How Pain and Suffering Is Calculated
Colorado does not prescribe a specific formula for pain and suffering. Two common methods are used in practice:
- Multiplier Method: Multiply your economic damages (medical bills + lost wages) by a factor of 1.5 to 5, depending on severity. Mild injuries: 1.5-2x. Moderate: 2-3x. Severe/permanent: 3-5x.
- Per Diem Method: Assign a daily value for pain and multiply by the number of days affected. For example, $100/day x 365 days = $36,500.
Factors That Increase Pain and Suffering Value
- Surgery required
- Permanent limitations or disability
- Visible scarring or disfigurement
- Impact on ability to work
- Impact on family and relationships
- Consistent medical treatment and documentation
- Strong medical evidence of ongoing pain
The Colorado Cap
Noneconomic damages (including pain and suffering) are capped at approximately $642,180 under C.R.S. § 13-21-102.5. The court can increase this to approximately $1 million with clear and convincing evidence.