How much should I ask for pain and suffering from an accident in Acworth, GA?
Acworth, GA - Georgia averages over 300,000 car accidents per year. In 2020, there were more than 330,000 crashes, resulting in 1,730 fatalities and 125,000 people injured, some of them catastrophically. Most crashes are caused by human error. Not bad weather, poor road conditions, or defective parts. It’s negligent drivers who are responsible for all these crashes and they need to pay for that. The big question is how much money should you ask for your injuries and the misery they caused you.
If you were in a serious crash, this is something you should discuss with an experienced car accident lawyer in Acworth. Never trust what the insurance adjuster tells you as they work for the company that must pay your damages.
What to do after a car accident in Acworth?
After a car crash or any other type of accident caused by negligence, you must file a personal injury claim to recover damages. Even if the driver that hit you is facing reckless driving charges, that’s a criminal trial. To seek compensation, you must first file an insurance claim and then a civil lawsuit if the insurer doesn’t offer you a fair settlement.
What falls under pain and suffering damages?
In a personal injury claim, you are entitled to economic and non-economic damages. The economic damages part is fairly easy to calculate as they include all your medical expenses and lost wages.
Non-economic damages refer to the pain and suffering you went through since the accident. You can recover damages for both mental and physical suffering. As these are intangible losses, only seasoned Georgia accident lawyers can tell you how to make the most of your legal rights.
For instance, you should keep a pain diary, in written or video form. Talk about the level of pain you’re experiencing and how this impacts your life. Your lawyers will need this sort of proof to show either the insurance adjuster or the jury that you’ve suffered a lot. At the same time, your friends and family can testify about your daily struggles.
Loss of enjoyment in life is another factor. If you become incapacitated for an extended period, you’ll be forced to miss out on many things you used to enjoy. You won’t be able to play ball with your kid, go on a hike with your friends, or go jogging, and it may also affect your sex life.
If you’re struggling with anxiety or depression, don’t hesitate to see a mental health expert. A therapist can also testify about the mental anguish the accident caused you.
How are pain and suffering damages calculated in Georgia?
In Georgia, there is no cap on pain and suffering damages, but that doesn’t mean you can just walk in and ask for $1 million. The amount you get depends on the severity of your injuries, and, of course, on your lawyers' skills in building a convincing case.
Both insurance companies and courts use the so-called multiplier method to calculate non-economic damages.
The total value of your economic damages is multiplied by a factor between 1 and 5. If you sustained a minor injury that healed in a couple of weeks, they’ll probably assign you a low multiplier, like 1. On the other hand, a serious injury that keeps you bedridden for three months might deserve a factor 3.
No matter how much money you get, the good news is that non-economic damages for an accident injury are not taxable.
