Suing for Pain and Suffering

Did you recently get hurt in an Oklahoma accident due to someone else’s wrongful actions or inaction? If so, you’re likely not just dealing with the burden of medical expenses or lost wages. You’ve probably lost a great deal more, possibly including your peace of mind, the ease of a pain-free existence, and perhaps even some of your joy in life. And, just like for your financial losses, you deserve fair compensation for this preventable pain and suffering.

What Is Pain and Suffering in an Injury Case?

In personal injury law, “pain and suffering” is a comprehensive term that refers to all aspects of the physical discomfort and emotional distress a person endures following an accident. Like many other states, Oklahoma separates pain and suffering into two primary categories: physical and mental.

Physical pain and suffering encompasses the actual physical injuries that you experience due to your injuries. It includes not only the immediate bodily discomfort you feel after the accident but also any ongoing pain you’re likely to face in the future as a result of the incident.

On the other hand, mental pain and suffering includes the psychological and emotional distress that often accompany such physical injuries. This could consist of a broad spectrum of negative feelings such as fear, anger, anxiety, shock, depression, and conditions like post-traumatic stress disorder (PTSD). It could also encompass significant changes in your lifestyle – sleeplessness, depression, loss of appetite, mood swings, and trouble with intimacy.

How Is Pain and Suffering Calculated?

Here in the Sooner State, there isn’t a definitive law or formula for calculating the value of a pain and suffering case. Instead, the courts consider various factors, such as the nature of your injury, the severity of your pain, and how long you are expected to suffer.

Many insurance companies employ a technique known as the multiplier method to estimate pain and suffering compensation. This method involves adding up all your economic losses (like medical bills and lost income), then multiplying the total by a specific number (multiplier), usually between 1.5 and five. The value of this multiplier depends on the severity and long-term consequences of your injuries, with higher multipliers for more severe cases.

Alternatively, some parties use the “per diem” (per day) approach. This method involves assigning a certain dollar value (usually the value of a standard day’s income) to each day you experience pain and suffering from the accident. However, this method doesn’t work well for long recoveries. It’s best to consult a lawyer to estimate the potential value of your pain and suffering case.

How to Prove Pain and Suffering

When it comes to demonstrating pain and suffering after an injury accident, there are several types of evidence that could support your case, including the following:

• Medical documentation – Records of hospital stays, doctor’s visits, physical therapy, or other treatments can validate your claims of physical pain. This includes detailed medical reports and records that describe your injuries, prescribed treatments, and recovery progress.
• Psychological counseling records – Records of therapy sessions, psychiatric evaluations, or counseling can serve as proof of emotional distress. If a mental health professional has diagnosed you with conditions like anxiety, depression, or PTSD as a result of the accident, these diagnoses can serve as potent evidence, too.
• Personal diary or journal – A detailed account of your physical and emotional state from a personal journal can document your journey through pain and suffering. Useful entries might include descriptions of daily pain levels, activities you’re unable to perform, disruptions to your normal routine, and emotional struggles.
• Testimonies from loved ones – Statements from friends, family, colleagues, or others who can testify to your pre- and post-accident condition and changes in behavior or lifestyle can corroborate your claims of suffering.
• Photographs and videos – Visual evidence of your injuries, the accident scene, and your recovery progress can be compelling proof of the ordeal you’ve undergone.

Contact a Personal Injury Lawyer in Oklahoma Now

Life post-accident can feel overwhelming, but it’s important to remember you don’t have to face this daunting time alone. If you’ve been injured due to the fault of another party and are dealing with physical pain and emotional suffering in the aftermath, reach out to Abel Law Firm without delay.

Let our empathetic and experienced legal team at Abel Law Firm guide you toward the compensation you deserve for your pain and suffering. Call us at (405) 239-7046 and schedule a consultation with us today to take the first step toward a fair recovery.