$427,000 motorcycle accident verdict. $127,000 medical bills. $50,000 lost wages. $25,000 property damage. $225,000 pain and suffering.
How did the jury reach $225,000 for pain and suffering? Multiplier method: $202,000 economic damages × 1.11 = $224,220 non-economic, rounded to $225,000.
The math isn’t arbitrary. Georgia law recognizes two damage categories: economic (calculable with receipts) and non-economic (subjective valuation). Each has calculation methods, documentation requirements, and valuation factors that determine your recovery.
Understanding what you can recover – and how dollar amounts get calculated – is essential before settlement negotiations begin. Accept an offer without knowing your claim’s actual value, you leave money on the table. Demand without supporting your calculation, insurer dismisses you as unreasonable.
This guide explains economic vs non-economic damages, how each type gets valued, what factors increase or decrease amounts, what Georgia law doesn’t allow you to recover, and how to build documentation that supports your calculation.
Economic Damages: What Has a Receipt
Economic damages are losses with objective dollar values. These have receipts, bills, invoices, or expert-projected costs.
Past medical expenses:
Every medical bill from crash to settlement:
- Ambulance transport
- Emergency room
- Hospital admission
- Surgery
- ICU/recovery
- Follow-up appointments
- Physical therapy
- Medications
- Medical equipment (crutches, wheelchair, brace)
- Mental health treatment (PTSD counseling)
Include pending bills not yet received. If you had surgery 2 weeks ago, bill is coming. Count it.
Future medical expenses:
Treatment needed after settlement. This requires expert testimony – typically a life care planner who reviews medical records, consults with treating physicians, and projects lifetime medical needs.
Example projection:
- L4-L5 spinal fusion surgery needed: $80,000
- Annual pain management visits (10 years): $5,000/year × 10 = $50,000
- MRI monitoring every 2 years (lifetime): $2,000 × 15 scans = $30,000
- Medication costs (lifetime): $200/month × 360 months = $72,000
- Total future medical: $232,000
Costs are projected with medical inflation (typically 5-7% annually) and reduced to present value (money today is worth more than money 20 years from now).
Past wage loss:
Income lost due to crash. Calculation depends on employment type:
Hourly/salary employees:
- Hourly rate × hours missed
- Days missed × daily rate
- Include PTO/sick leave used (you depleted benefit you paid for)
Example: Electrician earning $30/hour, missed 6 weeks (240 hours) → $30 × 240 = $7,200
Self-employed:
- Business income reduction (compare pre-crash average to post-crash period)
- Lost contracts/clients due to inability to perform
- Tax returns show income drop
Example: Contractor averaging $8,000/month pre-crash, earned $2,000/month for 4 months post-crash → $6,000/month loss × 4 = $24,000
Commissioned sales:
- Lost commissions due to missed work
- Lost accounts due to inability to service
Example: Sales rep averaging $15,000/month commissions, missed 2 months → $30,000
Future lost earning capacity:
Permanent disability preventing return to pre-crash work. This requires vocational expert testimony.
Example: Pre-crash electrician earning $60,000/year. Hand injury prevents electrical work. Can perform desk work earning $40,000/year. Age 45, 20-year work life expectancy remaining.
Calculation: $20,000/year income reduction × 20 years = $400,000 gross loss. Present value discount applied (receiving payments over time, not lump sum) reduces to approximately $300,000-320,000.
Property damage:
Motorcycle:
- Fair market value before crash (Kelly Blue Book, comparable sales)
- Minus salvage value (what insurance company sells wrecked bike for)
- If repaired: repair costs + diminished value (bike worth less post-accident even when repaired)
Example: 2022 Harley Road King worth $22,000 before crash. Totaled. Salvage value $4,000. Recovery: $18,000.
Gear:
- Helmet: $400
- Jacket: $600
- Boots: $300
- Gloves: $150
- Total gear: $1,450
Out-of-pocket expenses:
Costs not covered elsewhere:
- Prescription co-pays
- Over-the-counter medications
- Medical device rentals
- Home modifications (wheelchair ramps, grab bars)
- Vehicle modifications (hand controls)
- Transportation to medical appointments (mileage at IRS rate or ride-share receipts)
- Childcare while attending appointments
Document everything. Small expenses add up. $20 co-pays × 50 appointments = $1,000.
Non-Economic Damages: Pain, Suffering, Scarring
Non-economic damages compensate for subjective losses – the harm that doesn’t have a receipt.
Pain and suffering:
Physical pain from injuries. This includes:
- Acute pain (immediate post-crash)
- Chronic pain (ongoing, permanent)
- Pain from surgeries and procedures
- Pain from physical therapy
- Medication side effects
Emotional distress:
Psychological impact:
- PTSD (flashbacks, nightmares, anxiety)
- Depression
- Anxiety about riding or driving
- Sleep disruption
- Relationship strain
Loss of enjoyment of life:
Activities you can no longer do or do with diminished capacity:
- Can’t ride motorcycles anymore (fear or physical limitation)
- Can’t play with kids (back injury prevents lifting)
- Can’t participate in hobbies (woodworking, hiking, sports)
- Can’t travel comfortably (sitting tolerance reduced)
Permanent disability:
Long-term or permanent functional limitation:
- Limp (leg injury)
- Reduced range of motion (shoulder, back)
- Strength loss (grip weakness, lifting limitation)
- Cognitive impairment (TBI)
- Chronic pain condition
Disfigurement and scarring:
Visible scars affecting appearance:
- Facial scars
- Road rash scars on arms, legs
- Surgical scars
- Amputation
- Deformity (crooked finger, sunken scar)
Visibility matters. Scars covered by normal clothing valued less than scars on face, neck, hands – areas always visible.
Loss of consortium:
Spouse’s separate claim for loss of companionship, affection, sexual relations. This is the spouse’s claim, not the injured rider’s, but it’s part of the total case value.
How Dollar Amounts Get Calculated
Economic damages are straightforward: add the receipts. Non-economic damages require methodology.
Multiplier method (most common):
Economic damages × multiplier = non-economic damages
Multiplier selection based on injury severity:
- Minor injuries (soft tissue, full recovery): 1.5-2x
- Moderate injuries (fractures, partial recovery): 2-3x
- Severe injuries (surgery, permanent disability): 3-4x
- Catastrophic injuries (paralysis, amputation, TBI): 4-5x
Example 1 – Moderate injury:
- Economic damages: $100,000
- Multiplier: 2.5x (broken leg, surgery, permanent limp)
- Non-economic damages: $100,000 × 2.5 = $250,000
- Total claim: $350,000
Example 2 – Severe injury:
- Economic damages: $300,000
- Multiplier: 4x (spinal fusion, chronic pain, disability)
- Non-economic damages: $300,000 × 4 = $1,200,000
- Total claim: $1,500,000
Per diem method (less common):
Daily rate × number of days in pain
Daily rate varies by severity: $100-300/day typical range
Example:
- Daily rate: $200/day (moderate chronic pain)
- Days from crash to settlement: 730 days (2 years)
- Non-economic damages: $200 × 730 = $146,000
Insurers resist per diem method in settlement negotiations. Juries sometimes use it in deliberations, but it’s not standardized.
Factors affecting valuation:
Injury permanence: Temporary injury (6 months recovery, full return to normal) valued less than permanent injury (chronic pain, lifelong limitation). Forever matters.
Age: Younger victim = longer life with disability = higher valuation. 25-year-old with permanent back injury suffers 50+ years. 65-year-old with same injury suffers 15 years.
Visibility: Facial scars, limps, amputations – injuries others see – valued higher than hidden injuries. Harsh but true. Juries react to visible suffering.
Impact on daily life: Severe injury with minimal life impact (broken arm, full recovery, no career change) valued less than moderate injury with major impact (knee injury forces career change from construction to desk work).
Occupation: Injury ending career (motorcyclist can’t ride professionally, surgeon can’t operate) valued higher than injury with minimal career impact (office worker with leg injury).
Pre-existing conditions: Insurance companies argue your disability existed before crash. Comparative medical records showing pre-crash function vs post-crash limitation counter this.
Future Medical and Lost Earning Capacity
Future damages are the most contested. These require expert testimony.
Life care planner:
Medical professional (usually registered nurse or vocational specialist) who:
- Reviews all medical records
- Consults treating physicians
- Projects future treatment needs
- Calculates costs over lifetime
- Accounts for medical inflation
Example report components:
- Future surgeries needed (date, cost)
- Post-op rehabilitation (duration, frequency, cost)
- Ongoing pain management (frequency, medication costs)
- Medical equipment needs (wheelchair replacement every 5 years)
- Monitoring tests (annual MRI, blood work)
Insurance companies hire their own life care planners who argue your needs are less. Competing expert battle.
Vocational expert:
Specialist who evaluates:
- Pre-crash earning capacity
- Post-crash earning capacity with limitations
- Transferable skills
- Labor market analysis (what jobs you can still perform)
- Wage differential
Example scenario:
- Pre-crash: Roofer, $70,000/year
- Injury: Back injury prevents roofing (lifting, ladder climbing, bending)
- Post-crash capacity: Desk job, $45,000/year
- Differential: $25,000/year
- Work life expectancy: 25 years
- Gross loss: $625,000
- Present value: ~$475,000 (discounted to present value)
Insurance companies argue you can earn more than expert projects. Defense vocational expert claims sedentary jobs pay $55,000, not $45,000. Another expert battle.
Economist:
Calculates present value of future payments. Money received over 25 years is worth less than lump sum today. Present value discount accounts for:
- Investment returns (money today can be invested, grow over time)
- Inflation (future dollars buy less than today’s dollars)
Typical discount rates: 2-5% annually.
Example: $500,000 paid over 25 years, discounted at 3% = ~$380,000 present value.
Punitive Damages (Rare But Possible)
Punitive damages punish egregious conduct. These are additional to compensatory damages (economic + non-economic).
When available:
Clear and convincing evidence of:
- Willful misconduct (defendant intended harm)
- Wanton conduct (defendant showed conscious disregard for safety)
- DUI with very high BAC (0.15+ often meets threshold)
- Intentional acts (road rage, assault with vehicle)
Not available for:
- Ordinary negligence (distracted driving, failure to yield)
- Moderate recklessness (excessive speed without DUI)
Amount caps:
Georgia caps punitive damages at $250,000 except when:
- Defendant intended harm
- Defendant was under influence (alcohol/drugs)
- Defendant committed specific felonies
When exceptions apply, no cap – jury decides amount.
Example: DUI driver (BAC 0.18) runs red light, hits motorcycle. Compensatory damages $400,000. Punitive damages $500,000 (no cap applies due to DUI). Total verdict: $900,000.
Punitive damages are uncommon. Most crashes are negligence, not willful/wanton conduct.
What Georgia Law Doesn’t Allow You to Recover
Medical bills paid by health insurance (collateral source rule):
You recover full medical bills even if health insurance paid portion. “Collateral source rule” prevents defendant from benefiting from your insurance.
Example: Medical bills $100,000. Your health insurance paid $70,000, you paid $30,000 out of pocket. You recover $100,000 from at-fault party, not just $30,000.
BUT: Your health insurer may have lien (right to reimbursement from settlement). If they paid $70,000, they may claim $70,000 from your settlement. Lien negotiation often reduces reimbursement amount.
Hedonic damages:
Some states allow “hedonic damages” – value of life enjoyment separate from pain and suffering. Georgia doesn’t recognize this as separate category. Loss of life enjoyment is part of pain and suffering, not standalone damages.
Future earnings beyond work life expectancy:
Vocational expert projects earnings until retirement age (typically 65-67). You can’t recover for income loss beyond typical work life, even if you planned to work longer.
Example: 55-year-old injured, plans to work until 75. Vocational expert calculates loss only to age 67 (standard retirement). Loss from 67-75 not recoverable.
Speculative future damages:
Future damages must be reasonably certain. “I might need surgery someday” doesn’t qualify without medical opinion stating surgery is probable.
Punitive damages in most cases:
As noted above, punitive damages require willful/wanton conduct. Standard negligence doesn’t qualify.
Attorney fees:
Georgia follows “American Rule” – each side pays own attorney fees. You can’t recover your attorney fees as damages. Your attorney is paid from your settlement/verdict (typically 33-40% contingency).
Exception: If defendant acted in bad faith or case involves specific statutory violations, some statutes allow fee recovery. This is narrow.
Building Your Damages File
Documentation determines what you recover.
Medical:
- Keep every bill, every explanation of benefits (EOB), every receipt
- Track mileage to appointments
- Journal pain levels daily (scale 1-10, what activities affected)
- Photograph injuries (immediately, weekly during healing, final result showing permanent scarring)
Financial:
- Employer letters documenting missed work
- Tax returns (self-employed)
- Business records showing income reduction
- Property damage estimates (multiple quotes)
- Every out-of-pocket receipt (parking, co-pays, OTC meds)
Life impact:
- Journal: “Today couldn’t lift my daughter (back pain). Couldn’t sleep (pain). Canceled camping trip (can’t sit long enough to drive).”
- Before/after photos: riding photos pre-crash, inability to ride post-crash
- Activity logs: what you used to do vs what you can do now
Expert foundation:
- Treating physician notes documenting permanence
- Physical therapy records showing progress plateau (indicates permanent limitation)
- Mental health records documenting PTSD, depression
- Vocational assessment if career change forced
The more documentation, the higher the recovery. “I’m in pain” without proof gets minimal compensation. Daily journal + medical records + permanent disability rating + life impact photos gets full valuation.
Georgia damages framework: Economic (receipts + expert projections) + Non-economic (multiplier method, typically 1.5-5x based on severity) = Total claim value. Future damages require expert testimony (life care planner, vocational expert, economist). Punitive damages available for willful/wanton conduct but rare. Collateral source rule allows recovery of full medical bills even when insurance paid portion.
Negotiation fights over: (1) Which future medical is reasonable, (2) Multiplier selection, (3) Permanence of disability, (4) Earning capacity post-injury. Build evidence file assuming every element will be contested. Document everything. Journal daily impact. Obtain expert opinions early. The stronger your documentation, the less dispute over valuation.
Disclaimer: This article provides general information about Georgia motorcycle accident law and is not legal advice. Every case is different. Consult a qualified Georgia motorcycle accident attorney to discuss your specific situation. Nothing in this article creates an attorney-client relationship.