When you are involved in a car accident, it can be physically and emotionally draining. This is especially true in Colorado, where car accidents have increased in recent years.
As per data from the Transportation Department, 36,096 fatal car accidents occurred in 2019. Thousands of people were injured and killed in these accidents. Numerous injuries resulted from these accidents, along with fatalities, leaving many individuals in need of legal assistance from Centennial car accident attorneys.
The physical and psychological anguish that a person experiences following an accident or injury is referred to as “pain and suffering” in legal terminology. In Colorado, pain and suffering can be included in personal injury claims, which are often filed after car accidents.
But what exactly does pain and suffering entail? And how are they calculated?
Understanding Pain and Suffering
A car accident can result in a range of physical and psychological repercussions, which can be combined to cause pain and suffering. This can involve psychological problems like anxiety, sadness, and post-traumatic stress disorder (PTSD), in addition to physical wounds such as fractures, bruising, and cuts.
These conditions may linger, even after the victim recovers from their injuries.
It is important to note that pain and suffering may not always be immediately apparent after a car accident. In some cases, the effects may only manifest weeks or months later.
Calculating Pain and Suffering
Calculating pain and suffering can be a complicated process, as it involves assigning a monetary value to something that is not easily quantifiable. In Colorado, there are various methods used in car accident cases to calculate pain and suffering. These include the multiplier method and the per-diem method.
The multiplier method involves multiplying the total economic damages by a specific number (usually 1.5 to 5) to determine the amount of non-economic damages. For example, if the total economic damages for a car accident are $10,000 and a multiplier of 2 is used, then the total pain and suffering damages would be $20,000.
The per diem method involves assigning a daily rate to the pain and suffering experienced by the individual and multiplying it by the number of days they have been in pain. This method is often used for ongoing injuries that result from a car accident. The daily rate is usually the victim’s daily wage.