Victims who sustain amputation injuries, brain injuries, burn injuries, and other injuries due to medical malpractice often suffer extensive pain and suffering. Thankfully, these victims are entitled to recover compensation for their pain and suffering damages. Since these damages can be highly subjective, assigning a specific dollar value to them can be challenging.
Keep reading below to learn the most common methods for calculating the value of pain and suffering damages.
Calculating the Value of Pain and Suffering Damages
Because pain and suffering is subjective, there’s no single formula required by Georgia law. However, lawyers and insurers often use the multiplier method or a per diem approach to estimate a reasonable range for settlement discussions.
There are two common ways to calculate pain and suffering damages:
Multiplier Method
The most common way to calculate pain and suffering damages is known as the multiplier method. When using this method, a multiplier (usually between 1.5 and 5) is assigned to your case. The more severe your injuries, the higher the multiplier will be.
A multiplier of five is typically reserved for cases involving catastrophic and life-altering injuries. Once the multiplier is assigned, it is then multiplied by the value of the economic damages in the case. The result is the value of pain and suffering damages that may be available in your case.
It can be helpful to look at an example. Suppose you are injured due to medical malpractice, and you suffer moderate injuries. The multiplier assigned to your case is three, and you sustained $30,000 in economic damages because of your injuries. In this case, the value of your pain and suffering damages would be approximately $90,000.
Per Diem Method
The per diem method is another way to calculate the value of pain and suffering damages. This method is not as common, but it is still used in some cases. When using the per diem method, a daily value is assigned to your claim based on the severity of your injuries. This daily value is then multiplied by the number of days it took you to reach maximum medical improvement.
For instance, the daily value assigned to your medical malpractice claim is $500, and it took you 100 days to reach maximum medical improvement. In this situation, your pain and suffering damages would be worth approximately $50,000.
Factors Affecting Pain and Suffering Damages
As you can see, calculating the value of pain and suffering damages is not an exact science. There is no “one size fits all” formula that can be used to determine the value of these damages. Instead, you must evaluate all the relevant factors in your case to determine how much your pain and suffering damages may be worth.
Some of the factors that must be considered and that can affect the value of your pain and suffering damages include:
- The severity of your injuries
- The length of your recovery
- Your age and health prior to the incident
- Permanent scarring or disfigurement
- Impact on daily life
- Emotional trauma
An experienced personal injury lawyer can help you gather the evidence necessary to maximize the value of your claim.
Evidence Used to Prove Pain and Suffering Damages
You will need strong evidence to support your claim for pain and suffering damages. The more evidence you have in your favor, the more likely you are to recover compensation for your pain and suffering. Strong evidence is also more likely to support a claim for higher value damages.
Some common types of evidence needed to support your claim include:
- Medical records
- Doctor’s notes
- Your own testimony
- Testimony from friends or family members
- Expert witnesses
- Counseling or mental health records
A pain journal can also be a great way to support your claim for pain and suffering damages. In your journal, you can keep detailed records about your daily activities and the level of pain you are experiencing. This type of evidence can be crucial in proving your case and securing all the compensation you are entitled to for your pain and suffering.
Contact The Moses Firm Today for a Free Consultation With Our Atlanta Medical Malpractice Lawyers
If you are going through pain and suffering because of medical malpractice in Atlanta, contact the experienced team at The Moses Firm at (404) 721-1050 today. Our Atlanta medical malpractice lawyers can help you accurately calculate the value of your pain and suffering damages. We will handle every detail of your claim for you while you focus on your recovery.