How is Pain and Suffering Valued After a Car Accident in Colorado Springs?
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
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?
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(719) 520-9909 or fill out the online form to get your free case review. We’re on top of it!
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Questions Or Schedule A Free Appointment? Click To Call (719) 520-9909
No Fee Unless You Win
Questions or Schedule A free Appointment? Click to Call (719) 520-9909
Frequently Asked Questions
How Do I Know What My Case Is Worth?
There are a variety of things we look at when evaluating your case and determining its value. We look at how the accident occurred. We look at what sort of injuries you sustained. Do you have a permanent injury that will last the rest of your life? Are you going to have future medical bills? We look at lost wages. Did you lose your job? If you have permanent work restrictions as a result of the accident, you may not be able to find a job very easily in the future. These are some of the factors that we look at in evaluating a claim. Every case is unique and different. That’s why at our law firm, every case gets personal attention from the lawyer when it comes time to evaluate.
Why is it Important to Hire a Lawyer?
Insurance companies are in business for a reason: to make money. Anytime they are paying money on a claim, it means less money to their bottom line. They have literally hundreds of adjusters and hundreds of lawyers who are on their side trying to figure out how to prevent money from leaving their checkbooks. Quite frankly, you do need a lawyer to help you through this because your lawyer will make sure you’re properly compensated.
Do Cases Settle Without Going to Court?
Cases settle before going to trial 80 to 90 percent of the time. However, that doesn’t mean there’s not a lot of work involved in getting a case settled outside of court. Sometimes you have to file a lawsuit and do a lot of what I call “legal maneuvering” to get a case settled. That means we take depositions from witnesses to the accident, from police officers, and from your doctors. But, yes, most cases will settle prior to trial.
Do You Get Good Results for Your Clients?
We do get good results for our clients. We have settled hundreds, if not thousands, of cases where we’ve had large settlements. We’ve had substantial verdicts. We go to the mat for our clients if necessary. We’ll appeal cases. We’ll do whatever it takes to make sure our client is taken care of.
See What Our Clients Say
No Fee Unless You Win
Questions Or Schedule A Free Appointment? Click To Call (719) 520-9909
No Fee Unless You Win
Questions or Schedule A free Appointment? Click to Call (719) 520-9909
Our Attorneys
Gordon J. Heuser, Esq.
As a Colorado Springs native, Gordon has been practicing in Southern Colorado for 35+ years.…
Barkley D. Heuser, Esq.
Barkley Heuser is a Colorado native, and has lived in Colorado Springs for over 59…
Brennan D. Heuser, Esq.
Brennan Heuser is a Colorado Native who graduated from the University of Miami, Fl with…
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Want To Learn More About Your Colorado Car Accident Case? Download Our EBook, On Us!
We wanted to find a way to make your car wreck case even easier for you. That is why we wrote this guide that will provide you with the critical information you need to know about your car accident case.
As car accident law professionals, we have seen too many individuals lose out on their maximum owed compensation. Don’t miss out on the settlement you deserve! In this book, you will learn how to:
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