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What Is Pain and Suffering and How Do You Arrive at a Dollar Figure?
In personal injury cases, pain and suffering refers to trauma and distress related to physical, mental, and emotional outcomes of an injury. These are typically not economic damages, meaning you can’t back them up with medical bills or other specific calculations. They go beyond the actual cost of medical treatment or the wages that you might lose if you can’t work.
Pain and suffering is typically divided into two categories:
- Physical pain and suffering refers to actual physical pain and the immediate and long-term suffering that it may cause. This includes future pain related to the injury as well as medical issues that might arise because of the injury.
- Emotional and psychological suffering refers to the impact the injury has on someone’s mental and emotional state. This might be reflected in anxiety and depression, for example, or a loss of enjoyment of life. Issues such as problems sleeping, fear and phobias associated with the trauma, or an impact on personal relationships may all be relevant to this type of pain and suffering.
Steps for Calculating Pain and Suffering
While Oklahoma tort law does allow individuals to seek compensation for pain and suffering, it does not provide a clear and specific rule for calculating this compensation. You can work with personal injury attorneys to understand how to arrive at a potential compensation amount for your injuries.
Evaluating the Severity of the Injury
Begin by evaluating the severity of the injury. How much you must go through to address the injury and how long it may impact you are important considerations in pain and suffering. If you need to undergo numerous surgeries over the course of a few years or the injury leaves you without the use of one of your arms for years, for example, these factors definitely impact how much physical pain you may feel.
Considering Emotional and Psychological Impact
Be open and honest with your attorney about the emotional and psychological impact of the injuries. This is not always an easy step to take, as it may be difficult to talk about these things or you may feel embarrassed about some of the emotions you are feeling or how your injuries have impacted your daily life or relationships. Good personal injury attorneys will offer compassion and support, though, and by revealing these details, you can help them build a better case for your compensation.
Documenting Treatment Needs and Costs
Documenting your treatment needs and costs is critical in seeking compensation for economic damages—those you can back up with receipts and specific calculations. However, this information can also be relevant to your pain and suffering claims. When you can show that your injuries are such that they require substantial medical intervention, you help create a narrative that supports claims of significant pain and suffering.
Factoring in Permanent Disability or Disfigurement
Consider whether the incident in question has left you permanently disabled or disfigured. Your personal injury legal team will likely calculate income loss related to these long-term issues, but they can also help you understand the potential impact on your mental health, relationships, and quality of life in the future.
Reviewing Similar Cases in the State
While every case is unique, understanding case law and similar cases in Oklahoma can help you get an idea of how much compensation you may be able to seek for your pain and suffering. Personal injury attorneys can help you understand how other cases might relate to yours and what types of outcomes you might expect in your case.
Applying Multiplier or Per Diem Methods of Calculation
Two common methods for arriving at pain and suffering compensation amounts are the multiplier and per diem methods.
The multiplier method involves coming up with a number between 1.5 and 5. This is a multiplier; you multiply your economic damages by this figure to arrive at a potential pain and suffering compensation amount. The more severe your injuries, the higher the multiplier. For example, say you are seeking $100,000 in economic damages. If your multiplier is 2, you might also seek $200,000 in pain and suffering damages.
The per diem method is typically used in cases that involve a shorter recovery period. For example, if you are expected to recover within nine months, you might arrive at a specific amount of pain and suffering compensation appropriate for a single day. Then, you would multiply that amount by 270 days. If the daily figure was $500, for instance, the total pain and suffering compensation you might seek would be $135,000.
Working With a Personal Injury Attorney
Personal injury claims can be complex, especially when they involve pain and suffering compensation. Working with an experienced personal injury team can help you enhance your chances of a successful outcome with these types of claims.
Personal injury is one of our practice areas. If you or a loved one is dealing with injuries sustained in a car accident or another incident that someone else might be liable for, contact Parsons, Graham & Day, LLC, to find out how we can help. Call us at 918-553-5771 to make an appointment today.
