Inside the Issue:
- What Is “Pain And Suffering” In An Accident Case?
- What if I Didn’t Go to the Doctor Right After the Accident?
- Meet Kevin & Learn About His Car Wreck Experience
What Is “Pain And Suffering” In An Accident Case?
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.
What if I Didn’t Go to the Doctor Right After the Accident?
Not everyone seeks medical care immediately after an accident, and often for many different reasons. Maybe there was no pain, or it only seemed minor, or perhaps the potential cost simply didn’t seem worth it. While delaying treatment won’t necessarily ruin an insurance claim, it can certainly have a negative effect. In this blog, we’ll explain why prompt care matters, how delaying might affect your ability to recover compensation, and what steps to take if you haven’t seen a doctor yet.
Why Should You See a Doctor Immediately After an Accident?
Immediately after a crash, adrenaline can mask pain, and symptoms from certain types of injuries, like concussions or internal injuries, might not be immediately obvious. Getting a medical evaluation as soon as possible helps catch issues early and prevent minor problems from becoming major ones.
Just as important, prompt care creates a record that ties your injuries to the accident. Insurers look closely at timelines. When a doctor documents your symptoms, testing, and treatment plan right away, it becomes much harder for an insurance adjuster to argue your pain came from something else. That initial visit starts a paper trail that supports referrals to specialists, imaging, and therapy.
Why People Sometimes Delay Medical Treatment
People put off care for many understandable reasons. This can include:
- Feeling “fine” at the scene: Shock and adrenaline can dull pain, and some symptoms may not appear until later that day or the next morning.
- Hoping it will resolve on its own: Soreness after a crash can feel like typical aches that might fade with rest, leading some people to “wait and see.”
- Concerns about cost: Fears about deductibles, co‑pays, or surprise bills can make anyone hesitate.
- Transportation or time barriers: Lack of access to a drivable car, limited clinic hours, or long wait times can make it hard to get seen the same day.
- Prior experiences or cultural concerns: A negative medical visit in the past or uncertainty about what to expect can cause delays, even when care is needed.
How Waiting Too Long To Get Treatment Can Affect Your Insurance Claim
Insurance companies pay close attention to “gaps in treatment.” A long delay before your first medical visit, or big breaks between appointments, gives adjusters an opening to argue you weren’t really hurt or that something else caused your condition. In the worst-case scenario, this can lead to an outright denial of your claim. In other situations, it may lower your claim value.
Without early records, it is harder to show the trajectory of your pain, the necessity of imaging or therapy, and how the injuries limited your daily life. Adjusters may attribute later treatment to unrelated issues or “over‑treating,” especially when there’s no consistent plan from a licensed provider.
What Should You Do If You Haven’t Seen a Doctor Yet?
If you’ve delayed medical treatment, you can still take steps to protect your claim:
- Get medical care now: Schedule an appointment as soon as possible with your primary care physician or an urgent care clinic. Be clear that you were in a car accident and list every symptom, even if it’s occasional or mild.
- Follow the treatment plan: If you’re referred for imaging, physical therapy, or to a specialist, follow through promptly. Take prescribed medications and avoid activities your doctor says could slow recovery.
- Document everything: Keep paperwork from every visit, along with receipts for co-pays, prescriptions, and even mileage to appointments.
- Track your symptoms: Write down daily notes about your pain, limitations, sleep, and activities. This record shows how the injury affects your life and backs up medical decisions.
- Be mindful online: Avoid posting about the crash or your activities on social media, since insurers may look for posts that downplay your injuries.
- Limit what you tell insurers: Provide only the basic details to open a claim, and decline a recorded statement until you’ve had medical care and a chance to weigh your options.
Taking these steps as soon as possible creates a timeline that links your treatment to the accident and makes it harder for insurers to challenge your claim.
How Can a Lawyer Help Protect My Claim?
Working with a personal injury attorney ensures your claim doesn’t get undermined by avoidable mistakes. Your lawyer can organize medical records, keep track of bills and lost wages, and make sure your treatment history is presented clearly.
They also act as a buffer between you and the insurance company. Instead of facing lowball settlement offers, broad requests for medical history, or pressure to give a recorded statement, your attorney handles those conversations on your behalf.
A lawyer can also work directly with your doctors to explain diagnoses, outline future care needs, and highlight the ways your injuries affect daily life. These details often carry significant weight when insurers decide how to value your case.
Learn About Kevin’s Car Crash Experience
THE CAR ACCIDENT ATTORNEYS AT FDAZAR
For nearly forty years, the attorneys at Frank Azar Car & Truck Wreck Lawyers 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 Aurora, Boulder, Brighton, Cheyenne, Colorado Springs, Denver, Fort Collins, Glenwood Springs, Grand Junction, Greeley, Lakewood, Littleton, Longmont, Loveland, Pueblo, and Thornton. If you’ve been injured in a bus, car, rideshare, truck, bicycle, or motorcycle accident, you may be entitled to compensation. Please call the car accident attorneys at FDAzar day or night at 720-707-2143 or contact us here for a free, no-obligation consultation and evaluation of your case.
