What Are Pain and Suffering Damages?
Under Georgia law, “pain and suffering” encompasses:
- Physical pain — the actual bodily pain from your injuries and treatment
- Emotional distress — anxiety, depression, PTSD, fear, and mental anguish
- Loss of enjoyment of life — activities, hobbies, and daily pleasures you can no longer do
- Loss of consortium — impact on your relationship with your spouse or family
How Pain and Suffering Is Calculated in Georgia
Georgia does not use a statutory formula. There is no multiplier written into law. But in practice, insurance companies use internal formulas:
The Multiplier Method: They multiply your medical bills (special damages) by a factor of 1.5x to 5x, depending on severity. Minor soft tissue = 1.5x. Catastrophic injury = 3-5x. The problem: their multiplier is always at the bottom of the range.
The Per Diem Method: They assign a daily dollar amount to your pain and multiply by the number of days you were affected. The problem: they use the lowest daily rate they can justify.
Our Approach: We don’t rely on insurance company formulas. We build a comprehensive pain and suffering case using medical evidence, treatment records, mental health documentation, personal journals, and testimony from you and your family about how the injuries have changed your life.
What Georgia Courts Consider
- Severity and permanence of injuries
- Duration and intensity of pain
- Impact on daily activities and quality of life
- Emotional and psychological effects
- Age and health of the victim before the injury
- Credibility and documentation of the claimed suffering
Important Georgia Law
No Cap on Compensatory Damages: Georgia does not cap pain and suffering damages in most personal injury cases (the prior cap was struck down as unconstitutional).
O.C.G.A. § 51-12-4: Provides for “general damages” which include pain and suffering as an element of compensatory damages.
Comparative Fault Reduction: Your pain and suffering award is reduced by your percentage of fault under O.C.G.A. § 51-12-33.
