A woman leaning against her car after a car accident.

Get Your Free Case Evaluation

If you were injured in a car accident caused by someone else, you may know you’re entitled to compensation for your financial losses, such as medical expenses or lost wages. However, not everyone realizes they may also qualify for non-financial losses as well. You may be entitled to “pain and suffering” compensation, which can include emotional pain, physical pain, and the impact on your quality of life.

You deserve to have an idea of what compensation you may be entitled to after an accident. But, pain and suffering compensation can be tricky to calculate since the insurance company has to assign a financial amount to a non-financial loss. Continue reading for a simple breakdown of how pain and suffering is valued after a car accident in Colorado Springs.

How To Prove Pain and Suffering

A woman feeling stress and anxiety after a car accident.You can seek pain and suffering in your car accident injury settlement, but it may be difficult to prove. The more evidence you have to support your claim, the better the chance of recovering a fair amount.

Evidence used in pain and suffering claims includes photographs of the injuries, personal journals, or therapy notes that document your physical and emotional pain or stress. We recommend starting a daily journal that details your pain as soon as possible after your accident.

Testimonies from friends or family can also be used as evidence of a negative impact on your life. If you’re seeking compensation for mental health concerns related to the accident, such as insomnia or anxiety, mental health professionals can also provide evidence.

Due to the difficulties of placing a price on the emotional and physical toll of your injuries, it is recommended to seek legal advice from an experienced car accident lawyer. Car accident lawyers can collect all of the necessary evidence you need to prove your pain and suffering so you have your best chance at the compensation you deserve.

How Is Pain and Suffering Valued?

Each insurance company has its method for calculating pain and suffering, though most use one of two formulas.

  • The first method multiplies the total of your financial losses, which include medical bills and lost wages, by a number between one and five. If your injuries were severe and your daily life was impacted, then your pain and suffering compensation is more likely to be multiplied by a higher number.
  • The second method uses a per-day approach by assigning a value to each day. Your pain and suffering compensation is then calculated by the total number of days from the accident to full recovery. For example, if you are assigned a value of $200 per day, then you may receive $200 for each day of your recovery.

Keep in mind that the insurance company is under no obligation to follow these formulas. If it appears that the injured party is seeking excessive treatment for the injury, the insurance company may not include those costs in the calculation.

How Much Should You Seek?

A Colorado man reading his bills.While you may use those formulas to get an estimated value of your potential pain and suffering, there’s no guarantee that you’ll receive that full amount. You may be entitled to higher compensation for additional circumstances that impact your life, such as permanent, visible scarring. At the same time, you may be entitled to lower compensation if your injury wasn’t considered severe or will not have a long-term impact on your life.

We recommend consulting your trusted Colorado Springs car accident lawyer to ensure you are seeking the full amount possible for your case. Your lawyer will know how to seek a fair settlement for all of your losses and provide you with your best chance at maximum compensation.

Call Heuser & Heuser, LLP — We’re on Top of It!

If you were injured in an accident caused by someone else and have suffered significant emotional and physical pain and distress, you may be entitled to compensation for your pain and suffering. Our legal team at Heuser & Heuser, LLP has decades of experience seeking fair settlement offers for injured people who have faced pain and suffering, just like you. We can help you seek the compensation you deserve. Call 719-520-9909 or fill out the online form to get your free case review. We’re on top of it!