When you’ve been injured in a car accident in Oklahoma City, you may be entitled to compensation for your losses, including pain and suffering damages. These damages are intended to compensate you for the physical discomfort and emotional distress you’ve experienced due to the accident.
Understanding Pain and Suffering Damages
Pain and suffering damages are a type of non-economic damages that are awarded to compensate accident victims for the physical pain and emotional distress they’ve experienced due to their injuries. These damages are separate from economic damages, such as medical expenses and lost wages, intended to compensate for quantifiable financial losses.
In Oklahoma, personal injury law recognizes the right to compensation for economic and non-economic losses. While economic damages cover tangible losses like medical bills and lost wages, non-economic damages address intangible losses such as pain and suffering. Pain and suffering encompass physical discomfort and emotional distress resulting from an injury.
What are some examples of physical pain and suffering after a car accident?
Physical pain and suffering can include a wide range of symptoms and conditions, such as:
- Broken bones, lacerations, burns, and other injuries causing physical discomfort
- Chronic pain, headaches, and ongoing medical issues resulting from the accident
- Limitations on daily activities and mobility due to pain
How can emotional distress impact a person’s life after a car accident?
Emotional distress can take many forms and have a significant impact on an accident victim’s quality of life. Some common examples include:
- Anxiety, depression, and post-traumatic stress disorder (PTSD)
- Fear of driving or riding in vehicles
- Difficulty sleeping, concentrating, and performing daily tasks
- Strained relationships with family and friends
Are pain and suffering damages available in all Oklahoma City car accident cases?
Generally, pain and suffering damages are available in Oklahoma City car accident cases if another party’s negligence caused the accident. However, the extent of damages depends on factors such as the severity of injuries and the impact on the victim’s daily life. Consulting with an experienced personal injury attorney can help determine how much your case is worth.
Legal Framework for Pain and Suffering Damages in Oklahoma
Definition and Types of Damages
Damages in personal injury cases are divided into two main categories:
- Economic Damages:
- Medical expenses (past and future)
- Lost wages and loss of earning capacity
- Property damage
- Non-economic Damages (Oklahoma Statutes Title 23 Section 61.2):
- Pain and suffering
- Emotional distress
- Loss of consortium
- Disfigurement and mental anguish
Methods for Calculating Pain and Suffering
There are two primary methods used to calculate pain and suffering damages:
- Multiplier Method:
- Total economic damages are multiplied by a factor (ranging from 1.5 to 5) based on the severity and impact of the injury. The outdated method was multiplying the “specials” (medical bills and lost income) by 3, but this went out of favor about 20 years ago. The main problem with using the same multiplier is that it completely ignores the injuries and treatment. Two claimants could have identical medical bill dollar amounts but completely different injuries and types of treatment. One of the claimants could even only have diagnostic work from going to an emergency room to ensure they were okay after the wreck.
- Per Diem Method:
- A daily rate is assigned to the victim’s pain and suffering, multiplied by how many days the victim is affected. Defense attorneys argue this “overpays” the plaintiff.
Factors That Influence Pain and Suffering Damages
Several factors can influence the amount of pain and suffering damages awarded in an Oklahoma City car accident case, including:
- Severity and duration of injuries
- Impact on daily life and activities
- Emotional trauma and mental anguish
- Future prognosis and potential for ongoing pain
The nature of the injury, the severity of the pain suffered, and the prognosis for future pain associated with the injury are all considered when determining pain and suffering damages.
How do courts determine the severity of a person’s injuries in a car accident case?
Courts (mainly juries) rely on various types of evidence to assess the severity of a person’s injuries, such as:
- Medical records, doctor’s testimony, and expert witness opinions
- The extent of treatment required and any long-term effects or disabilities
- The impact on the victim’s ability to work, perform daily activities, and enjoy life
Can a pre-existing condition affect pain and suffering damages in an Oklahoma City car accident claim?
Yes, a pre-existing condition can affect the damages awarded if the accident aggravates or worsens the condition. The insurance lawyer may argue that the pain and suffering are not entirely due to the accident. However, your attorney and testimony from your treating doctor can help demonstrate how the accident impacted the pre-existing condition.
Case Law and Statutory Caps in Oklahoma
In the case of Beason v. I.E. Miller Services, Inc., 441 P.3d 1107 (Okla. 2019), the Oklahoma Supreme Court declared the statutory cap on non-economic damages unconstitutional. This decision emphasizes the court’s stance on ensuring fair compensation for personal injury victims without arbitrary limits.
Calculating Pain and Suffering Damages in Oklahoma
The determination of pain and suffering damages is generally left to the discretion of the jury, which considers the evidence presented in each case. The Oklahoma Supreme Court has held that the amount of damages to be awarded for pain and suffering must be left to the judgment of the jury, subject only to corrections by the courts for abuse and passionate exercise (Tulsa City Lines v. Geiger, 1954, Okla., 275 P.2d 325).
Is there a cap on pain and suffering damages in Oklahoma City car accident cases?
Following the Oklahoma Supreme Court’s decision in Beason v. I.E. Miller Services, Inc., plaintiffs are no longer bound by the arbitrary statutory cap on non-economic damages in personal injury cases. This allows for potentially higher awards for pain and suffering based on the unique circumstances of each case. This is the correct result, as a cap of $350k for someone paralyzed by a wreckless company or defendant only benefits the insurance companies.
How can an attorney help maximize pain and suffering damages in a car accident claim?
An experienced personal injury attorney can help maximize pain and suffering damages by:
- Gathering compelling evidence, including medical records and expert testimony.
- Presenting a strong case that demonstrates the severity of the injuries and their impact on the victim’s life.
- Having “before” and “after” witnesses to support the plaintiff’s testimony.
- Negotiating with insurance companies and advocating for the client’s rights in court, if necessary.
- Insurance companies often wait to evaluate a case until the eve of the trial. This is one of the reasons why the answer to the “How long will a personal injury case take?” question varies so much.
Proving Pain and Suffering Damages: Medical Testimony Needed?
To successfully claim pain and suffering damages, it’s essential to provide strong evidence that demonstrates the extent of your injuries and their impact on your life. This evidence may include:
- Medical records and treatment history
- Documentation of the impact on daily life and activities
- Witness statements and expert opinions
In cases where the injury is objective and plainly apparent from the nature of the injury that the injured person must, of necessity, undergo pain and suffering in the future, the jury may infer that fact from proof of such an injury alone. Where the injury is subjective, to warrant a jury to return a verdict for future pain and suffering, expert evidence must be produced that the plaintiff, with reasonable certainty, will experience future pain and suffering as a result of the injury [Sloan v. Anderson, 1932, Okla., 160 Okla. 180; Shawnee-Tecumseh Traction Co. v. Griggs, 1915, Okla., 50 Okla. 566; Muskogee Electric Traction Co. v. Doss, 1916, Okla., 59 Okla. 234].
What types of medical records are most important for proving pain and suffering damages?
The most important medical records for proving pain and suffering damages include:
- Diagnostic tests, such as X-rays, MRIs, and CT scans
- Treatment records, including surgeries, medications, and therapy sessions
- Doctor’s notes detailing the extent of injuries, pain levels, and prognosis
- Mental health records, if applicable, to demonstrate emotional distress
- Testimony from the treating doctors
Can friends and family members provide testimony to support pain and suffering claims?
Witness statements from friends and family can be valuable in supporting pain and suffering claims. They can attest to the victim’s physical limitations, emotional state, and changes in behavior after the accident. This testimony can help paint a picture of the accident’s impact on the victim’s life.
Negotiating Pain and Suffering Damages with Insurance Companies
Insurance companies seek to minimize payouts as much as possible. Adjusters use formulas or calculators to determine pain and suffering damages and may downplay the severity of injuries or argue that the victim’s pain is exaggerated.
Victims may be pressured to accept low settlement offers without solid evidence and legal representation. Your attorney can present all of the helpful evidence and arguments to counter lowball offers and negotiate a fair settlement on your behalf. If a fair settlement cannot be reached through negotiation, litigation is the next step to secure the compensation you deserve.
If you or a loved one has been injured in a car accident in Oklahoma City, contact Hasbrook & Hasbrook at 405-605-2426 for a free consultation or visit our contact page. Let us put our experience, resources, and commitment to justice to work for you.