After an accident, most people understand they can pursue compensation for medical bills and lost wages. But one of the most complex and important parts of a personal injury case in Georgia involves pain and suffering — the non-economic damages that reflect the physical pain, emotional distress, and loss of enjoyment of life that follow an injury.
At Burnside Law Firm LLP, with offices in Augusta and Athens, our attorneys have decades of experience helping Georgia clients recover both financial and emotional justice. Understanding how pain and suffering is calculated — and how to prove it — is key to obtaining the full value of your claim.
What Is “Pain and Suffering” Under Georgia Law?
“Pain and suffering” is a broad legal term used to describe the non-economic impact of an injury — things that can’t be measured in exact dollars, but still profoundly affect a person’s life.
Under O.C.G.A. § 51-12-6, Georgia law allows injury victims to recover damages for physical pain, mental anguish, and loss of quality of life. These may include:
- Physical pain and discomfort (chronic pain, mobility loss, nerve damage)
- Emotional distress (anxiety, fear, depression, or PTSD)
- Loss of enjoyment of life (inability to engage in hobbies, sports, or family activities)
- Disfigurement or scarring
- Loss of companionship or consortium
Unlike medical expenses or lost income, there’s no single formula that automatically determines how much these damages are worth. Instead, it depends on the severity of the injury, its long-term effects, and how it alters a person’s daily life.
Methods Used to Calculate Pain and Suffering in Georgia
1. The Multiplier Method
This is one of the most common approaches used by insurance companies and attorneys.
- The total economic damages (medical bills, lost wages, etc.) are multiplied by a number between 1.5 and 5, depending on the severity of the injury.
- Minor injuries may use a lower multiplier, while catastrophic injuries or permanent disabilities use a higher one.
Example: A car accident victim in Augusta incurs $40,000 in medical expenses and lost wages. If their injuries cause long-term pain and limited mobility, a multiplier of 3 may apply, resulting in $120,000 for pain and suffering.
2. The Per Diem Method
The “per diem” (Latin for “per day”) approach assigns a daily value to the victim’s pain and applies it over the recovery period.
Example: A worker injured at a construction site in Evans takes 200 days to recover. If the daily pain value is set at $200, the total for pain and suffering would be $40,000.
Courts and insurers often use both methods as references, but ultimately, the credibility of your evidence and testimony carries the most weight.
What Evidence Helps Prove Pain and Suffering
While pain and suffering are subjective, documentation is essential. At Burnside Law Firm LLP, our attorneys build cases with strong, detailed proof such as:
- Medical records showing diagnosis, treatment, and long-term prognosis
- Testimony from medical professionals and therapists
- Photographs documenting visible injuries or scarring
- Journal entries describing pain levels, emotional changes, and daily limitations
- Statements from family, friends, or coworkers describing the effect on your lifestyle
For example, if you sustained a back injury from a rear-end collision on Bobby Jones Expressway and can no longer participate in recreational golf or yardwork, we highlight that loss to show how your life was altered beyond physical pain alone.
Factors That Influence the Amount Awarded
Georgia juries — or insurance adjusters — consider several elements when determining pain and suffering compensation:
- Severity and permanence of the injury: A broken arm may heal in months, but nerve damage or paralysis can last a lifetime.
- Length and invasiveness of medical treatment: Long hospital stays, surgeries, or therapy strengthen claims for higher damages.
- Impact on daily life: Inability to work, sleep disturbances, or loss of family interaction all factor in.
- Comparative fault: If you were partially at fault for the accident, your recovery can be reduced proportionally (per Georgia’s modified comparative fault rule).
- Credibility and consistency: Honest, well-documented evidence carries far more weight than exaggerated claims.
Emotional Distress and Mental Anguish: The Invisible Injuries
While physical pain is often easier to prove, emotional suffering can be equally debilitating.
Many victims in Augusta experience anxiety driving again after a crash, insomnia, or depression following disfigurement.
Georgia courts recognize these invisible injuries and allow damages for mental anguish under O.C.G.A. § 51-12-6. However, psychological testimony and consistent documentation from counselors or therapists greatly improve the credibility of such claims.
At Burnside Law Firm LLP, our attorneys work with mental health professionals to help juries and insurers fully understand the depth of emotional pain experienced by our clients.
Why Burnside Law Firm LLP Is the Firm Georgia Trusts for Fair Compensation
Determining pain and suffering requires more than formulas — it requires storytelling, evidence, and experience.
At Burnside Law Firm LLP, our attorneys know how to translate the impact of an injury into a compelling legal argument. We’ve represented Georgia clients in cases ranging from motor vehicle accidents and medical malpractice to catastrophic injuries and wrongful death.
Award-Winning Representation
- Thomas R. Burnside III – Best Lawyers in America, Georgia Super Lawyers, Georgia Trend’s Legal Elite, Top 100 Trial Lawyers, and former City Attorney of Harlem, GA.
- Garon Muller – Super Lawyers 2021-2023, Avvo Client’s Choice Award, and Augusta Metro Chamber “Top Ten in Ten” Award for leadership and community impact.
- Robert MacGregor – Licensed in Georgia and South Carolina, former Public Defender in the Augusta Judicial Circuit, known for his trial strength and client focus.
- Ashton Revollo – Graduate of Emory University School of Law, member of the Georgia Trial Lawyers Association LEAD Program, and advocate for injured clients across the Aiken–Augusta region.
Strategic Advocacy, Compassionate Care
Our firm combines in-depth knowledge of Georgia personal injury law with compassion for our clients’ recovery. We don’t just handle cases — we restore lives disrupted by negligence.
Frequently Asked Questions About Pain and Suffering in Georgia
Q: Is there a limit on pain and suffering damages in Georgia?
A: No. Georgia does not cap non-economic damages in most personal injury cases (caps were struck down as unconstitutional in 2010).
Q: Can I recover pain and suffering if my injuries are minor?
A: Yes. Even minor injuries causing short-term pain or emotional stress can qualify for compensation, though amounts will vary.
Q: How do you prove emotional distress?
A: Through medical documentation, therapist notes, and witness testimony showing how the injury affected your mental well-being.
Q: Does insurance automatically include pain and suffering in a settlement?
A: No. Insurers often undervalue or exclude these damages unless your attorney substantiates them with strong evidence.
Q: How long does it take to resolve a claim involving pain and suffering?
A: Most cases settle within 6 to 18 months, though serious injury claims requiring long-term treatment may take longer.
Takeaway: Your Pain Has Real Value — Make Sure It’s Recognized
Pain and suffering are more than numbers on a page — they represent the human cost of someone else’s negligence. Don’t let an insurance company decide what your story is worth.
At Burnside Law Firm LLP, our attorneys help injury victims across Augusta, Athens, Evans, Martinez, and beyond pursue the full measure of justice they deserve. From initial consultation to final settlement or verdict, we fight to ensure your physical and emotional suffering is recognized and fairly compensated. Serving Augusta, Athens, Evans, Martinez, and surrounding Georgia communities — Burnside Law Firm LLP helps clients transform pain into purpose through strategic, compassionate legal representation.
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