Brad Pistotnik Law
Abogado El Toro

How is Pain and Suffering Calculated?

How is pain and suffering calculated following an automobile accident? What formulas are used to determine the tangible and intangible impact of personal injuries and wrongful death? In addition to physical injuries that can negatively impact an individual's quality of life, there are many injuries that can't be seen, such as psychological and emotional trauma. Individuals involved in automobile accidents in Kansas can pursue compensation for these damages and the impact they have on their quality of life. In Kansas, the court reads a jury instruction that there is no mathematical calculation that can be used.

Naturally, damages for pain and suffering cover actual physical pain that is caused by an injury. It also covers emotional trauma including Post Traumatic Stress Disorder, persistent fear, insomnia, depression, and other psychological manifestations of trauma that are common following a severe automobile accident. These unseen injuries can have a significant impact on an individual's life and lifestyle. Be careful about emotion injuries. In Kansas, you lose your right to privacy when you file a law suit.

Individuals can also pursue compensation for the impact an automobile accident has on the claimant's quality of life. For example, not being able to attend family events due to prolonged hospitalization, having to cancel a vacation due to severe physical pain, having to live and learn to work with physical disabilities or disfigurement following an accident.

A per diem rate set by the claimant's attorney where a value is assigned to each aspect of an individual's life impacted by the automobile accident. This rate includes wages that have and will be lost, favorite activities that can no longer be enjoyed, the impact of disfigurement, etc. Once a daily sum of pain and suffering is achieved, it is multiplied by the total number of days the injured party has lived and will live with the trauma.

Or, there is the estimation method which relies heavily on similar cases where similar injuries were sustained. This is the least accurate method available and is not commonly used because it is open to considerable interpretation. A judge will not allow this method in Kansas and is only used for settlement offers and mediations.

As with all damages in a personal injury case, thorough documentation and medical evidence is required to prove the presence of pain and suffering. Medical records showing physical injuries and pain provide a foundation to pursue these damages. Other evidence that can be presented to establish pain and suffering include receipts for medications, canceled airline/cruise tickets, records of psychological evaluations, testimony from employers, and statements from family and friends.

Individuals are strongly advised to keep a diary of their experience following an automobile accident. This diary should include information regarding physical pain that is experienced, medical appointments attended, events missed due to physical or emotional pain, and the impact the injury is having on everything from time with family and friends to intimacy with a romantic partner. The more detailed the diary, the stronger the evidence of the impact the accident is having on an individual's quality of life and enjoyment of life. This has to be given a caveat that you only do this when directed by your lawyer or attorney so that it has attorney client privilege. Otherwise, you may open the door to a piece of evidence that harms you.

Brad Pistotnik Law represents auto accident victims in Goodland, Wichita, Garden City, Emporia, Liberal, Emporia, Dodge City, Hays, Colby, Hutchinson, Newton, Wellington, Arkansas City, Coffeyville, Olathe, Lawrence, and other cities throughout Kansas, Oklahoma, Nebraska, Missouri and Illinois. Our office helps clients pursue fair and just compensation for the pain and suffering they have experienced. From lost time with family and friends to persistent emotional trauma, the compensation we secure for our clients helps them recover from both physical and psychological injuries.

We are Brad Pistotnik Law. ® We are Abogado El Toro. ® Hire the real Brad. ® Call in the Bull. ® We are the Bull Attorneys! ™ Call us at 1-800-241-BRAD or call us on our local line at 316-684-4400. You can call Brad Pistotnik on his cell at 316-706-5020. You can call Tony Atterbury on his cell at 316-617-9237. You can call from Western Kansas at 620-THE-BULL. Our main office location is at 10111 E. 21st St. N., Suite 204, Wichita Kansas 67206.