Category: Understanding Personal Injury

When a person is injured in an accident, the person generally sustains damages. If another party caused the accident, the victim might be entitled to compensation for those damages. 

Examples of cases in which a person might recover compensation for damages include:

• Car accidents
• Motorcycle accidents
• Nursing home abuse cases
• Pedestrian accidents
• Premises liability cases
• Product liability claims
• Boating accidents
• Bicycle accidents

Damages in a personal injury case generally include financial damages and non-economic damages. The person may be entitled to punitive damages, although it is not common in most cases. Punitive damages “punish” the person who caused the injury for gross negligence and wrongdoing. 

Calculating Financial Damages in a Personal Injury Case

Financial damages are the economic losses incurred by the accident victim. Examples of financial damages include:

• Medical bills and cost of treatment
• Personal care and in-home health care
• Help with household chores
• Loss of wages, salary, and benefits
• Decreases in earning potential
• Travel expenses
• Legal costs

The value of financial damages is the actual cost of an item or financial loss. Unfortunately, calculating non-economic losses is more complicated.

Calculating Non-Economic Damages in a Personal Injury Case

“Pain and suffering” is the term used to describe non-economic damages. Under personal injury laws, a victim can receive compensation for the pain and suffering caused by the accident. 

Examples of pain and suffering damages include, but are not limited to:

• Physical pain
• Emotional distress, including anxiety, PTSD, and depression
• Mental anguish
• Scarring and disfigurement
• Disabilities and impairments
• Loss of enjoyment of life or quality of life
• Loss of consortium (loss of relationships with others, including spousal intimacy)

Valuing pain and suffering is challenging because a person’s experience after a car accident is unique and subjective. Each person experiences injuries differently. The same injury could cause one person great pain and distress, but another person may only suffer minor pain and inconvenience. 

Because there is not a “bill” or “invoice” for calculating pain and suffering, insurance companies consider several factors when valuing pain and suffering damages:

• The type and severity of injuries the person sustained
• The overall discomfort and pain associated with those types of injuries
• The duration of the recovery
• How the injury impacted the person’s daily life, including personal relationships, work, activities, etc.
• The types of medical care required to treat the injuries
• Whether the person sustained a permanent impairment or disability that requires ongoing care and treatment

Other factors may be considered when valuing pain and suffering damages based on the facts and circumstances of the case. Unfortunately, there is not a standard formula prescribed by law to calculate pain and suffering.

Multiplier Method vs. Per Diem Method

Many insurance companies use one of two methods for calculating pain and suffering damages.

Multiplier Method

The multiplier method uses the total cost of repairing the injuries (medical bills) as a basis for the value of pain and suffering damages. 

Depending on the above pain and suffering factors, the insurance company assigns a number for pain and suffering damages, usually between 1.5 and 5. Traumatic injuries, lengthy recoveries, and permanent impairments generally result in a higher multiplier. 

Pain and suffering damages equal your total medical expenses multiplied by the number. For example, if your total medical bills equal $50,000, and the multiplier is two, your pain and suffering damages would be worth $100,000.

An insurance company fights to keep the multiplier as low as possible. Your personal injury lawyer builds a strong case to argue for a higher multiplier based on the above pain and suffering factors.

Per Diem Method

The per diem method is used in some cases to calculate pain and suffering damages. The per diem method involves assigning a daily rate for pain and suffering. 

The value of your pain and suffering damages is the per diem multiplied by the total number of days between the date of injury and the date your doctor states you have reached maximum medical improvement. Maximum medical improvement is the point at which no further medical treatment will improve your condition. 

The above pain and suffering factors are the basis for the per diem amount. Cases involving catastrophic injuries and disabilities usually have a higher per diem rate.

Working With a Personal Injury Lawyer

An insurance company has one goal – avoid paying large injury claims. Therefore, the claims adjuster is going to fight to keep the value of your pain and suffering damages as low as possible. Because pain and suffering are subjective, it can be easy for an insurance company to claim that a person is exaggerating.

Attorneys who handle personal injury cases understand how insurance companies calculate pain and suffering. They understand which factors can increase the multiplier or the per diem rate. They also know how to use medical evidence in a case to maximize the figures.

If you believe the settlement offer is low, it is a good idea to speak with a lawyer before accepting the offer. Once you settle your injury claim, you cannot pursue legal action for more money, even if you discover your damages are worth much more than the insurance company paid to settle the claim.

People injured by another person or party may be entitled to compensation for losses and damages

such as pain and suffering. Filing an injury claim is the first step in receiving compensation. Most personal injury claims actually settle without filing a lawsuit.

If a party refuses to negotiate a fair settlement, it may be necessary to work with a personal injury lawyer to discuss filing a lawsuit. Understanding the personal injury lawsuit process in Atlanta, GA can be helpful, especially if you are nervous or worried about how lawsuits work.

The personal injury lawsuit process in Atlanta, GA varies slightly, depending on the type of case and the facts of the case. However, there are common steps that are the same in all lawsuits.

1. Locate a Personal Injury Attorney

It is usually a good idea to contact a personal injury attorney as soon as possible after an accident. An Atlanta personal injury lawyer investigates the accident to gather and preserve evidence proving fault and liability. These are two essential legal requirements to receive compensation for an injury claim.

Choose an attorney who handles personal injury claims. You want someone with experience handling cases like your case. You also want someone who understands the local court system and who is familiar with the judges and court staff.

According to Stephen Hasner, a personal injury lawyer in Atlanta and founder of Hasner Law, “You may need to interview several attorneys to find an attorney who meets your needs. Look for an attorney who communicates effectively, including answering your questions and listening to you. Make sure that you understand the fee agreement before retaining the law firm.”

2. Accident Investigations 

After you hire a law firm, the lawyer begins an accident investigation. An accident investigation may involve several steps. Some steps your attorney may take while investigating your injury claim include, but are not limited to:

• Interviewing eyewitnesses
• Obtaining copies of police reports and accident reports
• Searching for videos of the accident, such as traffic cameras, eyewitness videos, etc.
• Requesting and reviewing your medical records
• Visiting the accident scene and gathering physical evidence
• Working with your medical providers to obtain detailed diagnosis and prognosis
• Retain professionals such as accident reconstructionists, medical experts, and investigators, if necessary
• Researching and analyzing application statutes and case law

3. Preparing and Filing a Lawsuit

After conducting a thorough investigation, your lawyer prepares the required court documents to begin the personal injury lawsuit. Attorneys attempt to settle claims without filing lawsuits whenever possible to save time and money.

A lawsuit begins by filing a complaint. Generally, complaints are filed in the county in which the person being sued resides. The complaint details the nature of the legal dispute. It contains details of the accident and the legal basis for holding the party responsible for the accident responsible for your damages.

The complaint is served on all defendants (the parties being sued) with a summons. The summons directs the parties to file a response or answer within a specified period. 

If a party fails to respond to the lawsuit, your attorney files a motion with the court asking for a default judgment. The court sets a hearing date. In most cases, the court grants a judgment if you present facts proving that the defendant is responsible for your injuries and damages.

If the party responds to the complaint, the lawsuit proceeds to the discovery phase.

4. Discovery Phase

The discovery phase is used to gain additional evidence and information you can use to prove your case. Each party has the opportunity to use several discovery tools to gather evidence.

Common discovery tools used by parties to a lawsuit include:

• Depositions — Interviews conducted under oath.
• Request to Produce — Written questions asking for documents and information related to the case.
• Interrogatories — Written questions that a party must answer under oath.
• Request for Admissions — Written statements that a party must admit or deny.

The exchange of evidence is a way to gain additional information to build a case against the other party. Your attorney may continue to consult with various experts during the discovery phase. The discovery phase can take several months or a year to complete, depending on the complexity of the case. 

5. Pre-Trial Motions

Attorneys may file one or more pre-trial motions to resolve issues before trial. An attorney may file a motion to dismiss if he believes that you do not have sufficient evidence to prove your case. Your attorney may file a motion for summary judgment asking for an immediate ruling based on the evidence already presented.

Both attorneys may file motions to keep certain evidence out of the trial or prevent witnesses from providing particular testimony. The motions filed depend on the circumstances of the case.

6. Negotiations

The parties continue to negotiate during the preparation for trial. After the other party reviews the evidence your attorney has gathered, the party may be more willing to settle the matter before trial. 

A settlement of the personal injury lawsuit may be reached at any point before the jury decides the case.

7. Trial

The case proceeds to trial if the parties do not reach a settlement. During a trial, both parties present witnesses and evidence that supports the parties’ allegations. 

After the presentation of all evidence, the judge instructs the jurors regarding the applicable law and provides instructions for deliberations. The jury considers the evidence presented during the trial and returns a verdict.

Either party can file an appeal if the party disagrees with the outcome of the case. An appeal can take months to years to complete.