How Are Pain and Suffering Damages Calculated?

If you were injured in a bicycle accident, truck collision, or some other type of accident in Augusta, GA, you may be able to recover compensation for your losses. You might assume this means compensation for your medical bills and property damage, but you can also recover compensation for intangible or emotional injuries.

These types of damages are broadly referred to as non-economic damages. One of the most common types of non-economic damages that personal injury victims can recover is pain and suffering damages. Pain and suffering damages related to the physical and emotional suffering caused by a physical injury.

To understand how pain and suffering damages are calculated, it’s helpful to understand some basics about damages in general. An experienced personal injury lawyer can also explain how pain and suffering damages may be calculated in your case. 

What Are Pain and Suffering Damages?

Pain and suffering damages related to both the physical and mental suffering caused by an injury. These can be especially difficult to calculate and are based on the victim’s subjective experience. 

They can include things like aches, pains, discomfort, and emotional trauma caused by an injury. 

What Role Do Damages Play in a Personal Injury Case?

Proving that you suffered damages is essential to a personal injury claim. You will usually need to show that the at-fault party was negligent to succeed in your personal injury claim.

To prove negligent, you will need to prove the following four elements:

• The defendant owed you a duty of care. In most cases, a defendant owes a duty to act the way a reasonable person would.
• The defendant breached the duty of care. You will probably need to prove that the defendant acted unreasonably in the situation.
• You suffered damages. This includes physical and emotional injuries, such as pain and suffering.
• Causation. You must prove that the defendant’s actions caused your injuries.

You must prove each of these elements by a preponderance of the evidence. That means you must show that your claims against the at-fault party are more likely than not true.

Damages are a core part of your personal injury claim, so it’s important that you present strong evidence of the extent of your damages.

What Damages Are Available in Georgia Personal Injury Cases?

There are two main types of damages available in Georgia personal injury cases: economic damages and non-economic damages. 

Economic Damages

Economic damages, as the name suggests, include the financial consequences of an accident or injury. These include past and future medical expenses, vehicle damage, property damage, and lost wages.

Non-Economic Damages

Non-economic damages, on the other hand, are often emotional or psychological consequences of the injury or accident. They include the following:

• Pain and suffering 
• Mental anguish 
• Scarring and disfigurement
• Disability 
• Loss of consortium
• Loss of quality of life

Non-economic damages are harder to calculate than economic damages, as they aren’t tied to a financial transaction. A skilled personal injury lawyer can help you assess the value of your non-economic damages.

How Much Is My Non-Economic Damages Claim Worth?

There’s no simple formula for calculating the value of your non-economic damages claim. Instead, several factors will influence what your case is worth, including:

• The extent of your injuries
• The circumstances of the accident
• Your total medical expenses
• The length of your medical treatment
• Insurance policy limits 
• Expected future consequences of your injuries
• How much time you were away from work because of your injury
• Whether you will be able to return to your job or the same type of work
• The impact that your injuries have on your quality of life 

Your attorney will take each of these factors into consideration when calculating the value of your non-economic damages.

Methods for Calculating Pain and Suffering Damages

While there is no set formula for calculating pain and suffering damages, your attorney may rely on one of the following methods to help quantify your damages.  

• The multiplier method. Your attorney may recommend estimating your non-economic damages as a multiple of your economic damages, such as 3 times your economic damages.
• The per diem or daily rate method. Your attorney may recommend claiming a daily value for every day you are recovering from your injuries. You would then multiply the daily value by the number of days you were recovering.

These are just a couple of methods your personal injury attorney may use.

Contact an Experienced Augusta Personal Injury Lawyer To Discuss Your Case

If you were injured in an accident in Augusta, GA, and believe that someone else should be liable for your damages, contact an experienced personal injury attorney at Nicholson Revell Personal Injury Attorneys. They can assess the extent of your pain and suffering damages—and any other damages—and help you fight for full compensation. 

Contact our office to schedule a free consultation with one of our knowledgeable Augusta personal injury attorneys. Also, you can call us at (706) 722-8784.