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How Are Pain and Suffering Damages Calculated in Oregon?

How Are Pain and Suffering Damages Calculated in Oregon?

After an accident, you may sustain severe injuries that require medical attention and ongoing treatment, such as physical therapy. You may also miss work due to your recovery, leading to lost income and job benefits. Most people know they can pursue these types of monetary losses by filing a personal injury claim against the at-fault party. 

However, did you know you can also seek compensation for certain non-financial losses, such as pain and suffering? Below we discuss what qualifies as pain and suffering damages in Oregon and how to calculate and prove them. 

What Are Pain and Suffering Damages?

Accident victims can seek compensation for their economic and non-economic damages. “Damages” refer to the actual losses or harm suffered by the plaintiff, and they must be proven. 

Economic damages may include medical expenses, lost wages, diminished earning capacity, out-of-pocket costs, and other financial losses.

Non-economic damages, on the other hand, account for the physical, emotional, and psychological impact of an accident and injuries, including pain and suffering. These losses are subjective, making them more challenging to value and prove.

Pain and suffering damages can encompass the following: 

  • Physical discomfort
  • Chronic pain 
  • Mental suffering
  • Cognitive changes or alterations in your mood
  • Psychological trauma 
  • PTSD
  • Anxiety
  • Depression
  • Reduced quality of life
  • Loss of companionship 

For example, a car accident victim sustains a brain injury, leading to extensive medical bills and expenses. They also suffer from various symptoms, including persistent migraines, memory problems, and depression. These symptoms prevent them from working and negatively impact their interpersonal relationships and enjoyment of life. 

If the victim files a personal injury claim, they can pursue compensation for their economic losses resulting from the collision. They can also seek pain and suffering damages for their chronic pain, new mental disorder, and diminished quality of life due to their inability to work or maintain relationships with friends and family.

Methods Used To Calculate Pain and Suffering Damages

Putting a dollar value on pain and suffering isn’t an easy process. There are “pain and suffering calculators” available online, but they won’t factor in the unique aspects of your case. 

Every personal injury claim must be closely evaluated based on specific facts and circumstances, including: 

  • The severity of the victim’s injuries and their long-term consequences
  • The various ways the victim’s injuries impact their daily life, including their ability to care for themself, earn a living, and enjoy activities 
  • The victim’s age and life expectancy 
  • The strength of the available evidence
  • The victim’s credibility and testimony

Using these factors and the methods outlined below, you can better understand how to value pain and suffering. 

Multiplier Method 

If the multiplier method is used, you must first assess the value of your economic damages. That value is multiplied by a number – typically between 1.5 and 5, depending on the severity of your injuries and the factors discussed above.

For example, you incurred $100,000 in economic losses after a pedestrian accident that caused a spinal cord injury. If a multiplier of 5 is used, you may be awarded up to $500,000 in non-economic damages. 

Per Diem Method 

Under the per diem method, a daily value is multiplied by the number of days you suffered between the accident date and the day you reached maximum medical improvement. The daily value may be based on your income or the abovementioned factors. 

For example, if the assigned value is $240 per day and it took 90 days for you to recover, your non-economic damages would be $21,600. 

How Do You Prove Pain and Suffering Damages? 

Once you or your attorney has calculated your pain and suffering damages, you must also prove them. 

This requires gathering crucial evidence, which might include: 

  • Medical records
  • Photographs and videos of your injuries 
  • Statements from your healthcare providers regarding your prognosis and mental health
  • Expert witness testimony regarding your injury, how it generally affects a person’s life, and the financial and emotional impact 
  • Statements from your family and friends regarding your quality of life after the accident 
  • Journal entries and other documentation of how your injury has impacted your everyday life

The more evidence you collect to prove your pain and suffering, the better your chances of recovering full and fair compensation. 

Take daily photos of your injuries (if you can see them) and document your thoughts and feelings. Note any issues or limitations you encounter due to your physical and emotional pain and suffering. Ask your family members to do the same. 

Document any inconveniences you run into or challenges you face after your accident. Keep track of your appointments with physicians, physical therapists, psychologists, and other specialists you visit. This evidence will help your attorney build your case and ensure that you receive an amount that fully compensates you.

Is There a Limit on Non-Economic Damages in Oregon? 

Oregon law currently limits the amount of non-economic damages in wrongful death cases to $500,000. 

However, the courts and legislature have been arguing over this statutory cap for years. The limitation included personal injury cases in the past, but that was recently ruled unconstitutional.

A Portland Personal Injury Lawyer Can Help You Calculate and Prove Your Pain and Suffering Damages

Identifying, calculating, and proving non-economic damages like pain and suffering isn’t straightforward. Accident victims who attempt to handle their case alone frequently receive far less compensation than they could obtain with an attorney’s help. 

If you’ve been injured in an accident in Portland, OR, you likely have many questions. Tillmann Law Personal Injury Lawyers offers a free consultation to discuss your case and answer any questions you have. Give us a call at (503) 272-8986.

Contact our Portland personal injury attorneys today to discuss your injuries and the damages you can seek for them. We’ll assess your economic and non-economic damages and fight for the compensation you deserve. 

Justin Vieth
Justin Vieth
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Shimmeri Selph
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Alan Rogers
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Thanks Aaron, we truly appreciate everything you have done for us.I know that I was a handful early on, but you handled it with a deft touch and ultimately proved yourself to be a great advocate for our family none the less.Thanks so much Bud!You have my eternal respect and gratitude.
Tim Cheredayko
Tim Cheredayko
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Tillmann helped me out a lot! Going over ever detail with the case from both sides and always informing me what is going to happen through out the case. Definitely recommend Tillmann Law!
A B
A B
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Rude. Classist. The receptionist needs some manners. Actually hung up when told was a low income family.
Justin W
Justin W
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I had the pleasure of working with Aaron and his team over the course of the last year. They were very professional and responsive. Dealing with injuries can be dreadful, but Aaron made it as painless as possible. I highly recommend.
Bonnie Thorn
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Aaron Tillmann and his entire staff were professional, empathetic and very knowledgeable. They assisted our family at a time when we were grieving the loss of our son with compassion and respect.
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Arisbet Bustos
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I am very grateful and pleased with the services of Lawyer Aaron and his team work, especially Julia, who was always attentive to my concerns and resolved my doubts with a good attitude and empathy, and best of all, she speaks Spanish. Thank you so much!!!
Ken Pollett
Ken Pollett
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I was involved in a serious auto accident. Not that there is a good time to be in any accident, it just happened to be 2020. Tillman Law and support staff kept me in the loop as the court system was disarray with all the Covid issues. The staff was very professional and courteous. In a nutshell, they took care of me.
Jordan Bedrick
Jordan Bedrick
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My husband was in a bad car accident a few years back, and he was stopped due to traffic. He was behind a fuel truck, and someone rear-ended him, going 60mph. The worst part was our 6 mo old was in our and the truck was totaled beyond repair and my husbands back injured severly he ended up with 2 broken vertebrae. Our child had ptsd any time getting into a vehicle after that. Tillman made this right even though we couldn't do much for our son other comfort him and make car rides more comfortable from there on out Tillman was able to get my husband the money he deserved after the other driver was extremely negligent and either not paying attention or on his phone or something unfortunately this was during covid and when the police came they didnt do a single thing to check for any of that. We can't say enough good things about Aaron Tillman he gave us our hope back and the ability to have back surgery to repair a lot of his back issues due to the car wreck. So if you have been in an accident definitely call Tillman Law they're amazing super professional, kind and empathetic beings who will work for the best possible outcome for your case and fight they won't just roll over and play dead they spent about 2.5 years on my husbands case never giving up. He was always super honest with my husband and always communicated everything. So again, thank you, Aaron Tillman, and thank you to your law firm for working so tirelessly. We appreciate it more than you know.
Cassie Kocker
Cassie Kocker
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Aaron is great. He is professional and personable which makes you feel cared about during the process. He will provide advice and resources so that the process is smooth and renders positive results. I highly recommend!
Michael Darling (Mike Rich)
Michael Darling (Mike Rich)
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Still working with them to this day! Great firm great people. Much recommend
Brittany Sloan
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I can’t recommend Tillman Law enough. We were in a sticky situation from a car accident in December and my partner was out of work for over a month. Aaron told us we may not be able to get those lost wages, but he would definitely try to fight the insurance for them and even then we might not see the money for a long time. It’s only been 3 1/2 months since the accident and we just got our lost funds today. Tillman Law was quick, efficient, and made this entire situation much less painful. I appreciate everything they’ve done for us.
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Jennifer nelson
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Great experience
Oksana Pavlenko
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Really pleased with my experience at Tillmann Law. Mr. Tillmann and his team were on top of my case, worked hard to answer any questions I had and finished my case in a timely manner. I was really happy with the outcome . Thank you!
Robert Swanson
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Tucker Earp
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Linette Figueroa
Linette Figueroa
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Mr. Tillman took care of my care seamlessly! He immediately hopped on my case immediately and guided me through the entire process. His team is professional, organized and well-resourced! He even went back to ensure the settlement was beyond fair. If you want someone who will fight tooth and nail on your behalf- Mr. Tillman is your lawyer!
Robert Aley
Robert Aley
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I am so happy to promote Aaron and his team. They did such an amazing job handling my case. Call them if you need service. I called him when I first needed help with my accident and he called me back within five minutes. This team is so great! I am so happy to have worked with them.
Teresa Ochoa
Teresa Ochoa
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Mr. Tillmann and his paralegal Jason were fantastic to work with! They were always available to answer my questions in a timely manner and delivered a very good outcome after I was rear ended. I would recommend their services to anyone.
Roro Roro
Roro Roro
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Amazing team at the Tillman Law, LLC . His work speaks for it self. Thank you for being professional and above all understanding to different people. God bless everyone that works there .
Mercury Nightstone
Mercury Nightstone
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Aaron and his staff, especially Jason, were all extremely courteous, timely, and professional. Highly recommend, truly appreciate your hard work!
Danielle Martin
Danielle Martin
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The Tillman Law Firm is amazing! I have been very pleased with everyone that I came in contact with concerning my case. They filed the case against the insurance company and fought hard in litigation to get what rightfully was taken from me. I would highly recommend them, they are the best in the Portland metro area!
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