Yes, you can be compensated for pain and suffering under Colorado law as part of a personal injury claim. Pain and suffering falls under the category of “non-economic” damages. Non-economic damages are damages where the monetary amount is difficult to quantify. This is different from economic damages, which are easily quantifiable, such as medical bills and lost wages.
What Is Considered Pain and Suffering?
When you are injured because of the negligence of another person, there are many different factors that may be included as damages related to pain and suffering from the incident. These include:
- Chronic pain conditions related to the incident
- Limitations to or the loss of enjoyment for activities that were enjoyed before the personal injury incident
- Development of depression, anxiety, or other mental disorders, such as PTSD, because of the incident
- Development of insomnia because of the incident
- Mental anguish or physical pain from an amputation or scarring because of the incident
- Strains in relationships because of the incident
- Loss of energy because of the incident
- Loss of consortium because of the incident
How Do I Prove Pain and Suffering Damages?
To be compensated for pain and suffering, you must have endured anguish, mental suffering, psychological damage, or chronic pain because of the incident that caused your personal injury. For example, if your pain and suffering is the result of the car crash, you must prove that the car crash caused your pain and suffering.
Proving that you endured pain and suffering often requires the help of an experienced personal injury lawyer. The insurance company will try to downplay your pain and suffering, or try to link it to something that happened that is unrelated to the incident. Besides showing that your pain and suffering is documented in medical records, an experienced personal injury attorney will collect things from you to help show how your life changed because of the personal injury incident. This may include:
- Photographs depicting your life before the incident
- Videos that show you participating in activities you enjoyed before your incident
- Journal or diary entries showcasing your life before the accident
- Medical Records
An attorney will also speak with family members, friends, coworkers, and other witnesses who knew you before and/or after the accident for evidence of how you have changed.
Do I Have to Seek Mental Health Counseling in Order to Be Compensated for Pain and Suffering?
Proving some forms of pain and suffering are more straightforward than others. For example, if you lost a limb in a car crash, it would be easier to prove that your limb amputation caused you mental anguish than something like the loss of enjoyment of the things you used to do. In addition, the insurance companies will often try to argue that some issues, especially mental health issues, were pre-existing and not the result of your personal injury incident.
While you are not required to seek mental health counseling to be compensated for pain and suffering, it is recommended. Through your counselor’s expert testimony and through your mental health records, your attorney can help prove that are you are psychologically impacted by the incident and that you deserve compensation because of it.
Debbie Taussig Law Can Help with Your Pain and Suffering Settlement or Verdict
The personal injury legal team at Debbie Taussig Law in Colorado is here to help you navigate the legal process and fight for all the damages you have suffered because of your personal injury. We have recovered millions for our clients and know how to fight the insurance company to get you what you need to heal and protect your future. Contact us today to set up a free consultation.