Understanding Pain and Suffering Damages
Pain and suffering refers to the physical and emotional distress caused by an injury. Unlike medical bills or lost wages, these damages are subjective—but they're often worth more than your economic damages.
Types of Pain and SufferingPhysical Pain
- Ongoing pain from injuries
- Discomfort during recovery
- Permanent limitations or disabilities
Emotional Distress
- Anxiety and depression
- PTSD from the accident
- Fear of driving or being in vehicles
- Sleep disturbances
Loss of Enjoyment
- Activities you can no longer do
- Hobbies you've had to give up
- Reduced quality of life
Calculation MethodsThe Multiplier Method
Multiply economic damages by 1.5 to 5 based on severity:
- Soft tissue injuries: 1.5 - 2x
- Fractures, moderate injuries: 2 - 3x
- Severe/permanent injuries: 4 - 5x+
The Per Diem Method
Assign a daily rate for pain and multiply by days of suffering. For example, $200/day for 365 days = $73,000.
Factors That Increase Pain and Suffering Awards
- Permanent or disfiguring injuries
- Long recovery periods
- Impact on work and daily activities
- Strong documentation (journals, therapy records)
- Credible, sympathetic plaintiff
Colorado's Cap on Non-Economic Damages
Colorado caps non-economic damages at approximately $729,790 (adjusted annually). However, this cap can be exceeded in cases involving:
- Permanent physical impairment
- Permanent disfigurement
Maximize Your Recovery
Documenting your pain and suffering is crucial. Contact Brad Freedberg at (303) 892-0900 to learn how we can help maximize your claim.