When people think about personal injury settlements, they often focus on medical bills and lost wages. But in many Oklahoma cases, pain and suffering — what lawyers call non-economic damages — is the largest component of the total recovery. Understanding how pain and suffering is calculated can help you understand the true value of your claim.
What Is Pain and Suffering in Oklahoma Law?
Pain and suffering encompasses two categories of non-economic damages:
- Physical pain and suffering — The actual physical discomfort, pain, and limitations caused by your injuries, both past and future.
- Mental and emotional suffering — Anxiety, depression, PTSD, loss of enjoyment of life, and the psychological impact of living with an injury.
Oklahoma law (23 O.S. § 61) allows injury victims to recover for both past and future pain and suffering.
How Is Pain and Suffering Calculated?
The Multiplier Method
The most common approach is to multiply your total economic damages (medical bills + lost wages) by a number between 1.5 and 5, depending on the severity of your injuries. A minor soft tissue injury might use a multiplier of 1.5–2. A permanent disability might justify a multiplier of 4–5 or higher.
The Per Diem Method
This approach assigns a daily dollar value to your pain and suffering and multiplies it by the number of days you suffered. For example, $200/day × 365 days = $73,000.
Factors That Increase Pain and Suffering Value
- Severity and permanence of injuries
- Impact on daily life and activities
- Diagnosed PTSD, depression, or anxiety
- Younger age (more years of future suffering)
- Consistent medical treatment and documentation
Oklahoma's Cap on Non-Economic Damages
Oklahoma limits non-economic damages (including pain and suffering) to $350,000 in most personal injury cases under 23 O.S. § 61.2. However, this cap does not apply if the injury resulted in permanent physical impairment or if the defendant acted with gross negligence or intentional misconduct.
If you've been injured in Oklahoma and want to understand the full value of your claim, call me at (918) 640-7383 for a free consultation. No fee unless we win.
