You may be entitled to pain and suffering damages if you are claiming general damages in a car accident case. An Oklahoma car accident lawyer can help you calculate your total damages amount. However, you may have questions regarding how to calculate pain and suffering as a component of general damages.
The Two Primary Methods of Calculating Pain and Suffering
The multiplier method and the per diem method are two common ways of calculating pain and suffering. When you use the multiplier method, you must calculate your total economic damages, select a multiplier, and multiply the total economic damages by the multiplier. The final number will produce the amount you should claim as pain and suffering.
The per diem method uses the time you spend healing from the injuries you suffer during the accident. Essentially, the per diem method makes a monetary amount that corresponds to each day of your recovery period. This number is multiplied by the days it takes to recover.
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Factors that Contribute to Pain and Suffering Damages
The following factors may increase the total pain and suffering damages. The following are elements that may increase financial compensation for pain and suffering damages:
- Developing post-traumatic stress disorder or depression due to your injuries
- Not being able to return to work
- The impact the injuries have had on the victim’s daily life and relationships
- Different levels of pain a victim experiences due to specific injuries or conditions
- The nature and extent of your injuries
- Suffering disfigurement or amputation due to your injuries
- Experiencing permanent disabilities and catastrophic injuries
- Experiencing financial insecurity due to your injuries
- The length of a victim’s recovery period
A car accident lawyer in Oklahoma will be able to account for all of the losses you experienced due to the injuries you suffered during the accident. Insurance companies and opposing counsel are aware of the average jury award amounts by examining Oklahoma car accident statistics. These factors can affect the outcome of your car accident case.
A Personal Injury Lawyer Can Help You Calculate Pain and Suffering Damages
It can be difficult to assess all the factors that may be relevant to your calculation of pain and suffering damages. A personal injury lawyer will provide you with the information you need to make sure that you are calculating pain and suffering damages correctly. If you have questions about how to calculate pain and suffering, then you should speak to a personal injury lawyer.
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Proving Pain and Suffering Damages in Oklahoma
Pain and suffering damages must be substantiated by documentary evidence and other forms of evidence. You cannot calculate pain and suffering in an objective manner. Therefore, the following kinds of evidence will be relevant to pain and suffering damages:
- Witness statements
- Personnel files
- Medical records
You need to work with a personal injury lawyer to ensure that you can obtain all the records that are relevant to your pain and suffering damages. The more evidence you possess regarding pain and suffering, the stronger your case will be.
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Legal Limitations and Proof of Damages
In the State of Oklahoma, no limitation exists for economic or non-economic losses. The injured victim may pursue any amount of damages, and the possible award will not be limited. However, injured parties must set forth enough evidence to the judge and jury to prove the total amount of damages.
Examples of the records that will be relevant to your damages include medical bills, receipts, and estimates for surgical procedures. The following witnesses may be relevant to your case:
- The victim’s relatives, friends, and colleagues who observed the pain and suffering
- The injured party who is pursuing financial compensation
- Medical professionals who treated the injured party
- Eyewitnesses who were present at the accident scene
These witnesses may need to be interviewed by your attorney before testifying. Also, parties and witnesses may be deposed by opposing counsel.
Additional Factors which May Reduce Pain and Suffering Damages
The following factors will decrease the victim’s financial compensation. Typically, if an injured victim did not obtain medical treatment, then it is possible that this will be categorized as a failure to mitigate damages. Also, injured victims should not engage in activities that may make their injuries more severe.
A personal injury lawyer will work with you to ensure that you are not doing anything that will harm your car accident case. If you need to seek medical treatment for your injuries, then you should not delay any further. Also, you should have questions prepared for your personal injury lawyer when you reach out for legal representation.
Calculate Your Pain and Suffering Damages Early on in Your Case
It is recommended that you calculate your pain and suffering damages at an early point in your car accident case. If you keep a record of the amount of pain and suffering damages associated with your case, then you will be able to present your total pain and suffering damages in a more organized manner. Sometimes it is recommended that an injured victim keep a spreadsheet containing every factor that is relevant to their total pain and suffering damages.
Many injured victims become confused when they try to assess the total number of pain and suffering damages associated with their car accident case. It is important to focus on the ways a personal injury lawyer can help you improve your understanding of pain and suffering damages and how they are calculated. The more knowledge an injured victim possesses, the stronger their car accident case will be.
Contact BDIW Law Today to Schedule a Free Consultation
You need to do everything in your power to pursue the financial compensation you deserve. We have years of experience representing clients in car accident cases. Contact us today to schedule a free consultation during which we can discuss the facts of your case.
You are not alone during this difficult time. Dealing with the consequences of a car accident can be overwhelming, but you do not have to let the insurance companies deny you monetary compensation. Reach out to us today to learn more about the legal options available to you.
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