If you’ve been injured in an accident, you’ve probably heard the phrase “pain and suffering” thrown around. Insurance adjusters use it. Lawyers use it. But what does it actually mean — and more importantly, how does it affect the value of your case?
The short answer: pain and suffering is one of the most significant — and most misunderstood — parts of a personal injury claim. Getting it right can mean the difference between a lowball settlement and one that actually reflects what you’ve been through.
Pain and Suffering Is a Type of Non-Economic Damage
In a personal injury case, damages fall into two broad categories: economic and non-economic.
Economic damages are the ones with a dollar amount attached: medical bills, lost wages, future treatment costs, property damage.
Non-economic damages are harder to quantify — and that’s exactly where pain and suffering lives. This category includes:
- Physical pain — both current and ongoing
- Emotional distress and mental anguish
- Loss of enjoyment of life
- Anxiety, depression, or PTSD related to the accident
- Loss of companionship or intimacy (known as loss of consortium)
- Permanent disfigurement or disability
None of these come with a receipt. That’s what makes them challenging — and why having the right attorney matters.
How Is Pain and Suffering Calculated?
There’s no universal formula, but two methods are commonly used:
The Multiplier Method: Your total economic damages are multiplied by a number — typically between 1.5 and 5 — based on the severity and permanence of your injuries. A broken arm that heals fully might use a multiplier of 1.5. A spinal cord injury that changes your life forever could use a multiplier of 4 or 5.
The Per Diem Method: A daily dollar amount is assigned for each day you live with your pain and suffering, from the date of the accident through your expected recovery — or, in permanent injury cases, for the rest of your life.
Insurance companies will almost always push the calculation in their favor. They’re looking for reasons to minimize your suffering — including gaps in treatment, delayed care, or any evidence that your injuries aren’t as serious as claimed.
What Actually Affects Your Pain and Suffering Payout?
Several factors influence how pain and suffering is valued in your case:
- Severity and type of injury — serious, visible injuries carry more weight
- Duration of recovery — longer recoveries generally mean higher non-economic damages
- Medical documentation — consistent treatment and clear records are critical
- Impact on daily life — how has this changed what you can do at work, at home, and in your relationships?
- Your credibility — gaps in treatment, inconsistencies, or social media posts can hurt your case
- Jurisdiction — Colorado and Nevada have different rules and caps in certain case types
Does Colorado Cap Pain and Suffering Damages?
In most personal injury cases in Colorado — car accidents, slip and falls, premises liability — there is no cap on non-economic damages for standard claims. However, Colorado does impose limits in medical malpractice cases, where non-economic damages are currently capped.
Nevada has its own rules, particularly in medical malpractice cases, and different considerations apply depending on the nature of your claim.
The specific details of your case — who was at fault, the extent of your injuries, and where the accident happened — all determine what you can actually recover. This is exactly why a consultation with an attorney isn’t just helpful. It’s essential.
Don’t Let the Insurance Company Define Your Suffering
Insurance adjusters are trained to minimize pain and suffering claims. They may tell you your injuries “don’t look that bad” on paper, or offer a quick settlement before you understand the full extent of your injuries. Once you accept that offer, you’re done — there’s no going back.
At Kim Welch Law, we fight to make sure your pain and suffering is accurately documented, properly valued, and aggressively pursued. You deserve to be compensated for what you actually went through — not just what an insurance company is willing to hand over.
Talk to Kim Welch Today
If you’ve been injured and want to understand what your case is actually worth — including pain and suffering — call Kim Welch Law for a free consultation.
Colorado Springs: (888) 590-5510 Henderson, NV: (888) 590-5510 Website: www.kimwelchlaw.com