How is pain and suffering calculated in a catastrophic injury case?

In Oregon, pain and suffering can be calculated to determine the extent of a catastrophic injury case. Pain and suffering are typically determined by looking at medical evidence, testimony from witnesses, the plaintiff’s medical records, and other evidence. In Oregon, the courts typically consider both the physical and emotional pain and suffering endured by the plaintiff. For example, the physical pain and suffering might include the physical pain resulting from the catastrophic injury, such as scarring, amputation, or disfigurement. For emotional pain and suffering, the plaintiff might experience fear, anxiety, depression, or other mental anguish due to the catastrophic injury. In addition to physical and emotional pain and suffering, Oregon courts also consider non-economic losses, including the plaintiff’s loss of enjoyment of life. This can include the plaintiff’s inability to participate in activities they once enjoyed or to partake in activities that would have improved their quality of life. The court will also consider the plaintiff’s loss of income or earning capacity due to their catastrophic injury, as well as the cost of medical care or other treatments. In the end, the court will consider all of these factors when determining a plaintiff’s award in a catastrophic injury case. The court will then weigh the evidence and make a determination of the amount of damages the plaintiff is owed for their pain and suffering.

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