One of the most common questions we get from our clients is: “What is pain and suffering – and how is it calculated?” At Debbie Taussig Law, we understand the need behind this series of questions. For example, if you’ve been injured in a car crash, or a bicycle collision, you may wonder the same thing, especially if your life has been altered because another person chose to be careless.
We will answer these important questions about pain and suffering below.
What is Pain & Suffering?
Pain and suffering is a category of damages that is separate from the damages that are calculated from medical expenses and lost wages. Medical expenses and lost wages are concrete numbers. Those concrete numbers are calculated by adding up expenses from things like medical bills, prescriptions, and decreased hours on the paystub. These damages are often referred to as economic damages.
In the alternative, pain and suffering are not concreate numbers that are easily calculated. Pain and suffering is the physical discomfort, mental anguish, or emotional distress that are part of a category of damages called noneconomic damages.
Pain and suffering can come in many forms including:
- Anxiety
- PTSD
- Physical pain
- Loss of sleep
- Loss of appetite
- Loss of quality of life
- Loss of companionship
How is Pain & Suffering Calculated?
We ask our clients to take notes each day on their level of pain each day. Then, we can use that information when we send a demand letter to the insurance company. Pain can fluctuate on a daily or even hourly basis and keeping a journal or log helps our clients remember their pain after a year or longer has passed since they were injured.
We also ask our clients to take notes each day on how their pain affects their lives on a daily basis. This includes many things, such as:
- Lack of sleeping
- Hurts to walk but still need to walk
- Difficulty caring for children
- Difficulty bathing
- Trouble performing household chores
- Missing out on time with family and friends
- Anxiety riding in a car
Final Notes on Pain and Suffering
You may stumble upon online calculators for pain and suffering on the internet. These calculators are not accurate. They do not take into account the details associated with pain and suffering. An Experienced Personal Injury Attorney will know how to calculate pain and suffering.
At Debbie Taussig Law, we get to know our clients as individuals. We know what is causing them pain and suffering, what activities they can no longer participate in, and what is causing them anxiety after the accident. We communicate these issues to the insurance company to get our clients compensation for, not only their injuries, but for all the ways their lives were altered, sometimes permanently.
While we have touched on pain and suffering and how it is calculated. There is another form of damages available for you in Colorado called physical impairment.
Debbie Taussig Law is a woman-owned personal injury law firm in Boulder, Colorado. We serve clients across Colorado. With over 20 years of experience, Debbie know what it takes to hold the insurance companies accountable so that we can get our clients the compensation they need to hear and protect their future.
Call us today at 303-442-0176 for a free claim evaluation.
