If you’ve been in a car accident in Portland, you know that the impact of the incident goes far beyond fixing your car or paying medical bills. The pain, the stress, and the burden on your daily life can feel overwhelming. Fortunately, Oregon law allows you to claim compensation for a range of harm you’ve suffered in an accident someone else caused – not only for the tangible medical bills and repair costs, but also for the intangible pain and suffering that you felt.
To learn more about the pain and suffering damages you might be entitled to, contact the Portland car accident lawyers with Rizk Law. We offer free consultations to car accident victims throughout Oregon and the Pacific Northwest, and you owe no attorney fees unless we recover compensation for you. Let us help you demand justice for all that you’ve endured.
What Is Pain and Suffering in Portland Car Accident Claims?
In Oregon, the term “pain and suffering” refers to both the physical pain from your injuries and the emotional toll the collision took, and continues to take, on you. However, “pain and suffering” isn’t just legal jargon – it’s the real, everyday struggle you face after a crash.
This aftereffect may involve constant aches, headaches, or trouble moving like you used to. Maybe you need to deal with the consequent anxiety, nightmares, or sadness that resulted from the collision. Oregon law recognizes these struggles as real, meaningful losses, and it gives you the right to seek compensation for them.
The law defines these as “noneconomic losses,” which means they do not have an associated bill or receipt that specifies a monetary amount. Instead, they reflect the personal cost of your injuries: chronic pain, emotional distress, loss of enjoyment in life, and frustration because you cannot do what you love.
Common Types of Pain and Suffering After a Crash
Car collisions can leave more than just bruises. They also leave victims struggling with:
- Physical pain – Broken bones, whiplash, back injuries, and lingering soreness can make even simple tasks feel impossible.
- Emotional distress – Anxiety, depression, or even post-traumatic stress can sneak up on you, changing how you feel about driving or even just going about your day.
- Lifestyle changes – Loss of independence and joy can take as much of a toll as your physical injuries themselves, such as if you can’t play with your kids, go for a run, or work like you used to.
The legal concept of pain and suffering emphasizes the effects on your life that you did not pay monetarily for, yet suffer from just the same. It’s not just about where your body hurts – it’s also about what you have lost.
How Pain and Suffering Is Calculated in Portland
Oregon law does not specify one method to calculate the value of your pain and suffering. In cases that go to trial, juries have broad leeway to determine a number they think is fair based on the evidence presented to them. For cases that settle before a trial verdict, insurance companies and lawyers often use one of the following two approaches:
- Multiplier method – With this method, you start by adding up the financial cost of your injuries, including your medical bills and lost income. Next, you agree upon a multiplier of between 1.5 and 5, with a higher multiplier corresponding to more severe injuries. The final number is your compensation for pain and suffering damages.
- Per diem method – This approach assigns a daily dollar amount to your pain and suffering, which could be the cost of your daily wage. Then, multiply that by the number of days your pain and suffering will last.
Factors like the time it took (or will take) you to recover, whether your injuries are permanent, and their impact on your life all play a role in figuring out a fair compensation amount. Your age, your overall health before the accident, and your ability to return to work will also affect the final number.
Oregon used to limit pain and suffering payouts, but the Oregon Supreme Court struck down this cap for most personal injury cases in 2020 (Busch v. McInnis Waste Systems, Inc.). This means that under current laws for Oregon pain and suffering compensation, you have the right to a full and fair remedy for your losses.
Proving Pain and Suffering in Your Claim
To receive just compensation for pain and emotional distress after a car crash, you need to show how the incident changed your life. You can help your case by doing the following:
- Keeping detailed notes or a journal about your pain, struggles, and the crash’s impact on your daily routine
- Saving medical records, photos, and any notes from doctors or therapists
- Asking friends, family, or coworkers to share how you have changed since the incident
Never underestimate the power of your own story. Your words, your experiences, and the testimony of those close to you can powerfully convey the ways the collision affected your well-being. Photos of your injuries, records of missed workdays, and even voice memos to loved ones about your struggles can further support your testimony.
Why You Need a Portland Car Accident Lawyer
Insurance companies are for-profit businesses, and they might try to downplay your pain or push you to settle for less than you deserve. A knowledgeable Portland car accident attorney at Rizk Law can fight back against these attempts to undervalue your case or trick you into accepting less than its fair value. To do this, we will:
- Gather compelling evidence to support your personal injury claim
- Work with your doctors to fully document your car accident injuries
- Negotiate forcefully with insurance companies
- Timely file your casework to avoid jeopardizing your case
- Represent you in court as necessary
Our team at Rizk Law understands how to prove pain and suffering in Oregon car accident claims, and we help personal injury victims from all walks of life. No matter the scope of your injuries, we will take the time to get to know you and what matters most in your recovery.
On the Road to Recovery With Rizk Law
You don’t have to face the aftermath of a car collision alone. Pain and suffering are real, and you deserve to receive just compensation for what you’ve endured. The Portland personal injury attorneys at Rizk Law have helped victims just like you recover millions of dollars in compensation for their physical injuries and emotional pain and suffering alike. To quote one of our previous clients:
Jaqueline and the team did an awesome job with my insurance claim after a pretty bad car wreck. They were very knowledgeable and took care of everything from start to finish. They maximized my settlement and Took all of the stress and worry off me and were very very thorough. I Will definitely refer any of my friends and family that need any help like this in the future. Thank you again.
When you are ready, contact us to talk about pain and suffering in your Portland car accident claim. Our experienced legal team is here to help you move forward – one step at a time.