Pain and Suffering Damages: How Oklahoma Juries Calculate What You've Lost

Every client asks the same question: "What's my case worth?" They want a number. A formula. Something predictable. But the most significant component of most personal injury cases—pain and suffering—has no calculator. It's not a line item on a receipt. It's not an objective measurement. It's whatever a jury of six strangers decides it's worth. Understanding how those strangers think, what persuades them, and what evidence moves them is essential to maximizing your recovery.

This article explains what pain and suffering damages actually are, how Oklahoma juries approach them, the methods attorneys use to present them, and what factors drive awards higher or lower.

What Are Pain and Suffering Damages?

Economic vs. Non-Economic Damages

Personal injury damages fall into two broad categories:

Economic Damages (also called "special damages"):

• Medical expenses (past and future)
• Lost wages and earning capacity
• Property damage
• Out-of-pocket costs

These are quantifiable—you can add up receipts and pay stubs.

Non-Economic Damages (also called "general damages"):

• Physical pain
• Mental anguish
• Emotional distress
• Loss of enjoyment of life
• Disfigurement
• Physical impairment
• Loss of consortium (for spouses)

These are subjective—there's no receipt for suffering.

"Pain and suffering" is shorthand for this entire category of non-economic damages, though it technically refers to just one component.

Why Non-Economic Damages Matter

In many cases, non-economic damages are larger than economic damages:

Injury Type	Medical Bills	Pain & Suffering	Ratio
Soft tissue (minor)	$5,000	$5,000-$15,000	1-3x
Broken bones	$25,000	$50,000-$150,000	2-6x
TBI/Spinal cord	$200,000	$500,000-$2M+	2.5-10x
Permanent disability	$500,000	$1M-$5M+	2-10x

These ratios aren't formulas—they're ranges observed in Oklahoma verdicts. The actual multiplier depends on factors discussed below.

How Juries Think About Pain and Suffering

The Blank Slate Problem

When a jury retires to deliberate, they receive instructions that essentially say: "Award whatever amount will fairly compensate the plaintiff for pain and suffering."

That's it. No guidance on methodology. No range. No formula.

This leaves six people in a room trying to put a dollar value on something inherently non-monetary. Different jurors approach this differently:

• The Anchor Juror: Picks a number that "feels right" and works from there
• The Calculator Juror: Tries to apply some mathematical framework
• The Skeptic Juror: Questions whether the plaintiff is exaggerating
• The Empathetic Juror: Imagines themselves in the plaintiff's position
• The "What Would I Accept?" Juror: Asks what settlement they'd want for the same injury

The final verdict is a negotiation among these perspectives.

What Actually Moves Juries

Research on jury behavior and our experience in Oklahoma courts reveals several factors that consistently influence pain and suffering awards:

1. Severity and Duration

Juries distinguish between:

• Temporary pain that resolves (lower awards)
• Permanent pain that will last a lifetime (much higher awards)

A herniated disc that heals in 6 months is very different from a spinal cord injury causing permanent paralysis.

2. Visibility and Credibility

Injuries that are visible and objective tend to receive larger awards than invisible ones:

• Surgical scars, burns, amputations → high credibility
• Chronic pain without objective findings → lower credibility

This doesn't mean invisible injuries are less painful—it means they're harder to prove.

3. Impact on Daily Life

Juries respond to concrete, specific changes in the plaintiff's life:

• "I can't pick up my grandchildren"
• "I had to quit coaching my son's baseball team"
• "I used to hike every weekend—now I can barely walk to the mailbox"

Abstract claims of suffering are less persuasive than specific activities the plaintiff can no longer do.

4. Likability and Sympathy

Fair or not, juries give larger awards to plaintiffs they like. Factors that increase likability:

• Working hard at recovery
• Not complaining excessively
• Being honest about limitations and improvements
• Having family support (visible care relationships)

Factors that decrease it:

• Appearing greedy or litigious
• Exaggerating symptoms
• Being difficult or argumentative on the stand
• Poor credibility on other issues

5. Defendant's Conduct

While pain and suffering damages are about the plaintiff's experience, juries unconsciously award more against:

• Defense attorneys who were aggressive or dismissive
• Defendants who showed no remorse
• Corporations with deep pockets
• Conduct that seems reckless or callous

This is why defendant selection and presentation matters.

Methods for Calculating Pain and Suffering

Although no official formula exists, attorneys use several methods to help juries conceptualize appropriate awards.

The Per Diem Method

This approach assigns a daily dollar value to the plaintiff's suffering, then multiplies by the expected duration.

Example:

• Daily suffering value: $200
• Duration: 40 years (14,600 days)
• Pain and suffering: $200 × 14,600 = $2,920,000

Attorneys argue: "Would you accept $200 per day to live with this level of pain? My client has to live with it for the rest of his life—and he didn't choose it."

Strengths: Concrete, easy to understand, emphasizes permanence Weaknesses: The daily rate is arbitrary; defense can argue it's inflated

The Multiplier Method

This approach multiplies economic damages by a factor (typically 1.5x to 5x) based on severity.

Example:

• Medical expenses: $150,000
• Lost wages: $50,000
• Total economic damages: $200,000
• Multiplier for moderate-severe injury: 3x
• Pain and suffering: $600,000

Strengths: Ties non-economic damages to objective economic losses Weaknesses: Medical bills don't necessarily correlate with pain level

The "Golden Rule" (Prohibited)

Some attorneys ask jurors to imagine themselves in the plaintiff's position: "What would you want to be paid for this suffering?"

This is prohibited in Oklahoma courts. Jurors must evaluate the plaintiff's damages, not their own hypothetical suffering. However, jurors naturally engage in this thinking regardless of instructions.

The "Unit of Time" Variation

Similar to per diem, but uses different time units:

• Per minute: "Think about what it's like to be in constant pain—every minute of every day. What's that worth? Even at just $1 per minute, that's $525,600 per year."

This method emphasizes how constant chronic pain is and produces large numbers quickly.

Comparison to Verdicts

Attorneys sometimes reference other jury verdicts for similar injuries (though this must be done carefully to avoid improper argument):

• "In cases involving similar spinal injuries, Oklahoma juries have awarded between $500,000 and $2 million for pain and suffering."

This gives jurors an anchor point within community standards.

Evidence That Supports Pain and Suffering Claims

Medical Records

Medical records document:

• The severity of injuries
• Treatments required (surgeries, therapies)
• Pain levels reported to providers
• Prognosis and permanence

Tip: Don't minimize pain to your doctors. If you tell your doctor your pain is "2 out of 10" because you don't want to complain, that number appears in your records and undermines your claim.

Pain Journals

A daily log documenting:

• Pain levels throughout the day
• Activities you couldn't do
• Sleep disruption
• Medications taken
• Emotional state

This creates a contemporaneous record that's hard to dismiss as exaggeration.

Before-and-After Testimony

Family members, friends, and coworkers can testify about changes they've observed:

• "Before the accident, he coached Little League every Saturday. He hasn't been to a game since."
• "She used to be the life of the party. Now she barely leaves the house."

This testimony from people who know the plaintiff is powerful because they have no financial stake in the outcome.

Photographs and Video

Visual evidence of:

• Injuries immediately after the accident
• Surgical scars and disfigurement
• Physical therapy sessions
• Adaptive equipment used daily
• The plaintiff attempting activities they can no longer do

A video of a former marathon runner struggling to walk to their mailbox is devastating evidence.

Expert Testimony

• Treating physicians: Explain injuries, prognosis, and pain expectations
• Pain management specialists: Testify about chronic pain syndrome
• Psychologists: Document depression, anxiety, PTSD
• Life care planners: Project future needs
• Vocational experts: Explain career impacts

Day-in-the-Life Videos

A professionally produced video showing the plaintiff's daily routine:

• Struggling to get out of bed
• Needing help with basic tasks
• Taking medications throughout the day
• Missing activities they used to enjoy

These videos are expensive to produce but can dramatically increase verdicts.

Oklahoma-Specific Considerations

No Cap on Pain and Suffering (Most Cases)

Unlike some states, Oklahoma does not cap non-economic damages in most personal injury cases. There's no artificial limit on what a jury can award.

Exception: Medical malpractice cases have a $350,000 cap on non-economic damages under 63 O.S. § 1-1708.1F. This cap is controversial and has been challenged.

Comparative Negligence

Under Oklahoma's comparative negligence system, if you're partially at fault for your injuries, your damages are reduced by your percentage of fault. If you're 20% at fault, you lose 20% of your pain and suffering award.

If you're 50% or more at fault, you recover nothing.

Collateral Source Rule

Oklahoma's collateral source rule (partially modified by statute) generally prevents defendants from telling the jury about payments you received from other sources (health insurance, disability, etc.). Your pain and suffering award shouldn't be reduced just because you had good insurance.

Conservative Venue Considerations

Oklahoma juries tend to be more conservative than coastal states. Pain and suffering awards are generally lower than in California, New York, or Texas. Venue selection matters—Oklahoma City juries may award differently than rural county juries.

What Insurance Companies Do

The Adjuster's "Formula"

Insurance adjusters often claim to use formulas:

• "We multiply medical bills by 3"
• "Our computer says your pain and suffering is worth $25,000"

These are negotiation tactics, not legal standards. There's no required formula. Adjusters use them to anchor low and make you feel like higher demands are unreasonable.

Independent Medical Examinations

Insurers often send you to their own doctors—called "independent" medical examiners (IMEs). These doctors are paid by insurers and routinely minimize injuries. Their reports become ammunition to attack your pain and suffering claims.

Surveillance

Insurance companies hire investigators to follow you, photograph you, and record video. If you claim severe back pain but are filmed playing golf, your credibility—and pain and suffering award—will collapse.

Maximizing Your Pain and Suffering Recovery

Document Everything

From day one:

• Keep a pain journal
• Take photos of injuries
• Save all medical records
• Track activities you can't do
• Note emotional impacts

Follow Medical Advice

Juries expect plaintiffs to work at recovery. If you skip physical therapy, miss appointments, or refuse recommended treatments, they'll question how much you're really suffering.

Be Consistent

Tell the same story to:

• Medical providers
• Your attorney
• The insurance adjuster
• The jury

Inconsistencies destroy credibility.

Prepare for Surveillance

Assume you're being watched. Don't exaggerate limitations, but don't push yourself on "good days" in ways that could be misinterpreted.

Hire an Experienced Attorney

Pain and suffering cases are won or lost on presentation. An attorney who knows how to:

• Develop compelling evidence
• Prepare witnesses
• Present to Oklahoma juries
• Counter defense tactics

...will significantly increase your recovery.

Frequently Asked Questions

Is there a maximum pain and suffering award in Oklahoma?

No—except in medical malpractice cases ($350,000 cap). For car accidents, trucking accidents, premises liability, and most other cases, juries can award whatever they find appropriate.

Do insurance companies really use a multiplier?

They may calculate internal reserves that way, but there's no legal requirement. Multipliers are starting points for negotiation, not binding formulas.

How long does it take to get pain and suffering compensation?

Pain and suffering is part of your overall settlement or verdict. Cases settle in months to years depending on complexity. If you go to trial, it may take 2-3 years from injury to verdict.

Can I get pain and suffering if I wasn't physically injured?

Yes, in limited circumstances. Emotional distress from witnessing a family member's death or injury ("bystander claims") or intentional infliction of emotional distress can support non-physical damages. But most pain and suffering claims accompany physical injuries.

What if my injuries are mostly "invisible" (chronic pain, PTSD)?

These cases are harder but not impossible. You need strong medical documentation, consistent treatment history, and credible witnesses who can testify to changes in your behavior and capabilities. Mild TBI cases face similar challenges.

Do I have to go to trial to get pain and suffering damages?

No. Most cases settle before trial. But the amount you settle for is influenced by what a jury might award. Understanding jury values helps your attorney negotiate effectively.

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Pain and suffering damages reflect the law's recognition that injuries aren't just about medical bills. They're about the life you've lost, the activities you can no longer enjoy, and the daily burden of living with the consequences of someone else's negligence. While no formula can capture that experience, a well-prepared case can help a jury understand—and fairly compensate—what you've been through.

At Addison Law, we handle personal injury cases throughout Oklahoma. We know how Oklahoma juries think about pain and suffering, and we build cases that tell our clients' stories effectively. If you've been injured and want to understand what your case might be worth, contact us for a free consultation.

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This article is for general information only and is not legal advice.