When an accident injures someone, they might qualify for compensation beyond medical bills or lost wages. Pain and suffering also play a role in personal injury cases in Oklahoma. Understanding how to calculate pain and suffering can help injured individuals navigate their claim more effectively.
What is pain and suffering?
Pain and suffering include the physical and emotional distress a person experiences after an injury. This can involve chronic pain, anxiety, depression, or reduced quality of life. Unlike medical expenses, pain and suffering are subjective and harder to measure.
Factors that affect pain and suffering calculations
Several factors influence pain and suffering calculations in Oklahoma. These factors include the severity of the injury, the time required for recovery, and whether the injury will lead to long-term or permanent consequences. Courts also consider the age of the person who was injured, pre-existing conditions, and how the injury impacts daily activities.
Methods of calculating pain and suffering
In Oklahoma, two common methods calculate pain and suffering: the multiplier method and the per diem method. The multiplier method multiplies actual damages (like medical bills) by a number between 1.5 and 5, depending on the injury’s severity. The per diem method assigns a daily value to the pain experienced and multiplies it by the number of days the injured party has suffered.
Limits on pain and suffering awards
Oklahoma law limits pain and suffering awards. Non-economic damages in personal injury cases are generally capped at $350,000, unless special circumstances exist, such as gross negligence or intentional harm. This cap limits the amount that those who have been injured can receive, even if the pain and suffering are extensive.
Seeking fair compensation for pain and suffering in Oklahoma can be challenging. Understanding the complexities involved helps ensure that compensation reflects both the physical and emotional impacts of an injury.
