How is pain and suffering calculated in a personal injury claim?

Pain and suffering is a type of compensation that an injured person can receive when filing a personal injury claim in Colorado. It is not a precise or exact calculation since it is based on subjective factors such as the type and extent of the injury, the emotional and physical suffering experienced, the impact on the person’s life, and more. In Colorado, the courts look at both objective factors and subjective factors to calculate pain and suffering. Objective factors include the type of injury and the amount of medical bills or lost wages. Subjective factors include the personal impact of the injury, such as the amount of physical discomfort, mental anguish, limitations of activities the person can do, and more. Typically, a jury or judge will consider all of these factors before making a determination on how much to award an injured person in pain and suffering. The amount of compensation awarded is based on an average for similar cases in the past. It is also important to note that the injured person has a legal duty to mitigate their damages, meaning it is their responsibility to make sure their damages do not worsen and seek physio or psychological treatments if needed. In conclusion, pain and suffering compensation is based on a combination of objective and subjective factors and is calculated on a case-by-case basis. It is important to note that an injured person has a duty to mitigate their damages and seek medical help if necessary.

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