Can I Sue for Pain and Suffering in a Colorado Injury Case?

August 20, 2025

young man suffering from headache at home, touching his temples, copy spaceWhen someone else’s actions cause you harm, the consequences often go far beyond broken bones or medical bills. Many injury victims face lasting pain, emotional trauma, and significant disruptions to their quality of life. In Colorado, you can sue for pain and suffering as part of a personal injury claim, but certain limits and legal standards apply. Understanding your rights and the compensation available can make a significant difference in how your case is handled.

At Reha Goodwin Caras, we represent individuals and families in Littleton and throughout Colorado who have been injured through no fault of their own. If you are unsure whether your situation qualifies for pain and suffering damages, our team can evaluate your claim and help you move forward.

What Counts as Pain and Suffering?

Pain and suffering refer to non-economic damages. This includes both physical pain and emotional distress related to an injury. Examples may consist of chronic discomfort, loss of sleep, anxiety, depression, fear, embarrassment, and the inability to enjoy hobbies or family life. These are subjective harms, but they are no less real than financial losses.

Colorado law allows plaintiffs to pursue these types of damages when filing a personal injury lawsuit, whether the case involves a car accident, slip and fall, or another incident caused by negligence. A personal injury attorney can help document these damages and present them as part of your overall case strategy.

How Colorado Limits Pain and Suffering Awards

Although Colorado permits pain and suffering claims, the state imposes caps on how much a person can recover for non-economic damages. As of 2024, the general cap for pain and suffering in most personal injury cases is approximately $642,000. This amount can be increased to around $1.28 million if the court finds clear and convincing evidence justifying a higher award.

However, these limits may vary depending on the type of case. For example, medical malpractice claims have lower caps, while wrongful death cases follow separate guidelines. The specific facts of your case will determine how these limits apply.

Colorado also follows a modified comparative fault rule. If you are found to be partially at fault for your injury, your compensation may be reduced accordingly. If you are 50 percent or more at fault, you may not be able to recover any damages. This makes it essential to work with an injury lawyer in Colorado who can clearly establish liability and protect your rights.

Proving Pain and Suffering

Unlike medical bills or lost wages, pain and suffering are not tied to a receipt or invoice. That makes it more difficult to quantify, but not impossible to prove. Common types of evidence include:

  • Medical records documenting your condition and treatment
  • Statements from physicians and therapists
  • Photographs of injuries
  • Testimony from family or friends about how your life has changed
  • Personal journals or written reflections

Courts often evaluate the severity of the injury, the duration of pain, the impact on your daily life, and whether the injury has long-term or permanent effects. A skilled personal injury attorney in Littleton will know how to compile and present this evidence effectively.

Real Outcomes from Local Injury Cases

At Reha Goodwin Caras, we have helped injury victims throughout Colorado pursue meaningful compensation for pain and suffering. In past cases, clients have recovered damages for emotional trauma following auto accidents, long-term mobility issues from construction site falls, and psychological distress from disfigurement and scarring. Visit our success stories page to learn more about how our firm has supported individuals after life-altering injuries.

Each case is different, and we approach every matter with a strategy tailored to the individual’s goals and medical situation. For those suffering both physically and emotionally, a well-prepared claim can make the difference between basic coverage and a result that truly reflects the impact of your injury.

Why Timeliness Matters

In Colorado, the statute of limitations for most personal injury cases is two years. However, cases involving motor vehicles typically follow a three-year limit. If you wait too long, you risk losing your right to pursue compensation, including pain and suffering. Acting promptly enables your legal team to gather substantial evidence, interview witnesses, and meet all filing deadlines.

If you are uncertain about how long you have or whether your case qualifies, we encourage you to contact us as soon as possible for a consultation.

Start the Process with Confidence

Recovering from an injury involves more than just healing your body. It also means reclaiming your quality of life. At Reha Goodwin Caras, we help clients throughout Littleton and the surrounding areas take the steps necessary to pursue full and fair compensation. If you are dealing with emotional or physical pain following an accident, our team is ready to help evaluate your case and guide you through the legal process. Contact us today to get started.

super-lawyers badge
av-rated badge
best-lawyers badge
avvo badge