Is There a Limit to Pain and Suffering?
Pain and suffering often represent the largest component of a personal injury claim. It encompasses the extensive physical and emotional distress endured by the victim beyond financial losses. These damages are distinct from tangible losses like medical bills or lost wages. Is there a limit to pain and suffering damages? The answer depends on several factors, including the nature of the injury and the specific circumstances of the case.
If you need help with injury related accidents, get strong legal representation from an experienced personal injury attorney in Colorado.
Pain and Suffering Caps in Colorado Personal Injury Claims
Colorado imposes pain and suffering compensation limits for accidents occurring between January 1, 2024 and December 31, 2025.
General Personal Injury Cases
According to C.R.S. 13-21-102.5(3)(a) & 13-21-102.5(3)(b), the cap on pain and suffering damages for general personal injury claims is $437,880. In case clear and convincing evidence is available, the limit is raised to $729,790 (plus inflation). Notably, in some states, such as New York, there is no statutory limit on pain and suffering.
Medical Malpractice Cases
In medical malpractice cases, the cap is $300,000 for non-economic damages in Colorado. However, the total cap on damages in medical malpractice cases, including both economic and non-economic damages, is $1 million. In some exceptional cases, the court may allow exceeding this cap if clear and convincing evidence demonstrates that it is insufficient to compensate the plaintiff fully.
Wrongful Death Cases
Pain and suffering compensation limits are set at $679,990 according to C.R.S. 13-21-203(1), but it can be adjusted for inflation. Fixed solatium for grief and sorrow is $135,990. However, if the wrongful death results from felonious killing or another similar crime, this cap may not apply for compensation obtained by families.
Adjustments and Exceptions
It is important to note that these limits can be adjusted periodically for inflation, so it is essential to consult with an experienced attorney. There are several exceptions and specific circumstances may affect the applicability of these caps.
No Limits on Permanent Impairment and Disfigurement Damages
In Colorado, damages for physical impairments and disfigurement are treated distinctly from both economic and non-economic damages. Unlike non-economic damages, these particular damages are not subject to statutory caps. These types of damages often represent the most severe and impactful consequences of a defendant's negligence and are essential considerations for fully compensating injured people.
When a person inflicts a permanent injury on another through tortious actions, they deprive the injured party of something significant beyond just pain, suffering, and loss of earning potential. In such instances, the injured plaintiff deserves an additional, separate amount of compensation apart from economic and non-economic damages. This additional compensation should be proportional to the severity of the injury sustained.
Methods for Calculating Pain and Suffering in Personal Injury Claims
There is no standard formula for calculating pain and suffering in Colorado. In general, there are two methods to calculate noneconomic damages:
Multiplier Method: This method involves multiplying the victim's actual damages (medical expenses, lost wages) by a certain number (usually between 1.5 and 5) to estimate pain and suffering.
Per Diem Method: This method assigns a daily rate to the victim's pain and suffering and multiplies it by the number of days the victim is expected to endure the pain.
Factors Influencing Pain and Suffering Awards
Severity of Injuries
More severe injuries, such as permanent disabilities or chronic pain, typically result in higher pain and suffering pay. This is usually the way in auto accidents.
Duration of Recovery
Longer recovery periods, permanent conditions, and long-term trauma increase the amount awarded for pain and suffering.
Impact on Daily Life
Significant lifestyle changes, loss of enjoyment of activities, and reduced access to other pleasures due to the injury contribute to higher compensation.
Emotional and Psychological Impact
Anxiety, depression, and other psychological effects require greater funds and are key factors in determining pain and suffering damages.
Medical Evidence and Expert Testimony
Detailed records of medical payments, counseling sessions, expert testimonies, and others substantiate the extent of physical and emotional suffering.
Age and General Health of the Victim
Younger victims or those in good health prior to the injury may receive higher awards due to the greater impact on their future quality of life.
How an Experienced Colorado Personal Injury Attorney will Maximize Your Pain and Suffering Damages
Detailed Documentation
Medical Records: Attorneys gather comprehensive medical records that detail the extent and severity of injuries. This includes doctor’s notes, hospital records, and physical therapy reports.
Pain Journals: Encouraging clients to keep a daily pain journal documenting their physical and emotional pain, limitations, and how the injury affects their daily care.
Expert Testimony
Medical Experts: Hiring medical experts to testify about the extent of the injuries, the expected recovery time, and the long-term impact on the victim’s life.
Psychologists and Therapists: Using psychologists or therapists to provide testimony on the emotional and psychological impact of the injury, such as anxiety, depression, or PTSD.
Demonstrating Impact on Life
Day-in-the-Life Videos: Creating videos that show the daily challenges and limitations the victim faces due to their injuries, helping to illustrate the extent of their suffering.
Witness Testimonies: Gathering statements from family members, friends, and coworkers who can attest to the changes in the victim’s behavior, mood, and quality of life.
Highlighting Long-Term Effects
Future Medical Needs: Documenting future medical treatments, surgeries, and rehabilitation program that the victim will require due to their injuries.
Permanent Disabilities: Emphasizing any permanent disabilities or disfigurements and how they will continue to affect lives.
Leveraging Precedents and Case Law
Citing Similar Cases: Referencing past cases with similar injuries where significant pain and suffering awards were granted to support the lawsuit.
Legal Precedents: Utilizing legal precedents to argue for higher pain and suffering damages based on previous court decisions.
Get Dedicated Colorado Personal Injury Attorneys on Your Side
If you have been injured due to someone else's negligence, Zobel Legal Group is here to help you get the full compensation in which you are entitled. Colorado personal injury lawyer Wade Zobel has hands-on experience in maximizing the pain and suffering component of personal injury claims. Our stalwart advocates will employ all necessary resources to make sure that every aspect of your physical and emotional distress is thoroughly documented and compellingly presented. To schedule your free consultation, call us at 720-434-6674 or contact us online.