How Are Pain and Suffering Damages in Car Accident Claims Calculated

Pain and suffering damages are meant to provide compensation for non-economic losses. There are no set formulas for calculating this type of damages, and awarded sums ultimately depend on the specific facts of each case.

An experienced Sandy Springs car accident lawyer can evaluate the severity of your injuries and the pain and suffering you have endured and potentially negotiate a settlement or argue for a fair amount of damages in court. While money cannot undo the harm, it can help provide stability as you heal.

Severity of Injury

The type of pain and suffering you endured will determine how much you can receive in damages. Insurance companies often use a formula to calculate pain and suffering damages based on the severity of your injuries.

Minor Injuries

You can expect damages of $500 to $2,500 per injury for minor injuries like whiplash, cuts and bruises. These injuries typically heal within a few days or weeks and cause temporary discomfort. The insurance company will evaluate medical records to determine an appropriate amount within this range.

Broken Bones

For broken bones or fractures, you can anticipate damages of $2,500 up to $10,000 per break. The severity of the break and required treatment are considered. For example, a simple fracture that heals with a cast will be on the lower end, while a severe break needing surgery and physical therapy will warrant more.

Severe, Permanent Injuries

The most substantial damages are awarded for severe, permanent injuries like spinal cord damage, traumatic brain injuries, or loss of a limb. Depending on severity, these life-altering injuries can yield damages of $50,000 or greater. Ongoing medical needs, loss of work capacity, and reduced quality of life will significantly impact the amount.

car accidents cause painful injuries

Factors Considered in Determining Your Settlement

Some of the factors an insurance company will consider in determining a settlement offer for your pain and suffering damages include:

  • Medical records documenting your injuries, prognosis and recovery. Provide as much detailed documentation as possible from doctors, therapists and other healthcare providers.
  • Photos of injuries, scarring or disabilities. Visual evidence of your injuries can help demonstrate their severity to an insurance adjuster.
  • Testimony regarding your pain and limitations. Written or video statements from you, family members, coworkers and others on how the injuries have impacted your life can strengthen your claim.
  • Missed work and lost wages. While lost income is claimed separately, missed work due to injuries provides context for the severity and duration of your pain and suffering.

By understanding how pain and suffering damages are calculated and the factors considered in determining a settlement, you’ll be better positioned to pursue maximum compensation after a car accident.

Limits on Pain and Suffering Damages in Georgia

Georgia has set caps on non-economic damages that can be awarded in car accident claims, including compensation for pain, suffering, and emotional distress. Currently, the cap is $250,000 per person, though this amount can increase over time based on the Consumer Price Index.

While pain and suffering damages aim to provide fair compensation for accident victims in Georgia, caps are in place to prevent excessive awards that could negatively impact insurance companies and policyholders. The calculation of appropriate damages within these caps is complex, relying on many subjective factors.

A Sandy Springs Car Crash Lawyer Can Help You File Your Pain and Suffering Claim

If you have suffered injuries and pain from a car accident in Georgia, you may be entitled to compensation for your pain and suffering. To ensure you receive the maximum amount of damages possible, it is important to speak with an experienced car accident lawyer in Sandy Springs as soon as possible after your accident.

At 1Georgia Injury Lawyers, our team of skilled attorneys has helped many car accident victims recover fair compensation for their pain and suffering. We understand how life-altering injuries can impact you both physically and emotionally.

If you want to discuss a potential pain and suffering claim with us, do not hesitate to contact us today. We offer free case evaluations with no obligation. Call us at 678-635-9939 or contact us online to arrange an appointment.