How Are Damages for Pain and Suffering Determined in Oklahoma Personal Injury Cases?
If you were in an accident and the other driver was at fault, their insurance company is liable for paying for the injuries you sustained.
In addition to compensation for the physical injuries, you could also recover damages for the pain and suffering you endured in the aftermath of the accident. But you need the help of experienced personal injury lawyers in Tulsa to show you how to calculate the amount.
What is the Definition of Pain and Suffering Damages?
Pain and suffering describe the physical pain, mental anguish, and emotional distress you experience following an accident. For example, injuries to your spine could lead to ongoing daily pain that hinders you from living your routine life.
The more severe the effects of the injury on your lifestyle, the higher the settlement amount you may be entitled to in a lawsuit. Pain and suffering damages fall into two categories, namely economic and non-economic.
In Oklahoma, economic damages are those that comprise monetary harm and include:
- Emergency treatment
- Medical expenses
- Lost wages
- Lost earning capacity
- Physical therapy and rehabilitation costs
Non-economic damages entail non-monetary damages that impact your life and well-being after an accident. The following are the types of non-economic damages under Oklahoma Statutes:
- Loss of consortium, care, companionship, assistance, intimacy, protection, education, training, counsel, advice
- Mental anguish
- Emotional distress
- Disfigurement and scarring
- Any other intangible loss
Life can become very challenging after sustaining all these losses, so you should have skilled Christian car accident lawyers in Tulsa to help you pursue compensation. They have the knowledge and skills to evaluate the extent of your damages and calculate a fair compensation amount.
What Are the Methods of Calculating the Value of Non-Economic Damages
Calculating the value of economic damages is easy because it sums up the total financial losses. Your Christian car accident lawyers in Tulsa will gather all your medical bills, receipts, invoices, and evidence of loss of income to determine the value of your economic damages.
However, calculating the value of non-economic damages is complex. That’s because a person’s pain and suffering are subjective, even if they sustain the same injuries as someone else in the accident. Besides, there are no bills, receipts, or invoices to place a value on the pain and suffering damages.
There’s also no formula to calculate pain and suffering, but Tulsa Christian personal injury attorneys consider various factors to place a value on the damages.
Factors That Impact the Value of Pain and Suffering Damages
Factors that can increase the amount you can recover in pain and suffering damages include the following:
- Higher values for financial losses
- Longer recovery periods
- Disfigurement or scarring
- Sustaining catastrophic injuries or permanent disabilities
- The extent of the injuries
- Higher pain levels associated with a specific injury or condition
- Inability to return to work
- The extent of the injury’s interference with your life and relationships
- Whether you develop mental and emotional disorders due to the injuries, such as depression and post-traumatic stress disorder
To cater to all these factors, attorneys and insurance companies often use one of two standard procedures to arrive at a settlement amount:
The Multiplier Method
Most lawyers and insurance adjusters use the multiplier method in calculating the amount to award in pain and suffering damages. The approach entails adding all the “special damages” and multiplying the sum by a given multiplier between 1.5 and 5. A multiplier of 3 is often the most commonly used.
Special damages refer to any economic losses that are easy to calculate, such as medical bills, property damages, or lost wages. In picking a multiplier, your Christian car accident attorney in Tulsa will consider several factors depending on your case circumstances. It’s advisable to have an experienced Oklahoma accident attorney to help you get the maximum compensation you deserve.
The Per Diem Method
The alternative to the multiplier method is the “per diem” method, which is Latin for “per day.” The technique aims at demanding a specific amount for each day you experience pain and suffering due to the accident’s impact.
A potential drawback of using the method is justifying a daily rate. Typically, your daily earnings form the basis of the daily rate. Unfortunately, the opposing defense counsel will likely fight the amount your lawyer arrives at, aiming at a lower amount. An attorney could argue that whatever you earned daily before the accident be used as the daily rate to determine settlement.
How Can I Prove Pain and Suffering in Oklahoma?
Pain and suffering are not determined objectively, so you must submit evidence to support your claim for an amount that adequately compensates you for the injuries.
Your Tulsa Christian car accident attorney can help you collect and present the following types of evidence:
- Medical records: They are crucial in demonstrating your injuries and how their severity impacts your daily life.
- Photographs: They can reflect the severity of the injuries and the life accommodations you have been forced to adopt.
- Personnel files: Employer reports can show your inability to fulfill your employment duties.
- Witness statements: Family members, colleagues, friends, and neighbors can provide reports about your pain and diminished quality of life.
An Experienced Personal Injury Attorney Helping You Fight for Fair Compensation
If you’ve been injured in an accident or due to someone else’s negligence or carelessness, you may be able to seek compensation from the at-fault party. In pursuing a claim, it’s strongly advisable to seek the help of skilled Christian personal injury lawyers in Oklahoma.
Our firm hosts experienced, knowledgeable, and reputable injury accident lawyers who can investigate your case, determine the extent of the injuries, and calculate a fair compensation amount for your pain and suffering. Contact us for top-rated and Godly legal representation in Tulsa.