Accidents are expensive even when injuries are minor. You probably have a pretty good idea of how to file an insurance claim for things like your property damage and medical costs. While it’s a start, it’s usually not all that goes into an Oklahoma City accident claim. You may have other losses like your pain, suffering, and mental anguish.
These are usually claimable losses but figuring out their value can leave you scratching your head. You don’t want to leave these losses off of your claim. However, calculating pain and suffering in an OKC accident claim isn’t easy. To help ensure you’re not missing out on any claimable losses, we’re going over what you need to know about the process.
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How Oklahoma Calculates Pain and Suffering
Even though you can’t place an actual price tag on your pain and suffering, it’s still possible to calculate the damages associated with your emotional distress.
To make figuring out what your claim is worth a little easier, the Northwestern University School of Law has a helpful guide. Remember, this is only a guide for calculating non-economic damages in Oklahoma accident claims. You’re not bound by these numbers, they’re only suggestions.
The guide recommends using either a multiplier or per diem method to figure out how much your pain and suffering are worth.
Using the Multiplier Method
Okay, so the multiplier method is basically what the name implies. The jury in your personal injury case assigns a number representing your pain and suffering. This number is the multiplier used to calculate your non-economic damages.
For example, the jury first calculates your economic damages. These are your tangible damages like medical expenses, lost wages, and property damages. The jury next considers the severity of your injuries. Your injuries are ranked on a scale, typically from one to five.
Higher numbers indicate a more severe injury. Taking the total of your economic damages, the jury multiples it by the number assigned to your injuries. This total gives you the compensation amount for your pain and suffering.
If you suffered a broken arm that heals without an issue, the jury may rank your injury as a 1.5. Your economic damages total $150,000. To find your non-economic damages, the jury will multiply the $150,000 by 1.5. Your total jury award is $225,000 for all listed damages.
Using the Per Diem Method
Chances are you know Per Diem is the Latin term for per day. If your injuries are temporary, your attorney may recommend using the per diem method. Instead of assigning an injury severity rating, the jury looks at the number of days your injuries impacted your life.
The jury will consider several factors when determining how much each day you’re injured is ultimately worth. Remember, don’t be offended that strangers are assigned a value to your injuries, and the associated pain and suffering. This isn’t personal, only a way for them to come up with the total amount you’ll receive in compensation. Some of the factors the jury considers include:
- Injury severity
- The amount of pain, discomfort, and inconvenience the injuries have on your life
- How the injuries impact your social life, including relationships.
- Do your injuries negatively impact your job/career? For example, are you denied a raise or promotion because of your injuries?
- How long it takes your injuries to fully heal
If therapy, either rehabilitation or psychological is necessary, the jury will also factor this into their recommended compensation award.
Proving Pain and Suffering in an Accident Claim
Even if your pain and suffering are obvious, you still need to provide proof before a jury will even consider compensating you for your emotional distress. Some of the items you may be required to provide are:
- Medical documentation from a physician detailing the extent of your injuries
- Prescriptions for any medications prescribed to treat your physical and/or emotional injuries
- A personal written statement outlining how your pain and suffering is negatively affecting your life
If you are seeing a counselor or therapist for any mental distress caused by the accident, you may need to provide documentation. However, when it comes to physical and mental health conditions and treatments, privacy laws still apply. You can keep the information vague but you’ll still need to disclose some facts. Your attorney will help you decide what’s relevant and which information is protected.
Don’t Miss Out on Claimable Damages
You don’t want to leave anything off your Oklahoma accident claim. On the other hand, trying to calculate your non-economic losses can make it pretty tempting. To help ensure you’re receiving the maximum value of your personal injury claim, it’s a good idea to partner with an experienced OKC accident attorney.
