What is Pain and Suffering Compensation? And How to Receive it for a Georgia Car Accident
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Can pain and suffering cost the at-fault driver well above their insurance policy limit?
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.
Can you recover for pain and suffering without showing any evidence?
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.
Are pain and suffering costs calculated by multiplying the medical bills by three?
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.
Can pain and suffering compensation get you a million-dollar settlement?
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.
