In Kansas, when an individual is injured due to another party’s negligence, they may be entitled to compensation for more than just their medical expenses and lost wages. Pain and suffering, which encompasses physical pain, emotional distress, and the impact on one’s quality of life, is a significant part of the damages awarded in personal injury cases. But how exactly is pain and suffering calculated? Let’s dive into the key factors involved.
When you are facing challenges you never expected, Melinda Young is here to help. She will work with you to build a strong case right away. Your main focus should be on your health and well-being. Let us focus on getting you the best results possible.
Fighting for You.
What Is Pain and Suffering? 
Pain and suffering is a legal term used to describe the physical and emotional distress caused by an injury. It goes beyond the measurable costs of medical treatment or lost earnings and is often seen as a way to compensate for the lasting impact the injury has on an individual’s life. This includes:
- Physical pain from the injury itself
- Emotional distress, such as anxiety, depression, or fear caused by the accident and its aftermath
- Loss of enjoyment of life, which can involve an inability to partake in regular activities or hobbies due to the injury
- Permanent disability or disfigurement
How Pain and Suffering Is Calculated in Kansas
Unlike economic damages, such as medical bills and lost wages, pain and suffering are subjective and not easily quantified. Kansas law does not have a set formula for calculating pain and suffering, which means that several factors can influence how much a person may be awarded.
Melinda is an asset to the city of Hutchinson and its legal community. I know she treats her clients with compassion and professionalism. It's a privilege to provide her an endorsement.
Ethan
Nicholas
Gabriel
Factors That Influence Pain and Suffering Calculations
- Severity of the Injury
The more severe the injury, the higher the potential pain and suffering award. Severe injuries that lead to permanent physical disabilities or disfigurements are typically compensated more generously than minor injuries. - Duration of Recovery
How long it takes for the injury to heal—or if it is permanent—affects the calculation. If a person experiences prolonged pain or the injury has long-lasting effects, this will typically result in a higher award. - Impact on Quality of Life
If the injury significantly reduces a person’s ability to perform daily activities, such as working, caring for themselves, or engaging in hobbies, this can increase the compensation awarded for pain and suffering. - Medical Evidence
Strong medical documentation and expert testimony can be pivotal in establishing the extent of pain and suffering. This includes reports from doctors, mental health professionals, and other experts who can explain the lasting impact of the injury on the person’s life. - Jury’s Discretion
In some Kansas injury cases, pain and suffering compensation is determined by a jury, who will use their discretion to evaluate the case. Jurors may consider the circumstances of the accident, the severity of the injuries, and the emotional toll on the victim.
Common Mistakes in a Personal Injury Claim Choosing a Car Accident AttorneyRelated Videos
Methods for Determining Compensation
There are two primary methods used to calculate pain and suffering damages in Kansas:
- Multiplier Method
The multiplier method involves multiplying the total of the victim’s economic damages (e.g., medical expenses, lost wages) by a factor that reflects the severity of the pain and suffering. For example, if your economic damages total $50,000 and the pain and suffering factor is 3, the total award for pain and suffering would be $150,000. - Per Diem Method
The per diem method assigns a dollar amount for each day the victim suffers from the injury. This method is less common in Kansas but is used in cases where the victim’s pain and suffering can be tied to specific days or periods of time.
Kansas’s Cap on Pain and Suffering Damages
Kansas imposes a cap on non-economic damages, which includes pain and suffering, in certain types of personal injury cases. As of the current laws, the cap for pain and suffering damages in medical malpractice cases is set at $325,000. However, in other types of injury cases, there is no specific cap, and compensation can be based on the jury’s findings.
How to Maximize Pain and Suffering Compensation
To maximize compensation for pain and suffering, it is important to work with an experienced personal injury attorney. They can help gather the necessary medical evidence, secure expert testimony, and present your case in the best possible light. Some strategies include:
- Documenting everything: Keep a detailed record of medical treatments, emotional distress, and how your injury impacts your day-to-day life.
- Seeking the right medical care: Ensuring that you get proper treatment and follow-up care shows the jury the severity of your injury.
- Collaborating with experts: Expert witnesses, including medical professionals and psychologists, can provide valuable testimony on the extent of your pain and suffering.
In Kansas, calculating pain and suffering in injury cases is a complex process that depends on many factors. While there are no set formulas, an experienced attorney can help you navigate the process and fight for fair compensation. If you’ve suffered an injury and believe you are entitled to pain and suffering damages, contact Melinda Young Law to discuss your case and get the support you need.