How Is Pain and Suffering Calculated in Oklahoma?

When you’re injured in an accident, it’s not just the physical damage that takes a toll. Emotional distress, anxiety, chronic pain, and a diminished quality of life often follow—and these are all part of what’s known as pain and suffering in a personal injury claim. But how is pain and suffering actually calculated in Oklahoma?

What Is Pain and Suffering?

In Oklahoma personal injury cases, pain and suffering refers to non-economic damages—the losses that don’t come with a receipt or bill. These can include:

Physical pain from injuries
Emotional distress (like anxiety, depression, PTSD)
Loss of enjoyment of life
Mental anguish
Disfigurement or scarring
Loss of consortium (impact on your relationship with your spouse)

These damages aim to compensate you for the intangible ways your life has changed due to the injury.

Methods for Calculating Pain and Suffering in Oklahoma

Because these damages aren’t tied to exact numbers like a hospital bill, Oklahoma uses a couple of common methods to estimate fair compensation.

1. The Multiplier Method

This is the most widely used approach. It involves taking your total economic damages (such as medical expenses and lost income) and multiplying them by a number—usually between 1.5 and 5—based on the severity of your injury.

Example:
If your total medical expenses and lost wages = $50,000
And the multiplier is 3:
$50,000 x 3 = $150,000 in pain and suffering damages.

The more severe, long-lasting, or emotionally distressing your injury is, the higher the multiplier may be.

2. The Per Diem Method

Another way pain and suffering may be calculated is by assigning a daily value to your suffering and multiplying it by the number of days you’ve experienced pain.

Example:
$200 per day x 180 days = $36,000 in pain and suffering.

This method is less commonly used, but it can be effective for cases where recovery time is clearly documented.

Oklahoma’s Cap on Pain and Suffering Damages

There’s good news for injury victims:
Oklahoma no longer has a cap on non-economic damages like pain and suffering for most personal injury claims.

History of the Cap:

Oklahoma used to cap non-economic damages at $350,000.
In 2019, the Oklahoma Supreme Court ruled that cap unconstitutional in Beason v. I.E. Miller Services.
As a result, there is no longer a general limit on what you can recover for pain and suffering.

Factors That Influence Your Pain and Suffering Award

Every case is unique, but some common factors that may increase (or decrease) your pain and suffering compensation include:

Severity and permanence of the injury
Length of medical treatment and recovery
Impact on your daily life or ability to work
Mental health struggles after the accident
Expert testimony from doctors or therapists
Your credibility and the documentation you provide

Do You Need a Lawyer to Claim Pain and Suffering?

Yes—especially when psychological injuries or long-term suffering are involved. Insurance companies often downplay or deny emotional trauma because it’s harder to quantify. A skilled Oklahoma City personal injury attorney can:

Help you gather medical and psychological evidence
Work with experts to support your case
Negotiate with insurance adjusters
Present a compelling case for full compensation

Let Us Help You Get the Compensation You Deserve

If you or a loved one has suffered pain and suffering after an accident in Oklahoma, don’t settle for less. These damages are real—and you deserve to be fully compensated. Our team is here to guide you through every step of the process and fight for what’s fair.