In a car accident case, the value of physical pain and emotional suffering can be difficult to determine. While medical bills are clear and easy to calculate, determining how much pain and suffering is worth requires more nuanced approaches. “Pain and suffering” refers to the physical and emotional distress caused by an accident, and it is a recognized category of non-economic damages in personal injury law.
Insurance companies often use methods like the multiplier or per diem methods to calculate these damages. However, an attorney can help fight for a fair valuation to ensure you receive maximum compensation. At Hasbrook & Hasbrook, we are experienced Oklahoma car accident lawyers dedicated to maximizing your compensation for all your damages.
What is Considered “Pain and Suffering”?
Pain and suffering in a car accident case go beyond just physical injuries. It includes a wide range of emotional and mental impacts on your life caused by the accident. This legal term covers the distress experienced as a result of physical injury, mental anguish, and the loss of enjoyment of life. If you’ve been in a car crash, you might be experiencing a combination of these effects. Whether it’s chronic pain from a broken bone or emotional distress from the trauma of the accident, these are all considered pain and suffering damages.
Physical Pain and Discomfort
When you’re injured in a car accident, physical pain is one of the first things you’ll experience. Broken bones, soft tissue injuries, and nerve damage are just a few examples of injuries that cause intense discomfort. The level of pain may vary depending on the severity of the injury, but no matter what, it contributes to the overall pain and suffering in your case. Doctors, medical professionals, and physical therapy costs can all help establish the extent of this discomfort. Whether it’s constant pain from a neck injury or the pain from a broken bone, these physical ailments are factored into your total damages.
Emotional Distress and Mental Anguish
Emotional pain is just as important as physical injuries in calculating pain and suffering. Accidents can lead to significant emotional distress, which can affect your mental health. Symptoms like anxiety, depression, and PTSD are common in accident victims. The trauma experienced from the crash, including the fear, stress, and emotional scars, is all considered emotional distress. This can have long-lasting effects on your well-being and daily life. Insurance adjusters will take this into account, but your lawyer may need to bring in mental health experts to help validate the severity of these emotional injuries.
Loss of Enjoyment of Life
Another important aspect of pain and suffering is the loss of enjoyment of life. After an accident, you might find it difficult to participate in activities you once loved. Whether it’s playing sports, hiking, or even simple daily tasks like cleaning or cooking, these impacts can drastically affect your quality of life. In some cases, a permanent injury can prevent you from returning to your normal lifestyle. The emotional toll from these changes, including the loss of hobbies or career, will be considered when calculating your total pain and suffering damages.
By addressing physical pain, emotional distress, and loss of enjoyment, personal injury lawyers can build a strong case for your pain and suffering damages. Whether through the multiplier method or the per diem method, these factors all play a role in the amount of compensation you can recover.
The Multiplier Method:
When insurance companies assess pain and suffering claims, they often start with the multiplier method. This formula uses your economic damages, such as medical expenses, lost wages, and property damage, to determine the value of your non-economic damages like pain and emotional distress. The multiplier typically ranges from 1.5x to 5x, depending on the severity of your injuries and other factors. This method helps convert your measurable losses into a dollar amount for the emotional and physical impact of your injuries. At Hasbrook & Hasbrook, we are experienced personal injury attorneys who know how to use this formula to fight for the maximum compensation for our clients.
How the Multiplier is Applied (1.5x to 5x)
The multiplier applied to your case depends on the severity of the injury, the level of pain, and the emotional distress you experience. For mild injuries, like a minor neck pain or soft tissue injury, the multiplier may be closer to 1.5x. For severe injuries, such as brain injuries or catastrophic injuries, the multiplier could go up to 5x or even higher. Your medical records and expert witness testimony will play an important role in determining the right multiplier.
Factors That Increase the Multiplier
Several factors can increase the multiplier and raise your pain and suffering claim value. These include:
- Severe injury: Injuries that cause long-term or permanent damage, like broken bones or nerve damage, will increase the multiplier.
- Long recovery time: The longer it takes for you to recover, the higher the multiplier might be.
- Future pain: If your injury will cause ongoing pain and require future medical treatment, the multiplier may increase to reflect future damages.
These factors help set the dollar figure for your pain and suffering damages.
The Per Diem Method
The per diem method is another approach for calculating pain and suffering damages. This method assigns a daily rate to the pain and suffering you experience from the day of the accident until you reach maximum medical improvement. It’s less commonly used but can be effective when the duration of pain is clear. This approach is often used in more straightforward cases with limited injuries, but it may not be suitable for complex personal injury lawsuits. If you have been through a traumatic accident, this method might not capture the full scope of your suffering.
Calculating a Daily Rate
To calculate your daily rate, personal injury attorneys often consider factors such as:
- Your daily wage or income.
- The emotional and physical impact of your injury.
- The severity of your injury.
For example, if you earn $200 a day and the injury leads to 30 days of pain, the daily rate would be $200, and the total pain and suffering value would be $6,000.
Limitations of the Per Diem Approach
While the per diem method is straightforward, it has limitations. It doesn’t take into account the long-term impact of severe injuries or emotional distress. For people with life-altering injuries or permanent disabilities, the multiplier method may be a better option. This method also does not consider future pain and suffering that could arise after the recovery date or maximum medical improvement.
Key Factors That Influence Your Pain and Suffering Value
The value of your pain and suffering claim is not the same for everyone. It’s based on your individual situation, and several factors can influence how much compensation you receive. These factors significantly impact the final calculation and the settlement offer from insurance companies. Working with experienced personal injury attorneys, like those at Hasbrook & Hasbrook, is key to ensuring that your claim includes all relevant factors for maximum compensation.
Severity and Permanency of Your Injuries
The severity of your injuries plays a huge role in calculating pain and suffering damages. Severe injuries, like broken bones, brain injuries, or catastrophic injuries, often lead to long-term pain, emotional suffering, and medical expenses. If your injuries will cause lifelong pain or permanent impairment, your pain and suffering claim will likely be higher. Severe injuries often result in higher settlements, and the impact on your life will be a key factor in settlement negotiations.
Impact on Daily Life and Routines
Another important factor is how your injury affects your daily life. If your injury prevents you from performing normal activities—like going to work, caring for your family, or enjoying hobbies—it can significantly raise your pain and suffering claim. The more your lifestyle is impacted, the higher your damages for loss of enjoyment of life and emotional distress. Injuries that affect your ability to interact with your family or perform household chores can also increase your claim’s value.
The Clarity of Liability and Evidence
The clarity of fault is a crucial factor in determining the value of your claim. If the fault driver is clearly liable and you have strong medical evidence, such as photographs of injuries or expert witness testimony, your claim will likely be stronger. Insurance adjusters will evaluate the evidence, including medical bills, receipts, and the clarity of the negligent party’s actions, when making settlement offers. If liability is in question or comparative fault is an issue, it may lower the final settlement offer, but an experienced attorney can help protect your rights and ensure you receive fair compensation.
By considering these factors, we at Hasbrook & Hasbrook ensure that all aspects of your pain and suffering are accounted for in your personal injury claim. We fight to get you the maximum recovery for your medical expenses, lost wages, and non-economic damages like emotional pain and suffering.
The Importance of Documentation for Your Claim
When it comes to a personal injury claim, you cannot recover damages you cannot prove. To support your claim for pain and suffering, you need to provide thorough documentation. This documentation will serve as proof of the severity of your injuries, the emotional impact, and the effects on your daily life. Without the right evidence, it’s difficult to receive a fair settlement for pain and suffering. At Hasbrook & Hasbrook, we help our clients gather the necessary documentation to strengthen their personal injury claims and maximize their compensation.
Detailed Medical Records
Your medical records are one of the most important pieces of evidence in your pain and suffering claim. They show the extent of your accident injuries, treatment plans, and the costs associated with your recovery. Records such as hospital visits, physical therapy, and any surgeries related to the accident will be essential in proving your case. These documents are crucial for both economic and non-economic damages, including medical costs, lost wages, and emotional damage.
Maintaining a Personal Pain Journal
A personal pain journal can be a powerful tool for documenting the impact of your injuries on your daily life. It helps provide a clear picture of your physical and emotional suffering over time. Write down your pain levels, how your injuries affect your daily tasks, and any emotional distress you experience. This journal can serve as additional evidence in your settlement negotiations and is especially helpful for claims involving chronic pain, emotional distress, or future damages.
How Insurance Companies Calculate Pain and Suffering
Insurance companies often aim to minimize the payout for pain and suffering. They use various strategies, including software-based evaluations, to reduce the compensation offered to accident victims. Understanding these tactics is crucial, so you can avoid common pitfalls and protect your claim. Personal injury protection and settlements for pain can be more complex than they seem. At Hasbrook & Hasbrook, we work to ensure that the full extent of your pain and suffering is recognized in settlement negotiations.
Initial Software-Based Evaluations
Insurance companies often use software to calculate pain and suffering claims. This software is based on factors like medical expenses and the severity of injuries. However, these evaluations can be limited, and they often fail to account for the emotional impact or future pain. It’s important to remember that these initial evaluations might not reflect the true value of your damages. We help our clients navigate these evaluations to ensure they receive a fair settlement.
Common Arguments to Reduce Your Claim
Insurance adjusters may use several arguments to reduce your claim, including:
- Claiming the injury isn’t severe enough: They may argue that your injury is minor or that you are exaggerating the pain.
- Comparative fault: If the fault driver shares some responsibility, they may try to reduce your claim based on the percentage of blame.
- Lack of documentation: Without sufficient medical records or evidence, they may argue that your claim for damages is not supported.
These tactics can lead to a lower settlement offer. Having an attorney on your side ensures that these tactics do not devalue your claim.
Why an Attorney is Essential for Maximizing Compensation
Maximizing compensation for pain and suffering requires legal knowledge and negotiation skills. The process is often complicated, especially when dealing with insurance companies that use strategies to minimize payouts. An experienced attorney can guide you through the process and ensure that all aspects of your claim are accounted for. At Hasbrook & Hasbrook, we are committed to fighting for the maximum settlement for our clients.
Building a Powerful Case for Maximum Value
A skilled personal injury attorney can build a strong case by gathering detailed medical records, expert witness testimony, and personal accounts of your pain and suffering. We ensure that all factors are considered, including the severity of your injury, future pain, and the emotional toll on your family. Our goal is to present a comprehensive case to increase your chances of receiving a substantial award for your damages.
Negotiating with Insurance Adjusters
Negotiating with insurance adjusters requires experience and strategy. Insurance companies may try to offer you a low settlement to resolve the claim quickly. Personal injury attorneys are skilled in negotiation tactics and can ensure you don’t settle for less than what you deserve. We fight for fair compensation, including lost wages, medical costs, and non-economic damages like emotional distress and loss of enjoyment of life. With an experienced accident injury attorney at your side, you’ll have a better chance of securing the compensation you need to recover from your injuries.
Frequently Asked Questions (FAQs)
Is there a cap on pain and suffering in Oklahoma?
Oklahoma does not cap pain and suffering damages in most personal injury cases, allowing you to receive full compensation for your losses.
Can I calculate pain and suffering without a lawyer?
While online calculators exist, they are often inaccurate. An attorney can provide a more realistic valuation based on the specifics of your case.
Do pre-existing conditions affect my pain and suffering claim?
Yes, you can still recover damages if the accident aggravated a pre-existing condition, but this requires skilled legal handling to ensure you are properly compensated.
How do I prove emotional distress?
Proof can include therapy records, statements from family or friends, and a personal journal detailing your emotional and mental state after the accident.
What is the average payout for pain and suffering?
There is no true “average” payout for pain and suffering. The amount varies depending on the unique details and severity of each case.
How does Hasbrook & Hasbrook get paid?
We work on a contingency fee basis. You pay no attorney fees unless we win compensation for you.
Contact Our Personal Injury Attorney for a Free Case Evaluation
Calculating pain and suffering is a complex process that’s best handled by professionals. At Hasbrook & Hasbrook, our experienced personal injury lawyers know how to properly document, calculate, and fight for the full value of your non-economic damages. If you’ve been injured, we can help you recover compensation for your pain, suffering, and losses. Contact us today for a free consultation to discuss the details of your accident and injuries.
