In personal injury law, “pain and suffering” refers to non-economic damages that compensate victims for the physical and emotional distress caused by an injury. This can encompass a wide range of issues, from the actual physical discomfort of an injury to the emotional and psychological trauma that may follow.
Understanding how pain and suffering is calculated is crucial for clients of Zara Injury Law and others navigating personal injury claims in Colorado. Keep reading to learn more about this type of compensation, then call a Denver personal injury lawyer at (866) 823-8288.
What does personal injury pain and suffering include?
Personal injury pain and suffering can include, but is not limited to:
- Physical pain and discomfort: This includes pain felt immediately after the injury, as well as any ongoing discomfort due to surgery, rehabilitation, and the long-term repercussions of the injury.
- Emotional and psychological distress: This can cover anxiety, depression, trauma, loss of enjoyment of life, and other emotional responses to the physical injury and its impact on one’s lifestyle and ability to engage in pre-injury activities.
How is personal injury pain and suffering evaluated?
Calculating pain and suffering is more complex than economic damages like medical bills or lost wages, as it involves a subjective evaluation of how the injury has impacted your life. Factors that influence this evaluation include:
- Severity and nature of the injury – More severe injuries typically result in higher pain and suffering awards.
- Recovery time – Longer recovery periods may increase the amount of compensation.
- Impact on daily life: How significantly the injury affects your daily routines, relationships, and overall quality of life.
- Psychological effects – The extent to which the injury has impacted your mental health and emotional well-being.
In Colorado, there is no exact formula for calculating pain and suffering. Instead, juries or insurance adjusters consider the circumstances of each case, often using methods like the multiplier method (multiplying actual economic damages by a certain number) or the per diem method (assigning a daily rate for each day the victim is affected).
Legal framework for personal injury pain and suffering in Colorado
Under Colorado law, while there are caps on non-economic damages in medical malpractice cases, personal injury cases generally do not have a statutory cap unless they involve governmental entities. This gives plaintiffs flexibility in pursuing adequate compensation for their pain and suffering.
Why expertise in personal injury pain and suffering matters
Given the complexities of evaluating and proving pain and suffering in personal injury cases, having a knowledgeable legal team like Zara Injury Law can make a significant difference.
Our expertise can help in:
- Documenting and proving pain and suffering – Through medical records, psychological evaluations, and personal testimony.
- Negotiating with insurance companies – To ensure that the non-economic damages are fairly evaluated and compensated.
- Navigating legal proceedings – Experienced attorneys can effectively argue the extent of your pain and suffering to a jury if your case goes to trial.
Let us recover all of the damages you deserve
Personal injury pain and suffering encompass an injury’s physical and emotional aftermath. Understanding how to effectively document and communicate this suffering, with the guidance of the skilled professionals at Zara Injury Law, is essential to securing the compensation you deserve. This aspect of a personal injury claim is critical to your overall recovery and future well-being.