How is Pain and Suffering Calculated in Kansas?

In personal injury cases, non-economic pain and suffering damages can sometimes exceed the economic losses, such as medical expenses, especially if the injuries are serious.

Such injuries often greatly impact the quality of life of the victim. But how are these damages measured and how do you know if you’re getting a fair deal from the insurance company?

Understanding when and how pain and suffering damages are awarded can help set the right expectations for anyone involved in a serious accident due to the negligence or recklessness of a third party in Kansas.

The two main types of damages awarded in personal injury cases in Kansas are special damages (economic damages) and general damages (non-economic damages).

Special damages (economic damages)

Special damages are relatively easy to calculate. They have a definite economic value and are generally easily proven with receipts, invoices, wage slips, etc. Economic damages can refer to expenses already paid, future expenses or the loss of income caused by the accident.

Most commonly, special damages include compensation for the following types of losses:

• Medical expenses, including emergency services, hospitalization, surgery, medication, doctor visits, etc.
• Ongoing rehabilitation
• Property damage (e.g., to a vehicle)
• Lost wages/income now and in the future
• Necessary modifications to the home or vehicles (e.g., for wheelchairs)
• Household services that another person provides to you during your recovery

General damages (non-economic damages)

Non-economic damages refer to pain and suffering from the injuries and the impact of the injuries on the victim’s life—which are less tangible, more difficult to prove, and more difficult to put a dollar value on.

There are no receipts or invoices to quantify the losses and, besides, everyone experiences pain and suffering differently, complicating matters further. Much depends on the circumstances of the individual affected.

For instance, a permanent facial scar may be far more devastating for someone who works for a modeling agency than someone who works in an office.

Pain and suffering damages are included as part of the general damages claim in a personal injury case in Kansas. This may include the following:

• Chronic pain
• Permanent disability
• Mental anguish or emotional distress
• Depression/anxiety
• Post-traumatic stress disorder (PTSD)
• Loss of quality of life
• Loss of sleep quality

These injuries can involve physical, mental or emotional pain, impacting the overall quality of life and the capability to return to the lifestyle the victim enjoyed before the accident.

A personal injury lawsuit will attempt to compensate the victim for these difficult-to-measure losses—and the help of a seasoned personal injury lawyer is usually required to maximize such claims.

No single formula exists for calculating pain and suffering damages in Kansas. Personal injury case juries are instructed to use “common knowledge and experience” when deciding a fair amount to compensate a plaintiff for general damages.

That said, there are two main guideline methods for calculating such losses.

The Multiplier Method

The Multiplier Method assigns a number between 1.5 and 5 based on the severity of the victim’s injuries. This number is then multiplied by the economic damages incurred.

The Per Diem Method

The “Per Diem” method means the “Per Day” method. Using this way of calculating pain and suffering, a value is placed on the daily expense of the pain and suffering. This is then multiplied by the number of days it takes an injured victim to recover.

Importantly, neither of these methods always values the total extent of a victim’s pain and suffering. As already mentioned, this is a subjective call that must take into account many factors. Only someone who understands the nature of the victim’s life before the accident and how it has been altered by the accident injuries is qualified to make this judgment.

That’s why it’s usually best to discuss your situation with a qualified personal injury lawyer before setting any expectations for the total damages due.

Besides calculating how much compensation to which the victims are entitled, accident injury lawyers will help prove pain and suffering damages to the at-fault party.

Proving the full impact of physical, mental, and emotional injuries can be challenging for reasons already outlined (no receipts, invoices, etc.) However, a seasoned attorney will gather and present evidence in the following  forms:

• Medical reports detailing the full extent of the injuries and future prognosis.
• Photos of injuries at different stages of healing.
• A journal that victims are often asked to keep to detail the symptoms and how the injuries impacted their lives.
• Testimony from medical experts about the injuries now and expected limitations in the future.
• Mental health records diagnosing conditions such as depression, anxiety, PTSD, etc.
• Statements from family and friends on how the injuries have negatively impacted the victim’s life.

If possible, accident victims or their loved ones should work closely with a personal injury lawyer to prepare this type of documentation. Without evidence of pain and suffering, the size of the claim may be reduced significantly.

An experienced personal injury lawyer should be able to provide a relatively accurate estimate of the damages expected for various injuries, based on previous cases involving similar injuries.

However, personal injury claims that involve pain and suffering can be impacted by many factors besides the severity of injuries, such as:

• The permanence or temporariness of the injuries.
• The percentage of fault apportioned to each driver (comparative negligence).
• The age and pre-accident health condition of the victim.
• How the injuries have impacted the victim’s quality of daily life and relationships.
• Whether the case is settled out of court (as in the majority of cases) or goes to trial.

A great deal also depends on the skill and experience level of your personal injury lawyer. A lawyer experienced in similar cases and in holding the at-fault party fully liable may be able to recover more in damages than a less experienced lawyer.

If you are in the Topeka area, speak to a car accident lawyer at Irigonegaray & Revenaugh during a free case evaluation. We will advise you of your legal options and assess how best to claim the compensation you deserve.