When the average person hears the term “pain and suffering” in relation to a personal injury case, they are likely to wonder how one could assign a monetary value to an intangible loss such as physical pain or emotional suffering. When looking at pain and suffering settlement examples in Denver, you may notice trends that can help make a more accurate prediction for your own case, but ultimately, every personal injury case is entirely unique.
Understanding Pain and Suffering Compensation in Denver Personal Injury Cases
A Denver personal injury lawyer is the ideal asset to have on your side, no matter what your claim entails. They can help you understand the various elements of your case and maximize your recovery, including the pain and suffering compensation you obtain from a defendant. Colorado law allows a personal injury plaintiff to seek pain and suffering compensation, but there are limits to this aspect of a personal injury case award.
With few exceptions, the most a plaintiff can claim in pain and suffering compensation in a personal injury case is $500,000. However, it is possible for this cap to be adjusted under certain conditions. The determining factor when it comes to calculating a plaintiff’s pain and suffering compensation is the severity of their injuries. A plaintiff who has suffered a permanently disabling injury is likely to obtain more compensation than one expected to fully recover.
Pain and Suffering Settlement Examples in Denver
Attorneys can typically use one of two common methods for calculating pain and suffering compensation for their clients. First is the multiplier method. The attorney adds up the total of their client’s economic losses and then multiplies this amount by a factor that reflects the severity of their injuries. The second is the per diem method. This method focuses on the time it takes for the plaintiff to fully recover, awarding compensation per day spent in recovery.
An example using the multiplier method would look something like this: The plaintiff suffered an injury with a high chance of causing adverse symptoms for months or even years after initial recovery, and their medical expenses amounted to $200,000. Due to the severity of their injury, their attorney used the multiplier method and multiplied their medical expenses by two, seeking $400,000 in pain and suffering compensation.
An example using the per diem method would look something like this: The plaintiff is expected to fully recover from their injury with minimal long-term or permanent harm. It takes them 100 days to recover from their injury, and due to the pain and discomfort involved, their attorney determines $200 per diem to be a fair amount. Multiplying this daily amount by the 100 days the plaintiff spends in recovery amounts to $20,000 in pain and suffering compensation.
Remember that these are general examples of how pain and suffering can be calculated. Every personal injury case is different, and cases involving catastrophic injuries generally yield the highest amounts of pain and suffering compensation. The most important thing you can do to increase the total case award you obtain for your personal injury is to connect with an experienced lawyer you trust as quickly as possible after your accident.
FAQs
Q: How Are Pain and Suffering Calculated in a Colorado Personal Injury Case?
A: In a Colorado personal injury case, pain and suffering are calculated by using clients’ medical expenses and the severity of their conditions to determine just compensation. They may use a multiplier method, multiplying medical expenses by a factor that reflects the severity of the harm they suffered. They could also use a per diem calculation that focuses on the length of time it takes for the client to recover from their injuries.
Q: How Do You Prove a Defendant Caused Emotional Distress?
A: To prove that a defendant caused you emotional distress, if you intend to seek compensation for it in a personal injury suit, you must be prepared to demonstrate that the defendant’s actions caused your emotional distress. You will likely need to produce records showing that you sought mental health treatment of some kind and that your treatment directly pertained to your experience. Your attorney may also arrange for expert witness testimony for you.
Q: Can I Claim Compensation if I’m Partially at Fault for My Personal Injury?
A: Yes, if you are partially at fault for your personal injury, it is possible for you to be partially at fault for your damages and still recover compensation from the defendant. As long as the facts show they are less than 50% at fault, whatever fault percentage they hold will be subtracted from their case award as a penalty, and they keep the rest. If a plaintiff is found 50% or more at fault, however, they will not be able to claim compensation from the defendant.
Q: How Long Do I Have to File a Personal Injury Claim?
A: The statute of limitations or time limit for filing a personal injury claim in Colorado is typically two years, starting on the day the injury occurred. It is important to start gathering the evidence you will need for your claim as quickly as possible. Even if the statute of limitations seems generous, evidence is more reliable and impactful to your case when collected as early as possible.
Q: Do I Really Need to Hire a Personal Injury Lawyer?
A: You have the right to try to handle your case on your own, but you would be unlikely to reach the same level of results that hiring a personal injury lawyer could help you achieve. When you have an attorney representing you, they can handle all the procedural issues your case entails so you can focus on your medical needs during recovery. They are also likely to uncover channels of compensation you may not have realized you could claim on your own.
The Law Firm of Jeremy Rosenthal is ready to provide the legal counsel you need in the aftermath of your recent personal injury. We know you are likely to have many important questions about your proceedings and your recovery options. Contact us today and schedule a free consultation with an experienced personal injury lawyer who can provide the guidance you need in this difficult situation.
