Calculating Pain and Suffering Damages in Car Accident Cases

While medical bills and lost wages are relatively straightforward to calculate after a car accident, calculating pain and suffering damages is more complex. These damages aim to compensate you for the physical pain, emotional distress, and diminished quality of life caused by your injuries. But how exactly are they calculated? Understanding how Oklahoma courts and insurance companies determine pain and suffering damages can help you better evaluate your case and ensure you receive fair compensation.

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What Is Pain and Suffering?

Pain and suffering are types of non-economic damages that are typically awarded in personal injury cases. Unlike economic damages such as medical expenses, which have a clear dollar amount, pain and suffering are subjective and vary widely depending on the facts of each case.

It generally includes:

• Physical pain from injuries
• Emotional trauma (such as anxiety, PTSD, or depression)
• Loss of enjoyment of life
• Loss of consortium (impact on family and relationships)
• Disfigurement or permanent disability

Methods of Calculating Pain and Suffering in Oklahoma

There is no fixed formula used by Oklahoma law to determine pain and suffering. However, courts and insurance companies commonly use two primary methods:

1. The Multiplier Method

This method adds up the injured person’s economic damages, such as medical bills and lost income, and multiplies that amount by a number typically between 1.5 and 5. The multiplier reflects the severity of the injury.

Example: If your economic damages total $20,000 and the multiplier is 3, your pain and suffering award might be $60,000.

Factors that influence the multiplier include the severity of the injury, recovery time, and the impact on daily life, among others.

2. The Per Diem Method

“Per diem” means “per day.” This approach assigns a daily dollar amount (such as $150 per day) for each day the victim suffers from the injury, starting from the date of the accident until they reach maximum recovery.

Example: If you experienced pain for 120 days at $150 per day, your pain and suffering award would be $18,000.

What Evidence Supports a Pain and Suffering Claim?

To justify your claim for pain and suffering, you need solid documentation. Helpful evidence includes:

• Medical records and doctors’ notes
• Testimony from your doctor or a therapist
• Photographs of injuries
• A personal pain journal
• Testimony from family and friends about how your life has changed
• Prescription history for pain or emotional distress

Are There Limits on Pain and Suffering Damages in Oklahoma?

Oklahoma law previously capped non-economic damages in most personal injury cases at $350,000. However, the Oklahoma Supreme Court struck down that cap in Beason v. I.E. Miller Services, Inc., ruling it unconstitutional. As a result, there is currently no cap on pain and suffering damages in car accident cases involving negligence.

However, there is a time limit in which you must submit your claim, known as the statute of limitations.

Tulsa Personal Injury Attorneys

If you’ve been injured in a car accident and are dealing with physical and emotional hardship, don’t leave compensation for pain and suffering to chance. An experienced Oklahoma personal injury lawyer can help you document your injuries, calculate a fair claim, negotiate with insurance companies, or take your case to court if necessary. For a free consultation with a Tulsa personal injury attorney, call Kania Law Office at 918.743.2233 or follow this link to ask a free online legal question.