Your nurse may or may not care about your pain and suffering – as Marlo Greer notes in her TikTok on this topic – but your nurse’s insurance company probably does not. At least that’s the case in Colorado because Colorado places a cap – a maximum limit – that can be paid out for pain and suffering (also known as “noneconomic damages”) in medical malpractice lawsuits. That maximum, formerly set at $300,000 but recently increased to $555,000 for claims that occurred after January 1, 2025, may seem like a lot of money but is relatively low given how expensive it can be to file and pursue an effective medical malpractice case.

This means that if you have a medical malpractice case where your injuries were relatively minor, but you have still endured a lot of pain and suffering because of the malpractice, the insurance company is going to value your claim at a low level. They know that it’s going to be difficult for you to pursue a lawsuit against them and that even if you do, their maximum exposure is set by Colorado law. So, from their perspective, what do they have to lose by offering you the insurance company equivalent of “chump change” for your claim?

An Experienced Personal Injury Attorney Can Make a Difference

What you need is someone ready to call their bluff. If your insurance company is negotiating with a medical malpractice attorney who regularly files and pursues medical malpractice lawsuits, they are going to be much more likely to increase what they’re willing to pay you for your pain and suffering than if you try to negotiate with them on your own. That’s because they know that if a lawsuit is filed, they’re going to have to pay their lawyers to defend it and, in the end, run the risk of having to pay out more anyway.

Let the Greer Law Group Help You With Your Malpractice Claim

At the Greer Law Group, we regularly pursue medical malpractice claims on behalf of our clients, even in situations where the actual damages may be relatively low, but there was substantial pain and suffering involved. We know the tactics that insurance companies will use to hold on to every penny they can, and we’ll use our experience and expertise to fight to get you the compensation you deserve.

To learn more about what the Greer Law Group can do to help you with your medical malpractice claim, call us at 720-637-2467 or use our contact form to schedule a free, in-depth, no-obligation case evaluation.