When you’re out grocery shopping following your 10-hour work day, all you want to do is get home. Your life is busy and you don’t have the luxury of letting things slide for a bit. You have responsibilities and people counting on you every day. That’s why getting hurt in an accident is so devastating. It makes your life that much more difficult because now you have vehicle repairs, doctors’ appointments, and arguing with insurance companies thrown on top of everything else.
Another problem that slows you down is dealing with the pain and suffering that comes with your injuries. How do you even figure out what that’s worth in terms of a personal injury settlement?
What goes into a pain and suffering claim?
There are several categories of loss that make up a victim’s pain and suffering. Each case could have one or several of the below non-economic damages to consider in calculating a satisfactory amount to compensate for these damages.
- Physical pain and discomfort that can either be short term or a permanent damage that will have to be managed for the rest of your life.
- Depression, anxiety, and other emotional disorders that are disruptive to your ability to consistently function on a daily basis.
- Cognitive problems such as memory loss, which can affect everything from personal relationships to performing your job.
- Insomnia, which can eventually place you at risk for psychological issues due to exhaustion, high blood pressure and heart disease.
- Physical limitations that interfere with your personal relationships, responsibilities, and enjoyment of life like caring for your children or participating in hobbies.
- Loss of consortium causing suffering to your family members who no longer have the enjoyment or benefit of your contribution to their lives.
Virtually any non-economic damages that have a profound affect on your quality of life may be included as part of your pain and suffering calculation provided it can be linked to the event that caused your injuries.
Methods for calculating pain and suffering
There are really only two approaches used when trying to assign a value to the pain and suffering portion of your claim
Per diem method
This is the better option for long-term recoveries because you are essentially calculating your damages on a daily basis. The more days you experience pain and suffering, the higher your damages will become. A daily rate, often based upon your income, is established and used as a multiplier.
This strategy is used to calculate your damages by taking the total of all of your economic damages and multiplying them by a certain number to reach a total figure that includes your pain and suffering. The pain and suffering portion is the amount above your out-of-pocket expenses, also known as special damages.
How these calculations would work, and what the final amount could look, depends upon how successful settlement negotiations are. If your case ends up going to trial and being placed into the hands of a jury to decide, your award could increase or decrease.
The knowledgeable Tulsa personal injury attorney, Jacob Biby, builds the best case possible to stand strong for his clients against the insurance companies and negligent parties who cause their injuries.
If you or your loved one has been hurt and required medical attention in addition to incurring other substantial expenses at the fault of someone else, let our legal team guide you through the claims process and help secure the compensation you deserve. To schedule your free consultation in our Tulsa office, call Biby Law Firm at 918.416.6351 or reach out to us through our contact form to briefly tell us your story. We only get paid if you do.
Jacob Biby has spent his legal career helping folks just like you get the resources they need after an injury. He completed his undergraduate degree at Oklahoma State University and earned his Juris Doctorate from the University of Tulsa in 2008. Jacob is licensed to practice in all Oklahoma state and federal courts, and has limited his career to representing individuals and families who were injured by the negligence of other people or corporations. Learn more about Jacob Biby.