As we know pain and suffering is one of the components of a damages case in a car accident claim. The others are your medical expenses, your loss wages, future earning capacity issues, future medical expenses. Pain and suffering is often the biggest one to discuss in front of a jury and obviously throughout the litigation of your case with an insurance company but how do you calculate what your pain and suffering is worth? The truth of the matter is there is really no way to do it. All you have a right to in Georgia is a jury of six or 12 of your peers to tell you what your particular pain and suffering is worth. Remember its’ pain and suffering both past that you have already experienced, pain and suffering at the level that you’re currently experiencing and pain and suffering that you’re likely to experience in the future and for however long the witness typically treating physicians will testify you’re likely to suffer pain and suffering at a certain level. The jury has to decide what is that worth.
We have seen jurors take all kinds of different approaches in trials to try to determine what is the person’s pain and suffering wroth money wise. Oftentimes they take what your medical expenses are plus your future medical expenses and come up with some sort of number based off of that just for the pain and suffering part of the case. Obviously the whole exercise is the more treatment, the more issues that you are having, limitations that you’re having the higher your pain and suffering damages award is likely to be at trial for obvious reasons but again the truth of the matter is there is no calculation.
It’s not a scientific thing where you plug it in and boom it spits out a number here is what your pain and suffering is worth. It just simply comes from a lot of factors and we’re all, the adjusters, the defense lawyers, the plaintiff lawyers are making educated guesses as to what a jury is likely to do with the specific facts of your case as to an award for pain and suffering. That is how this works. That is what jury trials are all about is presenting your case to six to 12 jurors and let them tell you what your case is worth, what your pain and suffering is worth monetarily and we do that again through experience we can advise clients what we think is a likely outcome but it’s going to be a range because every case is unique and different but even the same case tried 10 different times to 10 different jury pools is going to come up with likely 10 completely different numbers which is a lot of these cases end up resolving before a trial because it’s such an unknown what a jury is going to do especially with pain and suffering damages. If you have any particular concerns about your case feel free to reach out to me. There is a contact form on there that you can fill out and we’ll reach out to you. The other is to call me directly. I’d be happy to speak to you. Phone number is 770-744-0890.