The manner in which pain and suffering is calculated in a car accident case depends on several factors. One method includes multiplying your economic losses by a number determined by your injury severity. Another method is based on the length of time you experienced pain and suffering.
You can talk to your lawyer about which method is right for your case. Calculating a fair value for your damages is key in securing the compensation you need and deserve following a crash. We can make sure you do not settle for less than your case is worth.
Two Methods to Calculate Pain and Suffering
Insurance companies often use computer programs to determine how much an accident victim’s pain and suffering is worth. However, this method generally benefits the insurer, not the victim.
To calculate a fair total, an attorney from our firm may use one of the following methods:
Damages Based on Your Economic Losses
The multiplier method is based on your economic damages, such as medical bills and lost wages. This method takes the total value of your expenses and losses. The total is then multiplied to determine a value for the non-economic losses you suffered as a result of the accident.
With this method, your lawyer multiplies the value of your economic losses by a number between 1.5 and five. The more serious your injuries are, the larger the number used.
For example, your economic damages total $30,000. Your injuries are moderately severe, so your lawyer assigns you a three. The value of your pain and suffering would be $90,000.
Based on the Number of Days You Experienced Pain and Suffering
Another way to measure the value of your pain and suffering is using the per diem (“by the day”) method. This method considers the number of days your injuries affected your life after the accident. This can be a good option if your treatment ended long before you could return to work or other routine activities.
The per diem method assigns a value to each day you spent healing. For example, you endured pain and suffering for 30 days. Your attorney puts a value of $200 on each day. Your pain and suffering would be worth $6,000 in this case.
For a free legal consultation, call 404-214-2001
Be As Accurate As Possible with Your Economic Losses
Your economic losses are a crucial part of determining a value for your pain and suffering.
You and your legal team can discuss your financial losses and expenses and gather evidence to support these totals. Documents like receipts, bank statements, and paycheck stubs may be used to determine the value of your economic damages. These damages might include:
- Medical care costs
- Loss of income due to missed time at work
- Out-of-pocket expenses, such as those for prescription medicines or care services while you were injured
- Repair costs for damaged property, such as a vehicle
- Reduced earning potential if your injuries required you to take a lesser paying job or retire
This is not an exhaustive list of every type of economic damage you might claim. Your legal team may suggest other damages, depending on what your case involves.
The amount of compensation you pursue should reflect both the losses you have experienced and those you may experience in the future. If you underestimate the value of your case, you could recover less than you deserve for pain and suffering.
Be Mindful of the Deadline Attached to Your Case
Per O.C.G.A. § 9-3-33, injured car accident victims generally have up to two years to file a lawsuit in civil court. This action may be necessary if you cannot reach an appropriate settlement with the at-fault driver’s insurance company.
Speak with Kaine Law About Your Injuries Today
Calculating pain and suffering in a car accident case is complex. However, you do not need to handle it alone. If you were the victim of a traffic collision in Georgia, Kaine Law can help you put a price on your damages and negotiate a settlement agreement. We offer FREE case reviews and serve clients from our offices in Atlanta, Conyers, Lawrenceville, and Stockbridge.
You can reach a team member now by calling (404) 214-2001.