How Pain and Suffering is Calculated

December 19, 2022

If you’ve been involved in a vehicle accident, you’re probably aware that you’re entitled to compensation for your medical bills, lost wages, and property damage. In many cases, insurance companies will acknowledge these economic damages when evaluating your claim.

But what about your physical discomfort, emotional pain, and the sheer inconvenience of being involved in an accident? Pain and suffering damages are designed to compensate injury victims for these non-economic, intangible losses.

If you’ve been injured in an accident in Atlanta or anywhere in Georgia, contact Henningsen Injury Attorneys, P.C. to discuss your case. We offer free consultations and work on a contingency fee basis—meaning you pay nothing unless we win your case. Our team can review any settlement offer and fight to maximize your compensation, including pain and suffering damages.

How Are Damages Assessed in a Personal Injury Case

Personal injury damages are divided into three categories. Economic damages, in addition to pain and suffering, comprise what is referred to as “compensatory damages” — damages that resulted from the accident. The third category is punitive damages, but these are less common. Here is a brief explanation of each type of damage:

Economic Damages

These are direct financial costs that arise from your injury. Economic damages include all medical bills, lost wages from being unable to work, any follow-up medical treatment, damage to property, modifications you need to make to your home, physical therapy, occupational therapy, etc.

Economic damages include measurable financial losses resulting from your injury, such as:

• Medical bills (past and future)
• Lost wages and reduced earning capacity
• Property damage
• Rehabilitation costs, including physical and occupational therapy
• Home modifications or long-term care needs

These damages are typically easier to calculate because they are supported by receipts, invoices, and documented estimates.

Non-Economic Damages

Non-economic damages—commonly referred to as pain and suffering damages—compensate for the emotional and physical impact of an injury. These may include:

• Chronic physical pain
• Emotional distress, anxiety, or depression
• Loss of enjoyment of life
• Loss of companionship in wrongful death cases

Insurance companies often dispute or undervalue these damages during settlement negotiations, making legal representation critical.

The state of Georgia places no cap on pain and suffering damages, but case law has provided effective, arguable ways to calculate pain and suffering. We will explore the ways that a personal injury attorney uses to calculate pain and suffering for their clients in later sections.

Punitive Damages

In some cases, the defendant’s behavior is so egregious that the court determines they should pay additional damages in addition to the compensatory damages for the plaintiff’s bills and pain and suffering. For most personal injury claims, punitive damages are capped at $250,000 in addition to compensatory damages.

An example of the type of case where punitive damages might be awarded is a car accident case where a drunk driver causes serious injuries to another person. In this case, the plaintiff might be able to recover damages for the drunk driver’s egregious negligence as well as for the compensatory damages.

Most individuals don’t have the training or experience to calculate the real costs of their accidents — let alone for pain and suffering. If you’ve been injured in an accident, contact a lawyer for a fair and full personal injury settlement.

Arriving at a Figure for Pain and Suffering

Calculating pain and suffering damages is often the most complex and contested part of a personal injury claim. Because these damages are subjective, attorneys rely on established methods to estimate their value.

Using the Multiplier Method

With the multiplier method, your attorney will calculate the total amount of economic damages and apply a multiplier to them. They usually use a range from one to five for the pain and suffering calculator. The more severe the injuries are, the higher the factor. For example, if you were in a serious car accident, the resulting physical pain and emotional suffering may be substantial.

If your economic damages came to $200,000 (i.e., medical bills, lost income, property damage, etc.) and the attorney applied a pain and suffering multiplier of 3, your pain and suffering damages would come to $600,000 and your total damages would be $800,000. This would be a high factor applied to a more serious injury.

More severe or permanent injuries generally justify a higher multiplier, especially in cases involving long-term disability or significant emotional trauma.

The Per Diem Method

Another method is the per diem (“per day”) approach, which assigns a daily monetary value to your pain and suffering and multiplies it by the number of days you are affected by the injury.

In some personal injury cases, where the plaintiff had a serious bodily injury or permanent disability, it may be years before they make a full recovery, if they ever recover.

In most cases, the insurance company will use its own standards to calculate pain and suffering to offer a settlement. The adjuster may acknowledge that the victim is in considerable pain and emotional trauma and may be entitled to pain and suffering compensation. That does not, however, mean that what they will offer is fair. This is why an experienced personal injury attorney will negotiate a settlement with insurance adjusters.

Why Insurance Companies Undervalue Pain and Suffering

Insurance companies often use internal formulas and software to calculate settlement offers. While they may acknowledge your pain and emotional distress, their goal is to minimize payouts and resolve claims quickly.

As a result, initial settlement offers are often significantly lower than what your claim is truly worth. Without legal representation, you may unknowingly accept less compensation than you deserve.

Why Financial and Pain and Suffering Damages Should be Calculated by an Attorney

Many people think that they can save money when it comes to their personal injury claim by negotiating directly with the insurance company. And when medical bills are piling up, and you are missing time from work, the last thing that you’re thinking of is the pain and suffering settlement. Most insurance companies will seize on this opportunity to make quick settlement offers to injured victims.

But here’s what you should know when dealing with anyone who works for an insurance company: initial settlement offers are almost always inadequate. In some cases, they might not even cover your future medical bills. They might mention your lost wages, physical pain, and emotional distress, but the compensation will fall short of what you would receive in a complete recovery.

Personal injury law firms, like Henningsen Injury Attorneys, pride themselves on calculating the full extent of both financial and pain and suffering costs of an accident. We are confident in our numbers before we seek compensation from an insurance company. Do not accept a settlement offer from an insurance adjuster before first speaking to an attorney who is familiar with damages from pain and suffering.

An experienced attorney can:

• Accurately calculate both economic and non-economic damages
• Negotiate aggressively with insurance adjusters
• Ensure future medical costs and long-term impacts are accounted for
• Pursue litigation if a fair settlement is not offered

What to Do If You’re Involved in an Accident

Nothing in this document should be considered legal advice, but knowing what to do after an accident can affect your claim for both financial and pain and suffering damages.

• Get to a Position of Safety – Your safety is the top priority. While you should not move seriously injured individuals unless they are in immediate danger, you should remove yourself from hazardous conditions whenever possible.

For example, in a car accident, you may move your vehicle to a safer location if necessary—this will not negatively impact your personal injury claim.

• Call 911 – If you are unable to, ask someone to summon first responders to the scene. The dispatcher will want to know your exact location, the nature of the accident, and a description of the vehicles or people involved. In a car accident case, you will want to provide the road signs and direction of travel, while in a slip and fall, you should describe the location on the premises.
• Talk to Witnesses – Witnesses can provide critical third-party evidence to support your claim. Since many leave quickly, try to:
• Collect names and contact information
• Take note of vehicle descriptions or license plate numbers

This information can be invaluable when establishing liability.

• Take Photos or a Video – Cellphones have provided extremely useful information in accident cases, particularly when establishing the cause of pain and suffering damages. Your accident scene will change rapidly as first responders arrive and leave items and debris all over the ground.

From a safe vantage point, use your phone to take pictures of the ground, damage to vehicles, the locations of security cameras, injuries, and anything else that would be relevant for a pain and suffering claim.

• Allow EMTs to Examine You – Always allow EMTs to evaluate you, even if you feel fine. Some injuries—such as internal bleeding or soft tissue damage—may not show symptoms right away. If medical professionals recommend hospital transport, follow their advice. Delaying treatment can harm both your health and your legal claim.
• Do not Accept an Insurance Company’s Settlement – It’s not unusual for an insurance adjuster to contact you within 24 hours of an accident. They may even show up at the hospital. They will make you an offer to cover your immediate medical expenses and maybe even a little more for lost wages and pain and suffering.

You will, however, have to sign a waiver of liability, which prohibits you from going to the insurance company for more money if you need it. Wait to speak to an injury and in Atlanta, call Henningsen Injury Attorneys.

Understanding the Personal Injury Claim Process in Georgia

Personal injury lawyers are particularly adept at getting damages for financial costs as well as pain and suffering from the insurance company. If you’ve been injured in a car accident, slip and fall, due to medical malpractice, etc., contact an injury lawyer to discuss your case. There are no out-of-pocket costs.

Filing a Claim

If you’ve already filed a claim but didn’t accept the settlement offer, you should contact an injury lawyer before taking it. Your lawyer will review the claim offer free of charge and then inform you what you will likely get if you hire them to pursue your damages.

An attorney can:

• Review your settlement offer at no cost
• Estimate the true value of your claim
• Handle negotiations on your behalf

Filing with legal representation often leads to higher compensation outcomes, especially for pain and suffering damages.

Demand Letter

Once your attorney calculates the full value of your damages, they will send a formal demand letter to the insurance company. This includes:

• Economic damages (medical bills, lost income)
• Non-economic damages (pain and suffering)

The insurer may accept, deny, or counter the demand. Many cases are resolved during this phase, but some proceed further.

Filing a Lawsuit in Georgia

Even after the lawsuit is filed, the case will probably settle out of court. In Georgia, the plaintiff has two years from the date of the accident or death to file a lawsuit.

Discovery Evidence

Both parties exchange evidence, including:

• Medical records
• Witness statements
• Accident reports and expert analysis

This phase can be time-intensive but critical to building a strong case.

Depositions

All plaintiff and defense witnesses will be deposed by opposing counsel. In these recorded interviews, the attorneys for both sides are present.

Case Development and Expert Witnesses

Your attorney will contact expert witnesses to examine the evidence further and help them prepare their case. This is particularly important when it comes to the pain and suffering damages since this will be the most heavily contested damages.

Settlement Discussions

Your attorney will enter negotiations with the insurance company’s attorneys. In most cases, the insurance company will settle out of court to avoid a protracted legal battle. Any settlement offer will include full financial reimbursement and compensation for your pain and suffering damages.

Trial

If the case can’t be settled, it will go to trial. While this is less common, it does happen. That’s why you want to make sure that you have the right attorney in your corner. In Atlanta, that starts with a call to Henningsen Injury Attorneys. Call today.

Frequently Asked Questions About Pain and Suffering Damages

At Henningsen Injury Attorneys, P.C., we’ve successfully represented hundreds of clients in their pursuit of pain and suffering damages. If you’ve been injured in an accident, you are not only entitled to all of your out-of-pocket expenses, but also compensation for pain and suffering.

Here are some of the most frequently asked questions by our clients. If you would like to talk to us about your injuries, we offer free consultations. You can find out specific information about your case for free.

What Is Included in Pain and Suffering?

Pain and suffering is a catchall term that refers to damages caused by an accident that don’t have a monetary cost. This is best demonstrated with an example. In car accidents, it’s not difficult to calculate the financial costs of injuries and damage to the vehicle. However, what about the cost of the bodily pain and emotional trauma that the at-fault driver has caused? Pain and suffering damages can help you in the aftermath of a bad accident.

Can Pain and Suffering Damages Exceed Economic Damages?

Yes. For serious accidents, personal injury lawyers are more likely to use a higher pain and suffering calculator. That means that in most cases, there will be a higher amount for pain and suffering damages than for financial costs.

Why Should I Hire a Personal Injury Lawyer?

Most accident victims have no idea what they’re entitled to when it comes to pain and suffering. While they may expect to be reimbursed somehow, they are unaware of the payment calculator or the per diem method. Additionally, calculating pain damages depends heavily on understanding your injuries.

An injury attorney can recommend specialists for your medical treatment who can not only diagnose your condition but also make it understandable when their medical advice is presented as evidence.

How Can I Afford a Personal Injury Lawyer?

Most Georgia personal injury attorneys, including Henningsen Injury Attorneys, P.C., work on a contingency fee basis, meaning:

• No upfront costs
• No fees unless your case is successful

In many cases, attorneys increase the total settlement amount, meaning you recover more even after legal fees.

This way, the plaintiff gets more money for their expenses and pain and suffering even after the attorney recovers their fees. The alternative of accepting a settlement without representation means that the insurance company will be calculating pain and suffering. This probably won’t work out as well for you.

Atlanta Personal Injury Attorneys Ready to Help

If you’ve been injured in a car accident, slip and fall, or any other incident, you may be entitled to compensation for both financial losses and pain and suffering.

Contact Henningsen Injury Attorneys, P.C. today for a free consultation. Our Atlanta personal injury lawyers will guide you through every step of the process and fight for the compensation you deserve.