How Much is Pain and Suffering Worth in a Car Accident?
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Your state’s rules and the severity of your injuries will determine the value you may demand your pain and suffering after a Colorado Springs car accident.
There is no standard for the value of pain and suffering after a Colorado Springs car accident. Nevertheless, a Colorado Springs car accident lawyer will help your injury lawyer determine how much financial compensation you may be entitled to receive.
The pain and suffering formula insurance companies use
This formula has three components:
They will first collect the money that is already owed to you, and it includes things like the price of medical care, car maintenance, and anything else of a tangible kind. The simple math is already done here.
The next step is an attempt to “rate” the seriousness of your predicament. If you think this is not easy, you are right. This is a very subjective matter. And yet, you can not deny that there is some truth to it. For example, if you have to deal with discomfort for the next six months, that is horrible, but dealing with it for the rest of your life is much worse.
It might be much more distressing if you lose the ability to walk. They give you a number between 1 and 5 based on how much pain you have gone through.
The rating is then multiplied by the initial reason. If your medical bills and other hard expenditures were $50,000 and your pain and suffering rating was about a 3, you would be entitled to pain and suffering damages of around $150,000.
This method to determine pain and recovery compensation is not flawless, but it generally works. Those who have endured more hardship get more significant rewards. But you must still provide evidence to support your claims. Insurers often undervalue pain and suffering damages. You need a Colorado Springs car accident lawyer to protect your interests because of this very reason.
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What Are Pain and Suffering Damages?
The legal phrase for describing and allocating compensation for the whole degree of trauma and harm involved in a personal accident injury case is “pain and suffering damages.” Although they are regarded as non-economic damages, they may swiftly change into other categories if they influence your ability to make money or result in high enough medical treatment and costs.
A competent accident damage solicitor can carefully present facts and evidence to increase the “dollar amount” of your compensation. Given that many car insurance companies and firms are skilled at attempting to reduce this amount, this might be pretty essential.
The legal word for the effects of your accident injuries on your life is “pain and suffering.” It is intended to consider physical injuries and mental and emotional discomfort. You must have had physical harm due to your accident to be entitled to pain and suffering damages.
Examples of damages for pain and suffering could be:
Scarring or disfigurement
Worry or fear
Loss of enjoyment of life
Anxiety and depression from your accident
Mental health issues
Impact on your daily life
Suffering pain physically
Mental health treatment
In most car accident situations, there is a chance to get compensation for pain and suffering. However, because things like concern or sleeplessness do not have a specific monetary value, you and your solicitor must determine how much these damages are worth.
The goal of a personal injury claim is to “make you whole again,” The only method the legal system is aware of compensating you for your suffering is money. Money does not change what occurred due to the car accident settlement, but we find it easier for our clients to pay their medical bills and go on.
How Much Money do people request in your pain and suffering settlements?
To properly assess the worth of your suffering claim and calculate pain and settlements in Colorado, you must first understand what constitutes “pain and suffering” in that state.
Injuries may cause physical pain and emotional distress, which are included in “pain and suffering.”
Such losses may be included in a pain and suffering award if the insurance company says they are directly attributable to the incident.
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Establishing Pain and Suffering
You have to prove that the injury or occurrence was the direct cause of your pain and suffering to be compensated for it. For instance, if you have been hurt in a car crash, you must show that the event was the direct cause of your pain and suffering claim.
With a doctor or therapist’s assistance and free consultation, you may provide evidence of your suffering.
You could have to establish in court that:
A medical professional helped you with your physical pain;
You got psychological therapy from a mental health practitioner;
You have experienced the permanent loss of a limb or deformity of your body; or
You cannot engage in the activities that used to bring you joy.
Proving that the occurrence was the direct cause of your pain and suffering is the key, regardless of your pain and suffering. In many cases, it is easier to get medical records to prove a fact like an amputation than to establish a more subtle but no less actual condition like sleeplessness or worry.
When a plaintiff seeks damages for mental anguish, the defendant may attempt to cast doubt on the claimant’s injuries and the claim’s legitimacy by claiming the plaintiff’s problems were already present. We shall get into specific cases of pain and suffering settlements later on.
Tenge Law offers free consultations to anybody concerned about a personal injury car accident case. Our company has a stellar reputation among personal injury lawyers in Colorado because of our history of successful multimillion-dollar settlements. Make the call now at (303) 622-0944!
What are Pain and Suffering Settlement Examples in Colorado?
Depending on the specifics of your case, a payout for pain and suffering may be fair. Your injuries’ duration, nature, and severity may affect your settlement amount.
You may get less compensation for lost wages and your pain and suffering depending on how much money you seek in economic damages from your injury claim. It is common for non-economic losses to surpass monetary damages, which may be estimated by multiplying them by a number between 1 and 5.
Yet, jurors are allowed substantial leeway in determining the amount of compensation to be paid out for emotional distress. While deciding your payment, they will consider all the facts presented.
Non-economic damages have a maximum award in Colorado, but economic damages do not. In most cases, the amount of money that may be awarded for damages unrelated to a lawsuit is financial losses are capped at about $500,000.
Given this, it is safe to assume that most pain and suffering compensation settlements will not be worth more than $500,000.
The Colorado courts employ a stringent legal threshold in cases where non-economic losses exceed the limit. Consult a personal injury attorney immediately if you think your non-economic losses may exceed the limit.
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Types of Pain and Suffering
Expenses incurred from car accidents, such as medical care, time away from work, and repairs to damaged or lost property, are easy to calculate with receipts and proof of purchase. But, non-economic losses, such as pain and suffering, are more difficult to quantify and are thus compensable.
Some possible after-effects of a car collision include the lists below.
To some extent, you may be able to get money for the harm done to your body. How much money you could get for your bodily severe injury or suffering depends on how severely you were hurt.
If you had to have extensive surgery because of your injury instead of only breaking your finger, you might expect a larger reward for bodily discomfort.
The physical pain of traumatic brain injury and the financial strain that follows an auto accident are major sources of anxiety. You might be entitled to damages if the car accident victims caused your mental health problems such as depression, anxiety, PTSD, or other conditions.
Disfigurement and Disability
Between 20 and 50 million individuals get injuries each year from car accidents, with many suffering lasting disabilities, as reported by the World Health Organization (WHO).
The loss of a limb, extensive scarring, or a lifelong impairment such as paralysis may all qualify you for financial compensation. Maybe you can estimate how much money you will need to replace your lost income or how much you will need to pay for your handicap. Yet, the intangible losses incurred due to deformity or handicap include the impact on one’s quality of life, psychological health, and other areas.
You may be entitled to compensation if, for instance, your injuries prevent you from engaging in past pastimes and interests.
Loss of Consortium
You may be entitled to damages if your injuries strain your family. One such loss may be the inability to offer the same emotional support to one’s spouse as one formerly did before a severe car accident case a Colorado Springs car accident victim.
Keeping a daily journal of your feelings, how other people treat you, how you treat others, and what you can and cannot help you put a monetary value on your emotional pain and suffering.
Damage Caps on Pain and Suffering
The amount of money you may get for the psychological and bodily harm you endured due to a Colorado Springs car accident at-fault driver is capped in most jurisdictions. Jury awards for more severe injuries also are limited to prevent excessive payouts to plaintiffs.
It would be best if you went to a Colorado Springs car accident lawyer familiar with the laws in your state regarding non-economic damages to property damage to find out whether there are any exceptions to these general guidelines.
A Colorado Springs car accident lawyer Can Evaluate Your Damages
Valuing your pain and suffering after a Colorado Springs car accident may be challenging without professional help. A barrister is a good resource if you need assistance figuring out how much your claim is worth.
Our car accident lawyers can access various methods for calculating the monetary value of non-economic damages, such as emotional distress. They will subsequently be able to represent you in negotiations with the other driver’s insurance company and, if necessary, in court before a judge and jury.
Contact Warrior Car Accident Lawyers, Today
Warrior Injury Law Firm’s Car Accident Team knows how difficult it is for you and your loved ones to deal with all that must be done after a Colorado Springs car accident. It would be best if you did not have to shoulder the financial burden of someone else’s carelessness, including the cost of medical care, repairs to damaged property, and missed income.
Your accident may have resulted from someone else’s carelessness, making you eligible for financial compensation. No one expects you to face the judicial system on your own. If you have been hurt in a Colorado Springs car accident, a team member can help you determine how much money you are entitled to receive as compensation.
All payments made in advance or out of pocket will be returned. If we are successful, we will only ask for money as a percentage of the final settlement or judgment.
Call us at 719-300-1200 right now to schedule your free, no-obligation consultation.
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