How Is Pain and Suffering Calculated in Colorado Lawsuits?
After an accident in Colorado leaves you injured, you’ll likely want to take legal action to receive a settlement for your financial and nonfinancial losses. While calculating your financial losses is relatively straightforward because you can tally up your medical bills and other receipts, it’s harder to calculate how much the other party should have to pay you for things like pain and suffering or emotional distress.
There are a variety of tactics the Denver court may use to assess your pain and suffering, and your Denver personal injury lawyer can be key in maximizing your claim. At Justice for Colorado, we’re experienced in handling personal injury cases of all types, and we’ll do our best to negotiate on your behalf in court so that you walk away feeling satisfied.
Determining How Much Money You Deserve
To determine how much money you deserve for your pain and suffering, the judge may assess the severity of the injuries you suffered. It’s possible for your pain and suffering damages to be greater than the amount of your medical expenses. The judge may also assess the level of negligence exercised by the defendant and factor this into your pain and suffering damages.
Caps on Pain and Suffering Damages
The state of Colorado has caps on the pain and suffering damages you can receive. If your accident occurred before January 1, 1998, then the cap is $250,000 plus inflation. If your accident occurred between January 1, 1998, and January 1, 2008, then the cap is $366,250 plus inflation. Accidents occurring after January 1, 2008, have a cap of $468,010 plus inflation.
Exceptions to Pain and Suffering Caps
You may be exempt from the pain and suffering damages cap if you suffered permanent injuries in your accident. Medical malpractice cases also have different caps than other personal injury cases. The non-economic damages cap for medical malpractice cases is $1 million, with $300,000 allowed for pain and suffering.
Contact a Denver Personal Injury Attorney
If you have questions about your Colorado settlement or you think you deserve more money for your pain and suffering damages, then you should speak with a Denver personal injury lawyer. An attorney at Justice for Colorado can look into your case and help you file and pursue a claim. To schedule a free consultation, call 303-647-9691 or fill out the contact form below.