-184, Georgia does not. The law allows attorneys to calculate and argue for a fair amount.
Insurance companies often rely on computer programs or their own in-house methods for calculating a pain and suffering settlement. Trusting these results is not in your best interests. The company’s goal is to protect its own bottom line.
Your Kennesaw personal injury lawyer is committed to serving your interests and may use the multiplier or per diem method to calculate your pain and suffering settlement amount.
Multiplier method
Your attorney will add up your total special damages, which equals your total financial costs incurred by the accident. Then, they will multiply this total by one to five, depending on the severity of your injuries. The greater the severity, the higher the multiplier.
For example, if your total special damages amount to $50,000 and your injuries and their effects range in the moderate-to-severe level, your attorney could multiply your special damages by three and demand $150,000 for your pain and suffering.
When determining the multiplier, your attorney will consult with you, your caregivers, and your medical team. Factors considered when making the determination include the seriousness and nature of the injury and:
- Recovery time
- Extent of recovery
- Required medical treatments
- Effects on your daily life
- Effects on your psychological well being
Per Diem method
The per diem method involves a similar examination of the injury and its effects and then yields a dollar amount representing the cost of that pain on a daily basis. That number is multiplied by the days you are expected to endure that pain. If your daily dollar amount is $100, and your anticipated recovery time is 400 days, your attorney may demand $40,000.
Supporting your pain and suffering settlement demand
You must support your pain and suffering settlement demand with evidence. Be sure to see a doctor after your accident to have your injuries documented and treated. Give your attorney copies of your medical bills and dates of your appointments. Your attorney will gather additional evidence by:
- Consulting with your doctors and other medical experts regarding your injuries and prognosis
- Collecting your testimony and testimony from your family, friends, and caregivers about how your injuries and pain have affected your life
- Presenting pictures or video of you before and after your injuries
Get justice for your pain and suffering
Piedmont Injury Law knows how to calculate a pain and suffering settlement amount, and we will fight for the maximum. Your pain and suffering matter, and you must demand compensation. Send us a message or call (678) 909-0770 to arrange your free case review. You deserve justice, and we do the work to help you get it.