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    • Scott Pryor
      Scott Pryor

      Attorney at Law - Scott is a member of the State Bar of Georgia and is listed in the top 1% of trial attorneys in the nation by the Litigator Awards. He is also a member of Super Lawyers, National Trial Lawyers, the Georgia Trial Lawyers Association—Champion Level and sits on the Communications Committee of GTLA, and the Multi-Million Dollar Advocates Forum.

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    • James MacLelland
      James MacLelland

      COO - James has 25 years of experience building productive teams, scalable processes, and profitable businesses.  Immediately prior to joining The Scott Pryor Law Group, as COO of a national law firm, James built and operated one of the largest legal intake teams in the country. Guiding a team of 70 individuals running 24/7 and 365 days a year they successfully marketed, retained, and onboarded over 200 new clients to the firm daily, achieving a pace and capacity of over 50,000 new clients annually. 

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    • Philip Lorenz
      Philip Lorenz

      Attorney at Law - Philip W. (“Phil”) Lorenz is a seasoned trial attorney, Phil has tried, mediated, or facilitated settlement of tens of millions of dollars in claims and lawsuits over the course of his career.

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    • Paul Dietrick
      Paul Dietrick

      Attorney at Law - Paul A. Dietrick has practiced civil trial law for over forty years, in State and Federal Courts, and Georgia Appellate Courts. Paul is a zealous guardian of the rights of those injured by the negligence and carelessness of others. Paul’s clients have recovered millions of dollars in settlements and verdicts.

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    • Jocelyn Galloway
      Jocelyn Galloway

      Attorney at Law - Jocelyn Galloway is an attorney with over a decade of experience and a legal process innovator who has dedicated her career to protecting the rights of plaintiffs against large corporations.

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    • Angie Hemmings
      Angie Hemmings

      Client Experience Manager - Angie joined The Scott Pryor Law Group and quickly made her mark on the Firm. Her previous employment on staff at a local church prepared Angie for her current role in client relations and marketing. Meeting prospective clients, checking in regularly with current clients, and staying in touch with former clients are what Angie is passionate about. She wants you to know that you and your family are important to her.

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    • Rhonda Anzaldua
      Rhonda Anzaldua

      Marketing Manager - Rhonda brings over 20 years of customer service and hospitality experience to the marketing and intake team. She is passionate about providing our clients with an outstanding experience from the very first day, and prides herself in her ability to be straightforward and honest but also able to empathize and offer comfort in the difficult conversations.

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    • Steve Ware
      Steve Ware

      Senior Case Manager

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      Meet Everyone

      Click on "Read More" to meet our full team!

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    When a loved one is killed because of another's negligence, it is important to hold them responsible...
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    Allow us to fight for you after a serious injury has occurred in order to recover compensation and aid in the recovery process.
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    A quick moment in time, a sudden slamming of the brakes, or a loud blare of a horn can be all the time you have to prepare yourself in the event of a car accident.
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    According to the National Highway Traffic Safety Administration (NHTSA), the number one leading...
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    Motorcycle accidents often involve catastrophic injuries, such as a head or spinal cord injury because the driver...
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    To hold a negligent property owner or business responsible for the damage they have caused, contact us today.
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    Bicycle accidents often involve catastrophic or deadly injuries because of the difference in size between a bicycle...
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    Children are our pride and joy, and we do everything we can to protect them. That’s why it is even more devastating...
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    A faulty construction machine that destroys your property, undisclosed side effects in over-the-counter medication, a poorly designed toy...
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    If you have been injured at work, your employer should pay for your medical treatment. While employers and insurance companies...
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    Slips and falls can result in surprisingly serious injuries. Even otherwise healthy people can suffer from severe harm due to a simple fall.
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    Any accident on or near the water—whether on a dock, between two boats, or resulting from a collision with swimmers—could result in...
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How Are Pain and Suffering Calculated in Georgia?

What Kinds of Damages Can You Recover Through a Personal Injury Claim?

If you have never been involved in a personal injury claim before, you might be surprised to learn that there are a lot of different damages that you could recover. Most people assume that they are going to be compensated for their injuries and the property damage they suffered, but that is really just scratching the surface when it comes to recoverable damages.

In Georgia, there are special damages, general damages, and punitive damages.

Special damages include medical expenses, property damage, and lost wages. For example, say you broke your arm in a car accident and so can’t work until you are mended. The accident did property damage to your car, your injury has racked up a tidy medical bill, and you are losing out on wages you should have been making. Note that all of these are economic damages, which means that they can be calculated with solid numbers (the final amount being the respective bills added together).

Then there are general damages. These are best thought of as non-economic damages because there is not any solid number that can be used to calculate them. Pain and suffering, anxiety and depression, disfigurement, diminished quality of life, loss of a loved one, physical impairment, and permanent disability are all general damages.

Finally, there are punitive damages. These are additional damages that may be awarded in cases where the other party exercised malice or committed fraud. These are designed to punish the relevant negative behavior.

How Do Non-Economic Damages Work?

Since non-economic damages aren’t directly linked to a monetary value, it can be quite difficult to determine how much you should try to recover. What makes it even harder to determine is the simple fact that each and every accident is unique. While many accidents may be similar, no two are exactly the same, and this has to be taken into account when discussing non-economic damages.

For example, say your motorcycle accident has made it so you suffer from incredible anxiety when in a vehicle or even walking along the sidewalk. This anxiety is crippling for your day-to-day life; after all, it means that every trip to work is now nerve-wracking. But what is that worth? How do you attribute economic value to something that is non-economic?

The answer is: it depends. Different non-economic damages are calculated in different ways. When it comes to pain and suffering, there are two ways that they may be calculated in Georgia: the multiplier method and the per diem method. We’ll be looking at each of these methods in a moment.

First, however, it is worth noting some of the factors that go into calculating non-economic damages as a whole (rather than just pain and suffering):

  • The amount of time it will take to recover from your injuries
  • The level of fear, anxiety, or depression that you are suffering from because of the accident or your injuries
  • How much your injuries interfere with your enjoyment of life
  • How much of an impact your injuries have on your ability to achieve your daily activities
  • Whether you suffered permanent disfigurement, disability, or impairments.
  • If you can return to work or not
  • How severe the injuries are
  • The level of pain you are suffering due to your injuries

These vary from case to case. For example, somebody that works from home on the computer will suffer less of an impact from a broken leg than somebody that works as a security guard.

What Is the Multiplier Method for Calculating Pain and Suffering?

The multiplier method is the more common of the two ways of calculating pain and suffering. The idea is that your medical bills can point out the level of pain and suffering to be expected. So to calculate your pain and suffering, this method determines a multiplier and uses your medical bills to come up with a dollar amount.

However, this is also quite complicated. The multiplier used will be based on those factors that we discussed in the previous section. The more you are affected by those factors, the greater the multiplier will be.

Multipliers tend to be between 1.5 and 5. Say you are greatly impacted by your accident, so the multiplier decided upon is 4. With $100,000 in medical bills, you would then ask for $400,000 for pain and suffering. This formula would be simply $100,000 x 4.

What Is the Per Diem Method for Calculating Pain and Suffering?

This approach is similar to the last, but instead, it focuses on the length of time between your injury and your doctor releasing you. Again, an amount is decided upon based on the factors we previously discussed. This is the per diem amount, and it will be higher for more severe injuries. Similarly, more severe injuries also result in more days passing before your doctor releases you.

Once the per diem amount is determined, $250 for our example, this number is then multiplied by the number of days you needed to recover. Say your injury required six months of treatment before your doctor released you, or roughly 180 days.

To calculate pain and suffering in this case, the formula would be 180 x $250. In this case, your pain and suffering would be calculated at $45,000.

Do I Need an Attorney to Calculate Pain and Suffering?

No, you can calculate your pain and suffering on your own. However, you shouldn’t represent yourself in a personal injury lawsuit. You may use the proper methods to calculate pain and suffering, but the other party is going to do their best to poke holes in your argument and reduce the amount of compensation you can receive.

Working with an attorney is always recommended because an attorney will be prepared for arguments of this nature by gathering evidence to prove your pain and suffering is real. The calculation of pain and suffering is simple math; it is the fight in the court to prove your math is correct where an attorney’s help will really be needed. If you’ve been injured, reach out to a personal injury attorney today to start building a compelling lawsuit.

6185 Crooked Creek Rd NW
Ste. H
Peachtree Corners, GA 30092
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FAX: (678) 302-9366