How to Calculate Pain and Suffering

pain and suffering

If you’ve suffered a serious injury due to someone’s careless behavior, you are surely feeling overwhelmed right now. You might have received a mountain of bills from the medical providers that have treated your injuries. You might not be able to pay those bills because you’ve been unable to work since the accident that injured you. You might be experiencing intolerable physical, psychological, and emotional pain and suffering.

Perhaps, you’ve been harmed in a head-on collision caused by a drunk driver. Your injuries make it impossible for you to play basketball, a sport that’s been one of the great joys in your life since you were a young child. As a result, you suffer immense depression, you binge eat, and you become addicted to pain medications. All of those negative consequences constitute pain and suffering damages.

If you’ve been injured in a personal injury accident in the Atlanta metropolitan area, it is in your best interest to reach out to Allen & Scofield Injury Lawyers, LLC and consult a highly skilled personal injury lawyer. Call (404) 419-6674 or contact us online to ensure that your rights are protected. We offer free, initial consultations and are only paid when you recover compensation.

How to Calculate Pain and Suffering

Pain and suffering damages are subjective, non-economic damages. They are determined in Georgia by the “enlightened conscience of impartial jurors,” which simply means that jurors can choose whatever number that they feel is fair to award. Jurors can consider the following factors when evaluating how much to compensate an accident victim for his or her pain and suffering:

  • Interference with the everyday life
  • Interference with enjoyment of life
  • The inability to work and make a living
  • Past and future pain
  • Past and future mental anguish
  • An impairment of health and vigor

How to Prove Pain and Suffering

Pain and suffering damages are proven through testimony (usually from the victim and his or her friends and family), as well as through images (such as x-rays, surgical animations, photographs, and videos demonstrating what a typical day is like for an accident victim). Friends, family members, or other individuals that have known the victim for a long time before the accident can explain how they believe the injuries have permanently altered the victim’s life. For instance, the victim’ spouse might explain that prior to the victim’s injury, the victim lived a productive, active life and now the victim is unable to do so and are coping with emotional pain. Treating doctors and other medical professionals can provide valuable testimony as well. The jurors will review that evidence and determine the fair value to award for a victim’s pain and suffering.

While many states place a cap on the amount of damages that may be awarded for pain and suffering in a personal injury case, Georgia, fortunately, does not.

Our Personal Injury Lawyers are Here to Help

At Allen & Scofield Injury Lawyers, LLC, we know that a serious injury after an accident can make your life tremendously difficult. We dedicate ourselves to obtaining full compensation for all of our clients’ damages, including pain and suffering.

We can help you calculate the fair measure of your pain and suffering and prove it to a jury at trial. Call us at (404) 419-6674 today or online to set up a free consultation.



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