Everything to Know About Pain and Suffering Personal Injury Compensation
Key Points:
- In Atlanta, damages must compensate injured parties for all the physical and mental effects an accident causes for victims and their families.
- Juries determine the monetary value of pain and suffering based on what seems fair under the individual circumstances of each case.
- Any fair settlement offer from the insurance company should fully compensate the victim for not only medical costs but pain and suffering, which includes emotional trauma, mental anguish, anxiety, and diminished quality of life caused by the accident.
- Because pain and suffering can be difficult to measure, hiring an attorney who knows how to gather and present strong evidence greatly increases your chances of receiving a fair settlement and, if necessary, winning a pain and suffering award at trial.
Table of Contents
“Pain and suffering” isn’t just a phrase used by lawyers—it’s a real, and often substantial, component of your personal injury compensation claim. Specifically, pain and suffering compensation is a type of damages awarded to victims who have suffered injuries because of an accident. But unlike vehicle repair costs, medical expenses, or other monetary losses, pain and suffering damages are noneconomic in nature (i.e., not easily established by records or dollar value).
That means if you’ve been hurt in a car accident, you may be entitled to damages for your physical pain and discomfort, which includes not only what you’ve already suffered but what you’re likely to suffer in the future. In addition, you can recover compensation for your current and future mental pain and suffering, which may include emotional trauma, mental anguish, anxiety, and diminished quality of life.
If you’ve experienced severe, life-changing injuries, you may be entitled to a large amount of pain and suffering compensation. As with any compensation claim, however, it’s not enough to just experience physical or emotional harm. You or your attorney will need to offer proof of pain and suffering to recover all the compensation you deserve.
What Exactly is Pain and Suffering Compensation?
Whenever a car accident or personal injury occurs, a victim may be awarded either economic or non-economic damages. Economic damages cover expenses from the accident that have direct invoices, receipts, or clear costs, such as medical bills. In contrast, non-economic damages do not have a visible, direct cost. Pain and suffering, for example, is a non-economic damage because it has no receipt or invoice. While economic expenses help quantify the impact, non-economic damages compensate accident victims, particularly car accident victims, for the suffering and life changes caused by the accident. Essentially, pain and suffering compensation is an awarded amount of money to cover the suffering the accident put a person through.
What is the Purpose of Pain and Suffering Compensation?
Under Georgia law, you’re entitled to be made whole through compensatory damages if you’ve been injured in a car accident because of someone else’s negligence. In other words, the negligent driver (or, typically, their insurance company) must compensate you for all harm and losses caused by the accident.
The law recognizes that simply paying your bills and out-of-pocket expenses doesn’t make you whole because an accident can affect your life in other ways. In Georgia, damages must compensate injured parties for all the physical and mental effects an accident causes for the victim and their family. Even though it’s hard to put a price on physical pain and emotional trauma, juries determine the monetary value of pain and suffering based on what seems fair under the individual circumstances of each case.
Is Pain and Suffering Compensation Considered an “Expense”?
Pain and suffering compensation isn’t classified as an “expense” but falls under non-economic damages in personal injury law. While economic damages cover measurable financial losses such as medical bills and lost wages, non-economic damages address the intangible impacts like physical pain, emotional distress, and loss of enjoyment of life. In essence, pain and suffering compensation aims to account for the subjective, non-financial consequences of an injury, distinguishing it from the concrete costs encompassed by economic damages.
How is Pain and Suffering Calculated into a Personal Injury Settlement?
Pain and suffering compensation is calculated based on several factors, including the severity of the injury, the impact on the victim’s daily life, and the duration of recovery. Courts and insurance companies often use methods such as the multiplier method, which multiplies the economic damages by a certain number (usually between 1.5 and 5) based on the severity of the injury, or the per diem method, which assigns a daily rate to the pain and suffering endured and multiplies it by the number of days the victim is affected.
How Does a Personal Injury Lawyer Prove the Pain and Suffering Cost?
Economic damages can lead to non-economic damages, and it’s how a personal injury lawyer proves the pain and suffering component of a claim. It’s important to remember that pain and suffering represent actual physical and emotional distress. How does one prove actual suffering? Simple: by proving the injuries. How does a lawyer prove the injuries? They focus on the cost of the medical bills. When you understand the cost to address the pain and suffering, you can identify the non-economic damages associated with it. By thoroughly documenting medical expenses and demonstrating the impact of the injuries on the victim’s life, a lawyer can effectively argue for appropriate compensation for pain and suffering.
How Do Auto Insurance Companies Defend Against Paying Pain and Suffering Compensation?
Auto insurance companies often defend against paying pain and suffering compensation by questioning the severity of the injuries and the extent of the claimant’s suffering. They might argue that the injuries aren’t as bad as claimed or were pre-existing conditions unrelated to the accident. Insurers often dig into medical records and might even require independent medical examinations to challenge the claimant’s reports of pain and suffering.
Moreover, insurance companies use tactics to minimize the compensation amount, such as questioning the necessity and cost of medical treatments or suggesting that the claimant’s life hasn’t been significantly affected by the injury. They might also monitor social media and conduct surveillance to find evidence that contradicts the claimant’s reported pain and limitations. By casting doubt on the legitimacy and extent of the pain and suffering, insurers aim to lower the overall settlement amount.
Will a Jury Award a Personal Injury Victim Pain and Suffering Compensation?
Juries are known to award accident victims pain and suffering compensation, which motivates car accident lawyers to pursue it during the settlement process. Because juries can be unpredictable, insurance companies are often more inclined to settle out of court to avoid the risk of a large jury award. This uncertainty can work in the victim’s favor, as insurers may offer a more substantial settlement to avoid the unpredictability of a jury trial.
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Is it Possible to Obtain Pain and Suffering Compensation for a Personal Injury Without a Lawyer?
Its possible but its more difficult. Its important to know that a car accident lawyer will work hard to gather evidence to build a strong case. Auto insurance companies for example never pay a person for pain and suffering unless a car accident lawyer is demanding it, and they know they would lose in trial. Insurance companies do not recognize it as an expense.
Yes, potentially. Pain and suffering damages are covered by most auto insurance liability policies, and the at-fault driver’s insurance carrier is required to pay for all damages caused by the accident up to the policy limit. When injuries are severe or life-changing, however, the amount of pain and suffering may be well above the policy limit. If the carrier exhausts the policy to pay the claim but the damages exceed the limit, the victim can file a lawsuit against the at-fault driver to recover the remaining amount.
If the case goes to trial, a jury is free to award any amount it sees fit for pain and suffering, which may be far more than the coverage provided under the policy. The at-fault driver is then obligated to pay the difference between the liability policy and the verdict (unless there are extenuating circumstances that allow the insured to claim the carrier mishandled the claim and must, therefore, pay more than its limit). For example, if there’s a million-dollar verdict and a $500,000 policy limit, the insurance company is obligated to pay $500,000—the defendant must pay the rest out of their personal assets unless there’s evidence the carrier handled the claim in bad faith.
If medical records show that your injuries were severe, the insurance company may offer compensation that includes pain and suffering even if you don’t submit supporting evidence. However, carriers typically don’t include pain and suffering in a settlement offer unless your attorney submits strong documentation. And if it does, the amount will likely be far less than you’re entitled to recover.
There is no set formula for calculating pain and suffering compensation. If the case goes to trial, it’s up to the jury to decide how much to award based on the evidence. When negotiating a settlement or presenting a case at trial, attorneys may use different arguments that can (but does not often) include asking for three to five times the amount of medical bills. Other arguments can include using a per diem formula of “x” dollars per day for a temporary or permanent condition; asking for a fixed amount based on a real-world comparison; or asking for a range of damages. An experienced attorney can determine what argument best suits the facts and circumstances of your case.
If the case involved severe injuries and a high insurance policy limit, it could. In Georgia, the minimum limits of liability insurance for drivers include $25,000 per person and $50,000 per accident for bodily injury. However, many drivers opt for policies with higher limits or have additional coverage through umbrella policies. If the driver’s insurance policy doesn’t fully cover your damages, you may have to file a lawsuit to recover more.
