While many personal injury claims focus on economic damages that have a certain dollar and cents value to them, accidents affect people in ways other than monetary ones. Colorado law allows you to seek compensation for these non-economic damages, including physical and emotional pain and suffering. This leads to the question of how pain and suffering damages are calculated.
The answer depends on who is doing the calculation, the strength of your evidence, and the skill of your personal injury lawyer.
Insurance Methods of Calculating Pain and Suffering
Insurance companies are motivated to settle claims for as much as possible, so they may use one of the following methods to calculate pain and suffering:
The Per Diem Method
This simplistic approach assigns a certain dollar amount for pain and suffering and multiplies it by the number of days the victim suffered. For example, if the insurance company said your daily suffering was worth $100 and you were suffering for ten days, your pain and suffering claim would be worth $1,000. The longer you suffered and the higher the amount assigned to your daily suffering, the higher the award.
The Multiplier Method
This method assigns a variable, typically between 1.5 and 5, to represent your pain and suffering. This variable is multiplied by your economic damages. Higher variables are assigned for more serious injuries. So, if your multiplier is 2 and you had economic damages of $50,000, your pain and suffering would be worth $100,000 in this example.
Factors Considered by Judges and Juries
Judges and juries will usually consider what they believe their own pain and suffering would be worth if they had been injured to determine a fair amount of compensation for pain and suffering. They might consider factors such as:
- The intensity of pain
- The duration of pain
- How easily your doctors can diagnose your pain
- The nature of your pain
- The types of injuries you suffered that are causing you pain
- Mental limitations caused by your pain
- Difficulty enjoying life due to the pain
- Whether you are diagnosed with any type of mental health condition because of the pain
- How your pain affects your ability to enjoy relationships with loved ones
Colorado Damage Caps
For cases filed after January 1, 2025, or for legal actions that accrue on or after this date, the general limit for pain, suffering, and other non-economic damages is $1.5 million under Colorado law. The damage cap is reduced to $250,000 in medical malpractice cases unless the court finds clear and convincing evidence to award a larger amount.
Contact Dulin McQuinn Young to Speak to Our Tough Personal Injury Lawyers
At Dulin McQuinn Young, we want to help maximize every aspect of your personal injury claim, including your pain and suffering damages. The at-fault party should be made to pay fair compensation for the harm they’ve caused you. Contact us today to schedule your free consultation with one of our dedicated personal injury attorneys.