Colorado Pain and Suffering Settlements

When someone has been injured in an accident, although they might suffer physical injuries, there is the high probability that they will also suffer emotional and mental injuries. In personal injury cases, the legal system acknowledges this type of injury or toll that can be placed upon a person after an accident. Pain and suffering settlements are a form of compensation designed to address the intangible losses that a victim experiences after being in an accident. The amount that is paid out for pain and suffering varies greatly depending on the specific circumstances of each case which is why it is so important to speak with an experienced personal injury attorney near you.

At the Law Offices of Rodemer | Kane, we have the knowledge and experience and will fight to get you the compensation you need for the pain and suffering you have endured after being in an accident. Contact our Colorado Springs law office online of call 719-437-7532 to book a free case consultation.

What Are Pain and Suffering?

Pain and suffering, in a legal context, refer to the physical and emotional distress a person is subjected to as a result of an injury. Many elements of a personal injury case are quantifiable such as medical bills or property damage, pain and suffering settlements aim to compensate victims for the less tangible, yet equally significant, aspects of an individual’s suffering.

Types of Pain and Suffering

There are a number of different things that are considered pain and suffering when it comes to accident settlements, some of the most common are:

Physical Pain – After an accident the physical pain a person goes through is factored into settlement by looking at their medical bills and treatment costs, for example if you end up with a herniated disc injury the costs related to the treatment and rehabilitation of this injury will be compensated, but it can also include the intangible physical discomfort and pain resulting from injuries sustained in an accident. It can include the immediate pain at the time of the incident, for example if you suffered a serious back injury and required spinal fusion surgery, but it also includes the ongoing discomfort during the recovery process.

Mental and Emotional Distress – Victims of a personal injury accident often end up experiencing mental anguish, emotional distress, and psychological trauma. This category of pain and suffering covers anxiety, depression, post-traumatic stress disorder (PTSD), and other emotional challenges that result from the incident.

Loss of Enjoyment of Life – Some injuries are so severe that they can impact a person’s ability to engage in activities they once enjoyed. When this is the case an individual may be entitled to compensation for the loss of enjoyment of life. This category of pain and suffering includes things like hobbies, recreational activities, or even simple daily pleasures that are affected by the injuries.

Loss of Consortium – Loss of consortium refers to the negative impact the injuries have on the victim’s relationships, particularly with a spouse or family members after an accident. Loss of consortium compensates for the strain on personal relationships caused by the injury.

Examples of Pain and Suffering Settlements

Pain and suffering is eligible in most types of personal injury accidents. It is important to understand how pain and suffering comes into play in different types of accidents.

Car Accident Pain and Suffering Case Example

The victim of a severe car accident who has suffered physical injuries is also suffering with anxiety and PTSD about being in a vehicle and is no longer able to drive due to their anxiety. This person may be entitled to pain and suffering compensation because of the emotional trauma resulting from the accident.

Medical Malpractice Pain and Suffering Case Example

A patient who has been injured in a medical malpractice case is now experiencing emotional distress which has impacted their relationship with their spouse negatively. This person may be able to pursue a pain and suffering settlement for the loss of consortium that has resulted from the medical negligence. Learn more about medical negligence by speaking to a medical malpractice lawyer near you.

Slip and Fall Accident Pain and Suffering Case Example

A person who is on vacation at a Colorado ski resort slips and falls while in the lodge of the resort on water on the floor suffering a complex fracture that leaves them unable to ski in the future. This individual may be entitled to pain and suffering compensation for their loss of enjoyment.

Workplace Accidents Pain and Suffering Case Example

A person’s back gets injured while on a job site due to some sort of negligence on the part of their employer. Their injuries are serious enough that they are no longer able to work. Because of the long-term physical limitations or emotional distress this causes for the individual they may be able to be compensated for pain and suffering.

Average Payout For Pain And Suffering in Colorado

It is important to understand when it comes to pain and suffering settlements in Colorado and the average payout a person can expect that there is a cap set on non-economic damages that a person can recover of roughly $500,000. In very specific circumstances it is possible for this amount to be exceeded but that is typically rare as Colorado has strict legal standards related to pain and suffering. It can be difficult to list an average payout for pain and suffering cases in Colorado because every case is different but because of the restrictions related to non-economic damages these cases will typically not exceed $500,000. If you have suffered catastrophic injuries that have significantly impacted your life then it may be possible to fight for a larger settlement. When this is the case it is imperative that you speak with an experienced personal injury lawyer near you in Colorado as soon as possible.

Contact a Colorado Pain And Suffering Attorney Near You

Pain and suffering settlements can help to alleviate some of the emotional stress that can be caused due to an accident by compensating individuals for the intangible losses they endure. These settlements acknowledge the holistic impact of a personal injury case, and recognize that the aftermath after an accident involves not only physical pain but also emotional and mental suffering. If you find yourself in a situation where you’ve experienced significant pain and suffering due to someone else’s negligence, please contact the Law Offices of Rodemer | Kane online or call 719-437-7532 to book a no obligation free case consultation. We are happy to work with you and answer any questions you might have.