Those who have been injured in a car accident (or other accident) due to another person’s carelessness, may seek compensation from the insurance company of the at-fault party. The losses suffered by the injured person generally include medical expenses and lost wages. In some cases, pain and suffering may also be an issue in the final settlement amount. What exactly does pain and suffering mean in the context of a lawsuit, and what is pain and suffering really worth? Pain and suffering generally falls under either physical pain and suffering or mental pain and suffering, although a plaintiff may suffer both types.
The mental pain and suffering experienced by a plaintiff following an accident include fear, anxiety, mental anguish, humiliation, shock, worry, inconvenience, mood swings, depression, loss of appetite, lack of energy, insomnia or the loss of enjoyment of life—basically any negative emotion an accident victim may suffer. Physical pain and suffering is the result of actual physical injuries. Both physical and mental pain and suffering include not only the victim’s effects to date, but the mental and physical pain and suffering which is likely to occur in the future.
Let’s assume you have been involved in a car accident which resulting in a concussion, whiplash symptoms and a broken femur. As a result of these injuries, you are unable to return to work for a significant length of time, and the aftermath of your concussion has left you wondering if you will ever be able to return to work. In addition to the physical pain you are experiencing, you may have significant difficulty sleeping, are depressed, angry and anxious much of the time, and have even suffered a serious loss of appetite. In this situation, you would be entitled to pain and suffering damages. The level of pain and suffering damages you might be entitled to will depend on many factors, including how long your pain and suffering is expected to continue, and how severe the pain and suffering symptoms are.
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Generally speaking, there are two methods for calculating pain and suffering. In the first method, your actual damages (medical expenses plus lost wages) will be multiplied by a number between 1 and 5, depending on the severity of the pain and suffering. Using the example above, if your medical expenses and lost wages equal $43,000, and your pain and suffering is considered moderately severe, multiply the $43,000 times 3, and your pain and suffering damages could be $129,000.
The second method of calculating pain and suffering is known as the per diem approach (“per diem” is the Latin term for “per day”). Using the per diem calculations, a specific amount is assigned to each day, starting with the day of the accident, and ending when you have reached your maximum recovery level. Using these calculations, assuming the car accident detailed above has left you unable to work for 13 months, and that, coupled with the severity of your accident and resulting medical expenses, determines that the amount per day for your pain and suffering will be $325. When you multiply this amount times 395 days then your total pain and suffering could be calculated at $128,375.
It is important to understand that insurance companies are under no obligation to use either of the methods above. In fact, many insurance companies have their own computer-generated programs which calculate pain and suffering amounts. These programs factor in the injury type, as well as the specific medical treatments sought. Insurance companies typically consider medical treatment administered by a physician to be a more compensable injury than medical treatment administered by a chiropractor. The length of time you seek treatment may also be a factor—if your treatments for the injuries you received seemed excessive, then all your treatments may not be calculated when determining pain and suffering.
It can help you to speak to an experienced Colorado personal injury attorney who understands how your pain and suffering may be calculated. Your Colorado personal injury attorney will also ensure your rights and your future are protected, while answering any questions you may have.
If you or someone you love has been injured in a car accident in Broomfield, Northglenn, Westminster, Thornton, Lafayette or anywhere in Colorado, it is important to contact our experienced personal injury attorneys immediately. At Hull & Zimmerman, P.C., our committed personal injury lawyers are dedicated to the belief that everyone deserves justice. Contact us at (303) 423-1770 or (866) 385-3505.
Our personal injury lawyers have extensive experience representing injured accident victims in Broomfield, Arvada, Superior, Lafayette, Louisville, Erie, Brighton, Commerce City, Northglenn, Westminster, Thornton, Longmont, and throughout Colorado.
At Hull & Zimmerman, P.C., we are honored to help accident victims in their time of need, and take our responsibility as personal injury lawyers incredibly seriously. We know how important it is for victims to secure the full and fair compensation they need following a serious accident, and that is why we take a hands-on, personalized approach to every case we handle.
awarded to a woman who was a victim of a car crash. The woman was driving the highway when the other driver approaching from the opposite direction lost control of his vehicle, crossed the center line and hit her head on. She suffered multiple broken bones, including her hip, pelvis, leg, and right arm. She missed several years of work as a result of her injuries. Read More
awarded to a woman who was the victim of a t-bone car crash. The client suffered multiple injuries. The most significant of which was a head injury. While she was ultimately able to return to work on a part-time basis, Plaintiff was never able to return to work on a full-time basis. Read More
settlement awarded to a lady who suffered a head injury. She slipped and fell in a slanted parking lot at her place of employment. Evidence demonstrated that the owner of the building had constructed a fence shading the parking lot such that ice was allowed to continuously accumulate during the winter months. Multiple people had fallen on the ice prior to the client’s fall. As a result of her injuries, Plaintiff was forced to take early retirement. Read More
awarded to a man whose vehicle was hit from behind by a semi. The injured party suffered back pain and rotator cuff tears in each shoulder and was forced to retire from his job doing road repair four years earlier. Read More
settlement (policy limits) awarded to a young man who lost his eye when another child shot an arrow into the air. Read More
settlement obtained for a man who was injured in a rear end automobile accident. He suffered a herniated disc in his low back which was not well resolved by surgery forcing him to leave his employment as an apartment maintenance manager. Read More
awarded to a gentleman in association with a workman’s compensation case. He initially sustained a head injury at work when attacked by a patient. Several years later, his condition worsened resulting in his inability to return to work in his usual job. Read More
settlement achieved in a legal malpractice case. The client initially suffered a herniated disc in her neck in association with an automobile accident. The attorney failed to file the lawsuit in a timely manner and the Plaintiff was initially denied her ability to achieve any monies from the original lawsuit. Read More
settlement awarded to a man who was a victim of an automobile accident. Plaintiff was a passenger who was rear-ended by another driver. Following the accident, he suffered a long term back injury. Read More
settlement awarded to a lady who aggravated a pre-existing back condition when she slipped and fell at the entrance to a casino. Read More
awarded to a woman who suffered a rotator cuff tear from an automobile accident. Read More
$1,250,000.00 –awarded to a woman who was a victim of a car crash. The woman was driving the highway when the other driver approaching from the opposite direction lost control of his vehicle, crossed the center line and hit her head on. She suffered multiple broken bones, including her hip, pelvis, leg, and right arm. She missed several years of work as a result of her injuries.
$1,200.000.00 –awarded to a woman who was the victim of a t-bone car crash. The client suffered multiple injuries. The most significant of which was a head injury. While she was ultimately able to return to work on a part-time basis, Plaintiff was never able to return to work on a full-time basis.
$450,000.00 –settlement awarded to a lady who suffered a head injury. She slipped and fell in a slanted parking lot at her place of employment. Evidence demonstrated that the owner of the building had constructed a fence shading the parking lot such that ice was allowed to continuously accumulate during the winter months. Multiple people had fallen on the ice prior to the client’s fall. As a result of her injuries, Plaintiff was forced to take early retirement.
$425,000 –awarded to a man whose vehicle was hit from behind by a semi. The injured party suffered back pain and rotator cuff tears in each shoulder and was forced to retire from his job doing road repair four years earlier.
$300,000.00 –settlement (policy limits) awarded to a young man who lost his eye when another child shot an arrow into the air.
$300,000.00 –settlement obtained for a man who was injured in a rear end automobile accident. He suffered a herniated disc in his low back which was not well resolved by surgery forcing him to leave his employment as an apartment maintenance manager.
$250,000.00 –awarded to a gentleman in association with a workman’s compensation case. He initially sustained a head injury at work when attacked by a patient. Several years later, his condition worsened resulting in his inability to return to work in his usual job.
$250,000.00 –settlement achieved in a legal malpractice case. The client initially suffered a herniated disc in her neck in association with an automobile accident. The attorney failed to file the lawsuit in a timely manner and the Plaintiff was initially denied her ability to achieve any monies from the original lawsuit.
$150,000.00 –settlement awarded to a man who was a victim of an automobile accident. Plaintiff was a passenger who was rear-ended by another driver. Following the accident, he suffered a long term back injury.
$125,000.00 –settlement awarded to a lady who aggravated a pre-existing back condition when she slipped and fell at the entrance to a casino.
$75,000.00 –awarded to a woman who suffered a rotator cuff tear from an automobile accident.
Easy
to talk to. They made my experience very comfortable through my whole journey.
My heartfelt gratitude goes out to the whole staff at Hull & Zimmerman. Thank
you
- 
– R. Hamilton
I
would just like to send a “thank you” to you and your staff. You have been the
most professional and efficient law office if have ever dealt with. I will
continue to tell people about the wonderful job you have done for me and my
family. Mr. Zimmerman you are the most professional lawyer and I truly
appreciate all you have done. Again Thank you
– D. Hassoun
would
just like to send a “thank you” to you and your staff. You have been the most
professional and efficient law office if have ever dealt with. I will continue
to tell people about the wonderful job you have done for me and my family. Mr.
Zimmerman you are the most professional lawyer and I truly appreciate all you
have done. Again Thank you.
– Jason B.
I was
injured in a fall and the nightmare began. I found Mike Zimmerman on the
internet, read his background history and contacted his office. The Office Staff
was wonderful, patient, and helpful, even though I was probably a pain to them.
Mike is a no nonsense kind of guy. He will tell you exactly what he feels about
your case and will not sugar coat it. You will know exactly what to expect and I
appreciated the honesty! I would recommend Mike to anyone who has their life
spinning out of control because of an accident. He help me get my life back.
– Mary T.
Working through divorce and custody issues is an extremely difficult and
emotionally trying experience. Mike Zimmerman represented my interest in a
highly professional manner and protected my rights as a parent at a level that
exceeded my highest expectations. This firm’s expertise, ability and
professionalism earned my respect as well as my continued business for any legal
issues I encounter in the future.
– Michael D.
We
came across mike Zimmerman when we were involved in an accident awhile back, we
had been negotiating with the insurance company for some time and getting
nowhere with a settlement. Never knowing Mike Zimmerman when we had gone and
seen him it really surprised us that he made us feel right at home and that he
was really concerned for his clients. Mike was very upfront with us a our
lawyer, and advised us every step of the way. His associates were very
professional and office personnel was very friendly also. Mike got almost double
the settlement we were expecting and we just were very satisfied and would
highly recommend him to anyone that needs a good honest lawyer.
– Clarencec & Joy W.
We
were hit by an uninsured driver in 2006 and my husband was unable to work for
some time. Initially our own insurance really didn’t want to help us. On the
recommendation of a friend, we contacted Mr. Z and with his advice, suggestions
and hard work, we were able to get the what we needed from our insurance to help
us with our bills and medical costs. His staff was very patient with us as well
and was always available to reassure us and to answer our questions. We hope
nothing like this ever happens again, but if it was to happen, we would contact
Mr Zimmerman in a heart beat.
– G. & B O.
Rick –
Smart and nice! We were nervous and Rick put us at ease. Kept us informed. Never
thought we made a bad choice. Also, the first time I called, I talked to
Rick…impressed us very much.
– D. & S. Bratrovsky
Exceeded expectations!
– T. Thiel
I
liked the fact that I was kept up to date throughout the process. When the
accident first happened, Rick went to bat for me right away to make sure that I
was compensated for my loss of transportation. The end result in my case
exceeded my expectations and I was very pleased.
– D. Hughley
I
appreciated the effort Rick Hull presented during the difficulties that occurred
throughout the settlement and following. I felt completely at ease during the
whole process.
– Michele Wolf
I
appreciated the fact that Rick Hull always explained everything to me. No matter
how insignificant I thought the question was, he encouraged me to ask and was
very patient when I didn’t understand some aspect of the legal procedures. I
also appreciated the fact that Rick was a real person, he wasn’t stiff or
unapproachable. He was easy to talk to, to understand, and get along with. In
addition, he explained certain aspects of Colorado law thoroughly to me so that
I could make an informed decision that best suited my needs.
5:32 pm
October 20th, 2017