After a car accident, you may experience more than physical injuries. You may also be left with emotional pain and suffering. While these types of damages do not always reveal themselves in the physical sense, they can take a major toll on your life.
Colorado allows for the recovery of financial compensation for pain and suffering when your injuries were caused due to the negligence of another driver. You should know more about what is considered to be pain and suffering in this state before proceeding with your case.
What Is Pain and Suffering?
The term “pain and suffering” pertains to any type of intangible damages that you may suffer in a car accident. Also known as non-economic or general damages, these things do not have a monetary value, like economic damages. Instead, pain and suffering can refer to general emotional disarray after the accident and other non-physical losses.
These things can include chronic pain, physical impairment, scarring, disfigurement, depression, anxiety, post traumatic stress disorder (PTSD), lost quality of life, loss of consortium, and grief over a loved one’s death. There are many other things that could also be put into this category.
How can you put a price tag on emotional pain and suffering after you survive an accident? What if you witnessed a family member or a friend’s death in this accident? If this car accident was caused by the negligence of another, you may be able to seek financial compensation for your non-economic damages of pain and suffering.
Are There Any Caps on Pain and Suffering Damages in Colorado?
Colorado is one of many states that have caps on the amount of damages that you can recover for pain and suffering. Simply put, it is a maximum amount of financial compensation.
Here, these caps are limited to $250,000 for non-economic damages. There is no cap imposed upon economic damages, which include things like medical costs and lost wages. Colorado doesn’t have caps in cases with permanent physical impairment either.
How to Prove Pain and Suffering
If you have been in a car accident and are making a claim for pain and suffering, the courts will only award damages with proof. This is where it is essential to work with an experienced car accident attorney because proving pain and suffering is very difficult.
Unlike economic damages which have receipts and bills to back them up, it is harder to find evidence that reveals the true extent of the pain and suffering you are experiencing. Attorneys are far more experienced in helping show the court your non-economic damages like pain and suffering. They may turn to video footage or use testimony from people in your life who have seen how the accident has impacted your mental and emotional health.
Additionally, medical records can also be of assistance. Even if you do not have physical injuries, if there are records from a psychologist, psychiatrist, or counselor, this can show proof of your mental anguish. Scars, disfigurement, or disability can also be shown as physical losses that accompany that pain and suffering.
If you have been in a car accident in Aurora, Colorado, make sure you find an experienced personal injury lawyer to help you. Often, you will find that most attorneys offer a free consultation that can help you learn more about your options. It’s important to get the representation you need to recover your damages and move forward.