What is pain and suffering in a personal injury claim?

Pain and suffering refers to the physical discomfort and emotional distress you experience as a result of your injuries. It encompasses the actual physical pain from your injuries and medical treatment, as well as mental anguish, anxiety, depression, fear, insomnia, and the psychological impact of the accident. Pain and suffering is a type of "non-economic" damage because it doesn't have a specific receipt or invoice, but the law recognizes these losses are just as real as your medical bills. For severe and catastrophic injuries, pain and suffering is often profound and lifelong. Victims of spinal cord injuries, traumatic brain injuries, severe burns, and amputations experience chronic pain, psychological trauma, and diminished quality of life that persists for decades. In Colorado, non-economic damages including pain and suffering are subject to statutory caps, though these caps increased significantly to $1.5 million effective January 1, 2025.