Pain and suffering are a form of “non-economic” damages allowed under Colorado law as part of a personal injury lawsuit. Non-economic damages are those that are not economic in nature but can significantly affect a person’s quality of life. In Colorado, this includes inconvenience, emotional distress, impairment of the quality of life, and, of course, pain and suffering.
How Are Pain and Suffering Damages Determined
There is no precise formula for calculating pain and suffering damages. The value of your claim depends on many factors, including:
- The nature of your injuries
- The extent and severity of your injuries
- Whether or not your injuries cause permanent damage or disability
Other considerations may include the impact that your injuries have on your daily life, the emotional or psychological effects you experience, and the length of your recovery. As previously explained, pain and suffering damages are considered non-economic damages and are highly individualized.
Contact Casares Injury Law to discuss your legal options today.
How Do You Prove Pain and Suffering?
Generally, non-economic damages are subjective in nature and not easily quantifiable like lost income or medical bills may be.
To recover compensation for non-economic damages, including pain and suffering, your attorney must build a strong case with persuasive evidence. Your attorney must demonstrate the extent of how these injuries affect your life and place a value on those losses. Courts and insurance companies typically consider:
- Medical records that document the severity of the injury and necessary treatments.
- Testimony from medical experts regarding the long-term effects of the injury.
- Personal statements from the victim detailing the pain and its impact on daily life.
- Statements from family and friends who can attest to changes in the victim’s emotional and physical well-being.
- Psychological evaluations if the victim suffers from conditions like PTSD, depression, or anxiety due to the injury.
Colorado Caps on Non-Economic Damages
Colorado law places limits on the amount of compensation a victim can receive for non-economic damages, including pain and suffering. Recent legislation raised the cap on non-economic damages in most personal injury cases significantly, from $250,000 to $ 1.5 million.
- “In any civil action filed on or after January 1, 2025, and before January 1, 2026, or any claim for relief that accrues on or after January 1, 2025, other than any civil action or binding arbitration for damages in tort brought against a health-care professional, as defined in section 13-64-202 (4), or a health-care institution, as defined in section 13-64-202 (3), or wrongful death action, in which damages for derivative or direct noneconomic loss or injury may be awarded, the total amount of such damages that may be awarded must not exceed the sum of one million five hundred thousand dollars.”
Additionally, these caps are periodically adjusted for inflation, so it is essential to consult our Castle Rock car accident lawyer to understand the most up-to-date limits.
Your Rights to Compensation For Pain and Suffering in Colorado
If you have been injured due to someone else’s negligence, you have the right to seek compensation for pain and suffering. However, obtaining fair compensation often requires legal representation to negotiate with insurance companies and, if necessary, take your case to court. Our car accident attorney in Castle Rock can help gather evidence, build a strong case, and ensure you receive the maximum compensation allowed under Colorado law.
If you or a loved one has suffered an injury, don’t navigate the legal process alone. Call us now at (303) 688-7474 or complete our online form to schedule your free consultation today.