It’s not difficult to put a price tag on some of the more obvious losses that a person experiences as the result of a car wreck. There are hard numbers to be found in the hospital bills, the trips to the doctor or the physical therapist, the car repair bills, and so on.
But not all of the damages from a collision are so easy to calculate. Depending on the severity of the injuries, accident victims may be facing a series of long-term challenges on the road to recovery that aren’t easy to quantify, including dealing with disfigurement or physical impairment, mental anguish, an inability to participate in activities they used to enjoy, and even an inability to enjoy day-to-day life. Such damages are considered pain and suffering damages – which, under Colorado law, can be included as part of your claim in a personal injury lawsuit against those responsible for the crash.
WHAT CONSTITUTES A PAIN AND SUFFERING CLAIM?
The more readily calculated damages from a personal injury case, such as medical costs, repair bills and lost wages, are known as economic damages. Pain and suffering claims are considered a form of non-economic damages because they involve trying to put a value on the more intangible, deeply personal kinds of loss stemming from an accident. Those damages may encompass everything from chronic physical pain or scarring to shock, emotional suffering, insomnia, psychological illness, the inconvenience and pain associated with time-consuming rehabilitation, and what is known as loss of consortium (loss of the companionship and affection of a spouse) and “loss of enjoyment of life” (which is exactly what it sounds like).
HOW DO YOU PROVE A PAIN AND SUFFERING CLAIM?
Just as with economic damages, plaintiffs are expected to support a pain and suffering claim with documents, testimony, and other evidence. It is important to establish that the accident is the cause of the pain and suffering; typically, the claim might involve various medical records as well as statements from treatment providers, pain management specialists, therapists, counselors, or family members. If the case goes to trial, a jury will consider how the crash has impacted the victim’s quality of life in deciding what damages to award for pain and suffering. It’s not necessary to have been physically injured to prevail on a pain and suffering claim, since a jury could find stress, shock, or other emotional impacts from the crash. But in many cases, provable physical injuries can and do lead to more extensive pain and suffering damage claims.
WHY PURSUE A PAIN AND SUFFERING CLAIM?
Some of the fallout of a bad car wreck can’t be measured in simplistic terms. How can you put a price on days or weeks lost to pain and frustration, estrangement from loved ones, the diminishment of your own sense of self-worth? Yet that is what our experienced personal injury attorneys try to do to help make our clients whole again. Seeking damages for pain and suffering can be an important step in the entire recovery process.
THE CAR WRECK LAWYERS AT FDAZAR
For more than thirty years the attorneys at Franklin D. Azar & Associates have helped thousands of injured people obtain complete and timely compensation for their losses. Our proven track record and expertise have allowed us to grow into the largest personal-injury law firm in Colorado, with offices in Denver, Aurora, Thornton, Fort Collins, Grand Junction, Greenwood Village, Colorado Springs, and Pueblo. If you’ve been injured in a bus, car, truck, or motorcycle accident, you may be entitled to compensation. Please call the car accident attorneys at FDAzar day or night at 800-716-9032, or contact us here for a free consultation and no-obligation evaluation of your case.