How Is Pain and Suffering Calculated in Georgia and South Carolina?
While both Georgia and South Carolina consider the same basic factors when calculating pain and suffering damages—the severity of injuries, duration of treatment, and impact on earning potential, to name a few—there are a handful of nuanced differences between the states that can impact your claim.
For example, in Georgia, there are no caps on pain and suffering damages. This means there’s no legal limit on the amount of compensation a plaintiff can receive for pain and suffering in a personal injury case.
However, in South Carolina, the state imposes caps on non-economic damages in certain cases. Medical malpractice cases and cases involving government entities have caps, while most other types of personal injury cases do not.
Why do these differences matter for injury victims in the Augusta-Aiken area? Victims in Georgia may recover higher amounts for pain and suffering, which means Georgia personal injury attorneys will often focus more on maximizing these types of damages. If an injury occurred near the state border, this is another factor that may impact your settlement.
Our experienced team at M. Austin Jackson Injury Attorneys is here to walk through what you need to know.
Methods Used to Calculate Pain and Suffering
There are two main methods used to calculate pain and suffering damages in personal injury cases: the Multiplier Method and the Per Diem Method.
These methods can be a helpful starting point, but an experienced personal injury attorney can provide a more accurate estimate of compensation. Unlike online calculators, which rely on generic calculations, your attorney can consider the specific facts of your case.
The Multiplier Method
The Multiplier Method is a common approach to calculating pain and suffering damages, especially in Georgia. It involves multiplying the total economic damages by a factor ranging from 1.5 to 5.
The multiplier depends on the severity of the injuries and other case-specific factors, including:
- The at-fault party’s degree of fault
- The severity of your injuries
- The duration of your recovery
- The extent to which you can fully recover
- Documented proof of pain and suffering
Let’s consider an example. Imagine a man who is struck by a negligent driver while biking to work one morning. He sustains severe injuries, including multiple fractures, internal bleeding, and a traumatic brain injury. In addition to significant medical expenses and lost wages, he experiences debilitating pain and emotional distress, and his quality of life is significantly reduced.
His economic damages total $152,000. Given the severity and long-term impact of his injuries, a multiplier of 3 is assigned. His pain and suffering damages would amount to $456,000.
Calculation:
$152,000 x 3 = $456,000
Because this method reduces the complexity of pain and suffering into a simplistic formula, we don’t find this to be an effective method to reflect the pain and suffering one experiences from an injury.
The Per Diem Method
The Per Diem Method is another common approach to calculating damages. An injured party’s attorney and insurance provider negotiate a daily rate to compensate the victim for their pain and suffering. This rate is then multiplied by the number of days the victim suffers.
Multiple factors determine the daily rate, including an injured party’s daily earnings, the severity of their injuries, and their impact on the victim’s daily life. Medical assessments and expert opinions may also influence the daily (or even hourly) rate. Daily rates can range wildly, depending on the severity of injuries. Some cases with moderate injuries may warrant a daily rate of $10-$50; more serious cases might warrant hundreds of dollars per day.
The Per Diem Method works best when the injured party’s recovery period is well-defined. If there’s a clear end date to their pain and suffering and the daily impact of the injury is consistent, damages are easier to calculate.
Here’s an example: A woman is injured because she tripped on an unpainted speed bump in a parking lot. Her injury causes chronic pain and limited mobility, and she’s unable to perform her job.
Economic damages for her injuries total $200,000. Since her injuries are severe and long-lasting, a per diem rate of $200 per day is assigned. If her pain and suffering last two years (730 days), her non-economic damages will amount to $146,000.
Calculation:
2 years x 365/year = 730 days
730 days x $200/day = $146,000
In this scenario, total economic and non-economic damages ($200,000 + $146,000) would result in a $346,000 settlement.
Lastly, the Per Diem method can work well if someone is going to suffer with an affliction for the remainder of his or her life. Your personal injury lawyer can use mortality tables to figure out life expectancy, subtract a client’s age, and then calculate damages based on a daily rate, which ensures that the victim’s compensation adequately reflects the scope of their suffering and reduced quality of life.
Factors That Impact Pain and Suffering Values
Pain and suffering damages are subjective and hard to quantify. This is why attorneys consider a variety of factors when assigning value.
- Severity of injuries: More severe injuries typically result in more compensation for an injured party’s pain and suffering. Someone who suffers a catastrophic injury like a spinal cord injury will receive more compensation than someone dealing with a minor sprain.
- Duration of treatment: Your length of recovery and long-term prognosis also factor into pain and suffering calculations. Some injuries require prolonged recovery periods and result in permanent disabilities, which warrant higher compensation.
- Required future care: Ongoing medical needs and future care requirements can significantly influence pain and suffering valuations. Long-term rehabilitation costs, surgeries, and assistive devices may negatively impact your life, increasing your compensation.
- Effect on daily activities: If your injuries prevent you from participating in the activities you once loved, this loss can increase compensation.
- Career implications: Earning capacity is an important consideration when calculating damages. The pain and suffering valuation is generally higher if your injuries leave you unable to work or reduce your earning potential.
- Family relationships: Injuries can take an emotional toll on a victim’s family dynamics, leading to anxiety, depression, or PTSD. Emotional distress can increase pain and suffering compensation.
Remember: The best way to learn what your case could be worth is to talk to a trusted personal injury lawyer with experience handling your type of accident and injuries.
What Counts as Pain and Suffering?
Pain and suffering include a wide range of physical and emotional impacts in Georgia and South Carolina. When calculating compensation, these factors often qualify as pain and suffering.
Physical Pain and Injuries
If you experience any physical pain as a direct result of your accident or injury, this qualifies as pain and suffering. Acute pain from fractures, lacerations, burns, or other traumatic injuries apply.
You may also have ongoing or persistent pain that develops as a result of your initial injury. Chronic pain conditions can worsen your pain and suffering and impact your quality of life or ability to work. Certain injuries can cause physical limitations or disabilities that lead to reduced mobility and loss of function. Others may require future surgeries or ongoing rehabilitation and increase the likelihood of degenerative conditions.
In Georgia and South Carolina, the severity and duration of your physical impacts will help determine your pain and suffering damages. The more severe your injuries and the longer it will take you to recover, the higher the compensation you’ll receive for your pain and suffering.
Emotional and Mental Suffering
Injuries can also have a major impact on an individual’s mental and emotional health, which shouldn’t be overlooked during the recovery process. However, there are some key differences in how Georgia and South Carolina qualify emotional and mental suffering damages. Contact our firm to discuss these key distinctions if you are suffering from mental or emotional distress following an injury!
Here’s an example: Imagine a loved one is involved in a truck accident, and they’re fortunate to walk away with no injuries. However, the accident takes a greater toll on their mental health—they experience crippling PTSD that prevents them from driving on the highway and complicates their commute to work.
Our lawyers will take this into account when pursuing compensation, ensuring that our client’s well-being is looked after—physically, mentally, and emotionally.
Building a Strong Pain and Suffering Claim
When building your pain and suffering claim, your attorney will gather several types of evidence to strengthen your case.
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- Medical records: Treatment records, test results, prescriptions, physical therapy reports, and mental health evaluations or therapy records can help establish the extent and duration of your injuries.
- Expert testimony: This may include testimony from medical specialists, pain management experts, psychologists, or vocational experts who can speak to your pain and suffering. Sometimes, our firm calls economists as expert witnesses in substantial cases as well.
- Witness statements: Those closest to the victim—family members, coworkers, and eyewitnesses—can provide compelling evidence.
- For example, we have had several traumatic brain injury cases in which our client’s brain scans didn’t show injury or impairment. However, family members noticed changes in our client, such as forgetfulness and mood swings, which were not present before the client’s incident/injury. We have used statements from the family to bolster our client’s case when scans were unable to prove injuries.
- Personal impact evidence: Your attorney can help you document the daily impact of your injuries through pain diaries, photos, videos, or a personal journal detailing your emotional struggles and lifestyle changes.
- State-specific documentation: Your attorney will also help you ensure evidence adheres to state-specific requirements.
How We Maximize Pain and Suffering Compensation
M. Austin Jackson Attorney at Law understands that not all pain is physical. For more than a decade, we’ve been advocating for our Georgia and South Carolina neighbors. We’ve helped them get full compensation for their damages, including less visible injuries.
As your attorney, we’ll document both the visible and non-visible aspects of your pain and suffering so you receive fair compensation. We’ll help you prove how your injuries impact your daily activities and show the emotional toll these injuries have taken on your life.
Our firm has secured many multi-million dollar settlements, but we’re equally ready to take on smaller cases to support our neighbors. We give every case the same level of dedication and compassion, whether your injuries are minor or severe, physical or emotional.
How M. Austin Jackson Can Help
Insurance companies often prioritize their interests over those of injury victims. We’ve seen them downplay the severity of a victim’s injuries, challenge emotional distress claims, and blame pre-existing conditions—all in an effort to undermine your claim.
M. Austin Jackson Attorney at Law has a proven track record of combatting lowball settlements. We use many strategies, including the Multiplier and Per Diem Methods, as well as others, to calculate fair compensation, and then aggressively negotiate with the insurance companies on your behalf.
We’re here to listen to your story and support you in your recovery. Contact us today for a free consultation.
FAQs About Pain and Suffering Claims
How do damage caps affect my SC case?
Damage caps do not affect pain and suffering compensation in most personal injury cases. But there are a few important exceptions.
For example, in medical malpractice cases, there are caps on damages that depend on the situation. In cases involving government entities or officials, the cap is $300,000 per person or $600,000 per occurrence.
Punitive damages in South Carolina are also capped at $500,000 or three times the amount of compensatory damages.
Which state’s laws apply to my case?
This depends on where your injury occurred and where all involved parties reside. Generally, the law of the state where the accident or injury took place will apply. However, if the involved parties are from different states, this creates a ‘conflict of laws’ situation.
Courts use specific rules to determine which law applies. When considering liability and damages, courts typically apply the law of the state where the injury occurred.
How long do I have to file in each state?
In Georgia, you have two years from the date of the injury to file a personal injury claim. In South Carolina, the statute of limitations for personal injury claims is usually three years from the date of injury.
What if I’m partially at fault?
Under Georgia’s comparative negligence rule, you may still be able to recover compensation if you’re less than 50% at fault for the accident. Your compensation may be reduced by your percentage of fault (e.g. If you’re 30% at fault and your total damages are $100,000, you would receive $70,000).
In South Carolina, the same rules apply, but the state uses a 51% bar rule. This means that while plaintiffs can recover damages if they are 50% or less at fault, they can’t recover damages if they are 51% or more at fault.
How does treatment choice affect my claim?
Seeking immediate medical treatment can help strengthen your claim, establishing a clear link between the accident and your injuries. The type of treatment you choose also matters. If you opt for traditional medical treatment from a licensed physician over alternative therapies like acupuncture or chiropractic care, you’ll likely receive higher compensation.
Following your treatment plan is critical. If your treatment is longer or more extensive, this will likely result in more pain and suffering damages. Any treatment that interferes with your daily activities or quality of life can also increase your compensation.
Can I switch doctors during treatment?
Some people decide to switch doctors during treatment, whether their doctor refers them to a specialist or they don’t see improvement after following a treatment plan. Keep in mind that if you switch doctors, your insurance company may accuse you of ‘doctor shopping’ and argue the change was unnecessary, refusing to cover new treatments.
It’s always a good idea to consult with an experienced personal injury attorney before changing doctors. Your attorney can help you ensure you have a medically necessary reason and maintain documentation of your care.
