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How are Pain and Suffering Determined in Car Accident Claims?

Home » FAQ » How are Pain and Suffering Determined in Car Accident Claims?

If involved in an accident and you didn’t cause it, you should seek damages. Through a car accident lawyer in Atlanta, you can ask for economic and non-economic damages for injuries sustained. Economic damages are easy to calculate. They include things like medical bills or lost income. Non-economic damages are where pain and suffering claims fall. These are less tangible and more difficult to prove and determine.

What is Pain and Suffering?

Pain and suffering is the emotional and physical stress caused by an accident and injuries sustained during the crash. When claiming pain and suffering damages you are asking for financial compensation for experiencing something you wouldn’t have otherwise. For minor accidents, it could be compensation for the inconvenience caused. In a serious accident, it could be compensation for going through agony. Actual damages may cover medical bills incurred to treat injuries sustained. That doesn’t cover the emotional pain of not being able to hold your grandchild because you lost your hands.

The compensation for pain and suffering is difficult to determine and there is no standard way to measure it.  However, the law says compensation should be fair and just according to the evidence provided for the claim. It is, therefore, crucial you get a good car accident attorney in Atlanta, GA. The attorney should be able to present your claim well before a jury or insurance company.  If they do a good job, the jury can sympathize with you and award compensation accordingly.

What a Car Accident Lawyer in Atlanta Will Tell You About Pain and Suffering Compensation


The insurance company of the driver at fault will likely pay you some pain and suffering compensation. The offer they come to you with at first is usually very low. That is why you need to talk to a car accident lawyer in Atlanta, GA. They will advise you on the maximum compensation to expect. Insurance companies recognize injured parties in a car accident deserve something for pain and inconvenience caused. When they decide to pay, they take several things into account to determine what to offer.

This includes:

  • The severity of the injuries sustained
  • The pain and discomfort caused by the injuries
  • The impact the injuries have caused on your life, relationships, job and so on
  • The cost of treatment for the type of injuries caused by the car accident
  • The period it will take for the injuries to heal.
  • The long-term care and future treatment like surgery, therapy, and medication that is required

After looking at these factors, the insurance company will calculate what to pay a car accident victim. The more severe your injuries, the more pain and suffering you will get. Someone who broke their ribs will be entitled to more compensation than a person who only sprained their leg. This makes sense because the more permanent and severe your injury, the more pain and suffering. There are no rules in place to govern these claims. People claiming pain and suffering can, therefore, overinflate what they ask for.

To arrive at the amount to be paid out, insurance companies do some multiplication. They take the amount of your medical bills and multiply it with a number between one and five. They could also use lost wages to do this calculation. This method for calculating pain and suffering is called the multiplier method. The more permanent the injuries, the higher the multiplier. It is just one of the ways an insurer can decide what to pay you. As already stated, there are no rules to go by. Insurance companies can have their own internal ways of settling claims.

If the case goes to trial you might get higher compensation. Juries tend to award large amounts of compensation for pain and suffering where injuries are severe.

As the claimant, you have to discuss estimated pain and suffering damages with your lawyer. Whatever calculation you arrive at should be justifiable to the insurance company or jury.

How Can A Car Accident Attorney In Atlanta Help You?

You may have been seriously injured in a car crash. The last thing you need is to be battling it out for compensation with an insurance company. To avoid this situation, get a car accident lawyer in Atlanta, GA to wrestle with the insurance company over your claim. At Bethune Law Firm we handle such claims all the time. Our car accident attorneys know what works for a pain and suffering claim and what doesn’t. To speed up your claim process, talk to one of our lawyers. You should do this immediately after your accident. The more time you take to file a claim, the higher the chance it will be denied. Consultations are free. Get in touch today.


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