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When Can You Seek Compensation for “Pain and Suffering” After a Car Accident in Colorado?

by  on  Accident Attorney

Injuries from car accidents can lead to a lifetime of pain and suffering. Even if you will recover eventually, the pain and suffering you experience during the recovery process can take a severe toll on many aspects of your life.

But, what does it mean to experience “pain and suffering,” and when can car accident victims seek financial compensation for their non-financial losses? Here is a brief introduction from the Denver automobile accident lawyers at Levine Law:

What it Means to Experience “Pain and Suffering” after a Car Accident

“Pain and suffering” is a general term that describes the various physical and emotional effects that can flow from a traumatic accident-related injury. In Colorado, “pain and suffering” includes effects such as:

  • Physical pain
  • Physical impairment
  • Fear, anxiety and worry
  • Depression and grief
  • Emotional trauma due to scarring and disfigurement
  • Inconvenience
  • Reduced quality of life
  • Loss of quality time with your spouse and children
  • Loss of enjoyment of life
  • Post-traumatic stress

Everyone’s circumstances are unique, and you do not have to experience effects in each of these categories in order to seek damages for pain and suffering. However, for many people, the physical and emotional effects of an auto accident can be far greater than they appreciate initially. To avoid settling your insurance claim for too little, it is critical to make sure you have a comprehensive understanding not only of how your injuries affect you now, but how they will impact your life in the future.

When seeking financial compensation for pain and suffering, it is also necessary to be able to prove the extent to which you have been forced to endure (and will be forced to endure) debilitating and life-changing effects due to your injuries. In cases involving severe traumatic injuries, pain-and-suffering awards can be substantial, but the insurance companies won’t pay unless they are convinced that they owe. Some of the ways to help prove your claim for compensation for pain and suffering include:

  • Physical diagnosis
  • Psychological diagnosis
  • Long-term treatment and therapy plans
  • Keeping a daily pain journal
  • Documenting the various other ways your injuries impact your life (i.e. not being able to go to work, watch your children perform, or spend time with friends and family)

Calculating Financial Compensation for Pain and Suffering in Colorado

There are two primary ways to calculate pain and suffering damages: (i) the “multiplier” method, and (ii) the “per diem” method. With the multiplier method, damages for pain and suffering are based on a multiple (typically one to five) of the victim’s financial losses. With the per diem method, damages are calculated based on a daily rate that is applied for each day that the victim has experienced (and will experience) pain and suffering.

Speak With a Denver Automobile Accident Lawyer for Free

Calculating financial compensation for pain and suffering is not easy, but it is a critical part of the recovery process. If you would like more information, we invite you to call 303-333-8000 or contact us online for a free consultation.