How Are Pain and Suffering Damages Calculated in Lakewood, CO?

Were you injured in a truck accident, bicycle accident, or some other type of accident in Lakewood, CO? If you were, you may be recovering from physical injuries and dealing with unexpected expenses, such as property damage or lost wages.

You may also have suffered emotional or psychological injuries in the accident, such as pain and suffering or mental anguish. These consequences are referred to as non-economic damages, as they relate to emotional rather than financial impacts. 

Pain and suffering and other non-economic damages can be difficult to assess due to their subjective nature. An experienced Lakewood personal injury lawyer will review your case and advocate for you to receive compensation for all of your damages. 

Let’s look more closely at pain and suffering damages and how they are calculated.

What Are Pain and Suffering Damages?

What Are Pain and Suffering Damages?

Pain and suffering is a term that relates to the physical and emotional suffering caused by an injury. They may include pains, aches, discomfort, and psychological trauma caused by an injury or accident.

What Role Do Damages Play in a Personal Injury Case?

Damages are an essential part of a personal injury claim.

Most personal injury claims are founded on negligence. This means the at-fault party failed to exercise reasonable care and caution, and their actions resulted in the accident.

To prove negligence, you must prove the four elements of negligence, which include:

As you can see, damages are an essential part of your personal injury claim. 

What Damages Are Available in Colorado Personal Injury Cases?

The primary remedies in Colorado personal injury cases are damages. There are two main types: economic damages and non-economic damages. 

Economic Damages

Economic damages concern the direct financial consequences of the accident. Medical expenses, vehicle repairs, property damage, and lost wages are all economic damages. 

Non-Economic Damages

Non-economic damages concern the other consequences of the accident and are usually emotional or psychological. Pain and suffering damages are non-economic damages.

The following are also non-economic damages:

Non-economic damages are subjective and, therefore, difficult to calculate precisely. However, an experienced personal injury lawyer can review your case and reasonably assess the extent of your non-economic damages.

What’s the Value of My Non-Economic Damages Claim?

It’s impossible to estimate the value of your non-economic damages without reviewing the details of your accident and injuries.  Many factors will influence the value of your claim, including:

In addition, your pain and suffering damages will be limited by Colorado’s cap on non-economic damages. As of January 1, 2024, Colorado’s cap on non-economic damages is $642,180. If the court finds clear and convincing evidence warranting an increase, however, the court can award up to $1,284,370.

How Are Pain and Suffering Damages Calculated?

The value of your pain and suffering damages, or other non-economic damages, depends on many factors. However, there are formulas that attorneys can use to help calculate non-economic damages. 

These are just a couple of methods your personal injury attorney may use.

Contact an Experienced Lakewood Personal Injury Lawyer To Discuss Your Case

If you were injured in an accident in Lakewood, CO, you may be able to recover compensation for pain and suffering damages in addition to compensation for your financial losses. In fact, oftentimes, non-economic damages add up to most of a personal injury case’s value. 

Contact our skilled Lakewood personal injury lawyers at Matos Personal Injury Lawyers to schedule your free consultation. Give us a call at (720) 912 7274.