“Damages” refers to the money a personal injury victim may recover from a negligent party after reaching a settlement or winning a civil lawsuit at trial. Damage amounts are unique to personal injury cases, as no two accidents or injury claims are alike.
Damages available to a personal injury victim depend on a variety of factors including but not limited to:
- The type of accident;
- The location of the injuries;
- The severity of the injuries;
- The total medical bills;
- The victim’s prognosis for recovery;
- Whether the victim is permanently disabled;
- Whether the victim can return to work;
- The age of the victim;
- The insurance policy limits; and
- The total cost of the losses incurred by the victim.
The following is an overview of the damages available in Colorado personal injury cases. If you suffered a personal injury accident and would like to learn about the types of damages available, contact an experienced Denver personal injury attorney.
Compensatory Damages in Colorado Personal Injury Cases
Compensatory damages are damages meant to compensate victim for their economic and non-economic accident-related losses and any losses incurred due to accident-related physical impairment.
Economic Damages
Economic damages are losses with calculable or fixed dollar amounts. These damages typically include the following:
- Hospital bills;
- Surgery costs;
- Doctor visits;
- Prescription drugs;
- Rehabilitation and physical therapy;
- Lost wages;
- Lost earning capacity;
- Property damage; and
- Mental health treatment.
Non-Economic Damages
Non-economic damages are subjective costs personal to an accident victim. No bills are associated with non-economic damages, and applying figures to non-economic damages can be difficult.
Instead, these losses include:
- Physical pain;
- Mental anguish;
- Post-traumatic stress disorder (PTSD);
- Loss of enjoyment of life; and
- Loss of consortium or companionship (moral support, sexual relations, or affection).
Damages Due to Physical Impairment
Damages due to physical impairment are distinct from and in addition to economic and non-economic damages in Colorado.
Physical impairment includes:
- Scarring and disfigurement;
- Neurological damage;
- Hearing loss;
- Vision loss; and
- Other anatomical loss or pain.
Exemplary or Punitive Damages in Colorado
A personal injury victim may be awarded exemplary or punitive damages at trial. These damages are not a reward for the victim but a punishment for the at-fault party.
Exemplary damages are meant to set an example of or punish a defendant for outrageous or egregious behavior and discourage the same or similar behavior in the future.
Colorado caps or limits punitive damages. The amount of punitive damages must not exceed a case’s economic damages. (There is an exception for extreme cases.)
To discuss punitive damages or to learn an approximate claim value for your case, contact an experienced Denver personal injury attorney.
Contact an Experienced Denver Personal Injury Attorney Today
Colorado limits the time in which you may file a personal injury claim. You must speak with an experienced Denver personal injury attorney and start your case immediately!
Dulin McQuinn Young can answer your personal injury questions and fight for the compensation you deserve! We have fought for injury victims across Colorado for over 20 years and have a winning trial record!
Schedule a risk-free consultation at Dulin McQuinn Young now and begin your path to recovery. You can reach our professional team at (303) 246-1111.