How Are Pain and Suffering Damages Calculated in Oklahoma?

Clayton T. Hasbrook

Written by Clayton T. Hasbrook. Last modified on June 9, 2024

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What are pain and suffering damages?

Pain and suffering damages are a type of non-economic damages that compensate an injured party for the physical pain, emotional distress, and mental anguish they experience as a result of their injuries. These damages acknowledge the significant impact an injury can have on a person’s quality of life and overall well-being.

How do pain and suffering damages differ from economic damages?

Economic damages, such as medical expenses and lost wages, are tangible losses that can be easily calculated using bills, receipts, and other financial documents. In contrast, pain and suffering damages are subjective and do not have a fixed monetary value. They are based on the unique circumstances of each case and the individual’s experience of pain and suffering.

Factors Affecting Pain and Suffering Damages

What factors can increase the value of pain and suffering damages?

Several factors can influence the value of pain and suffering damages, including:

  • The severity and duration of the injury
  • The impact of the injury on the victim’s daily life and relationships
  • The presence of permanent disabilities, disfigurement, or scarring
  • The level of pain associated with the injury and its treatment
  • The development of mental health conditions, such as depression or post-traumatic stress disorder (PTSD)
  • The inability to return to work or engage in previous activities

How does the severity of the injury impact pain and suffering compensation?

The severity of the injury is a significant factor in determining compensation for pain and suffering. Catastrophic injuries, such as traumatic brain injuriesspinal cord injuries, or severe burns, often result in higher pain and suffering awards due to their long-lasting and life-altering consequences.

Methods for Calculating Pain and Suffering Damages

What is the multiplier method for calculating pain and suffering damages?

The multiplier method is a common approach used to calculate pain and suffering damages. In this method, the total economic damages (medical expenses and lost wages) are multiplied by a number, typically between 1.5 and 5, depending on the severity of the injury and other factors. The multiplier is chosen based on the specific circumstances of the case, with higher multipliers used for more severe injuries.

How does the per diem method work in determining pain and suffering compensation?

The per diem method involves assigning a daily rate for pain and suffering and multiplying it by the number of days the victim experiences pain and suffering. The daily rate is often based on the victim’s daily wage or a reasonable amount determined by the attorney and insurance company. This method can be less common than the multiplier method.

How do insurance companies typically approach pain and suffering compensation?

Insurance companies often try to settle claims quickly and for the lowest amount possible. They may argue for lower multipliers or dispute the severity of the injury to reduce pain and suffering compensation. It is essential for injured parties to have experienced legal representation to negotiate with insurance companies and ensure fair compensation.

The Importance of Experienced Legal Representation

Why is it crucial to have an experienced personal injury lawyer when seeking pain and suffering damages?

An experienced personal injury lawyer has the knowledge and skills necessary to accurately assess the value of pain and suffering damages and build a strong case on behalf of the injured party. They can gather evidence, consult with medical experts, and negotiate with insurance companies to maximize compensation for their clients.

How can a skilled attorney help maximize pain and suffering compensation?

A skilled attorney can help maximize pain and suffering compensation by:

  • Thoroughly investigating the case and gathering evidence to support the claim
  • Consulting with medical experts to establish the severity and long-term impact of the injury
  • Crafting a compelling narrative that effectively communicates the victim’s pain and suffering
  • Negotiating aggressively with insurance companies to secure a fair settlement
  • Representing the client in court, if necessary, to fight for maximum compensation

Oklahoma Laws and Regulations Regarding Pain and Suffering Damages

Are there caps on pain and suffering damages?Are there any caps or limitations on pain and suffering damages in Oklahoma?

As of 2019, Oklahoma no longer has a cap on non-economic damages, including pain and suffering. The Oklahoma Supreme Court ruled that the previous $350,000 cap on non-economic damages was unconstitutional in the case of Beason v. I.E. Miller Services, Inc.

How do Oklahoma’s comparative fault laws affect pain and suffering compensation?

Oklahoma follows a modified comparative fault rule, which means that an injured party’s compensation may be reduced if they are found to be partially at fault for the incident. If the injured party is found to be 50% or more at fault, they are be barred from recovering any damages, including pain and suffering compensation (23 O.S. § 13).

Proving Pain and Suffering Damages in Court

What types of evidence can be used to support a claim for pain and suffering damages?

Evidence that can be used to support a claim for pain and suffering damages includes:

  • Medical records and expert testimony from treating physicians
  • Photographs of injuries and scarring
  • Personal journals or diaries documenting the victim’s pain and emotional distress
  • Testimony from family members, friends, or co-workers about the impact of the injury on the victim’s life
  • Psychological evaluations and testimony from mental health professionals

How can expert testimony strengthen a case for pain and suffering compensation?

Expert testimony from medical professionals, mental health experts, and vocational specialists can provide valuable insight into the extent of the victim’s pain and suffering. These experts can explain the long-term impact of the injury on the victim’s physical and mental health, as well as their ability to work and engage in daily activities. This testimony can help substantiate the victim’s claim for pain and suffering damages and justify a higher compensation amount.

Seek the Help of an Experienced Oklahoma Personal Injury Lawyer

Calculating pain and suffering damages in Oklahoma can be a complex process that requires a thorough understanding of the factors that influence these awards and the methods used to determine their value. To ensure fair compensation for your pain and suffering, it is crucial to seek the guidance of an experienced personal injury lawyer.

Don’t let the complexities of calculating pain and suffering damages overwhelm you. Contact Hasbrook & Hasbrook today at (405) 605-2426 for a free consultation, and let us help you pursue the compensation you need to focus on your recovery and well-being.

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This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partner, Clayton T. Hasbrook who has years of legal experience as a personal injury lawyer. Our last modified date shows when this page was last reviewed.