After the initial shock of an injury caused by the actions (or inactions) of another, one of your first thoughts may be what kind of damages you can sue for in Colorado Springs. Your mounting healthcare bills and loss of income, not to mention the physical and psychological fall-out of an injury, naturally lead you to seek justice for your pain and suffering.
Outside of criminal prosecution (which may not apply to your injuries), justice is most often served through a personal injury claim or lawsuit. This legal process aims to make you “whole” again by awarding damages that cover the losses and hardships you’ve endured.
Understanding what damages you can sue for is vital for receiving fair and just compensation.
Compensatory Damages: Restoring Your Losses
The primary objective of compensatory damages is to reimburse you for the tangible and intangible losses resulting from your injury. These fall into two areas: economic and non-economic damages.
Economic Damages: Quantifying Your Financial Setbacks
Economic damages are quantifiable compensation for the direct financial losses incurred from the accident and your injuries. These losses are substantiated by hard evidence, such as medical bills, invoices, and pay stubs.
Examples of Economic Damages You Can Sue For:
Medical Expenses: Costs associated with emergency medical treatment, hospitalization, surgeries, rehabilitation, physical therapy, prescription medications, and any current, ongoing or future medical care required due to your injuries.
Lost Wages: If your injuries keep you from going to work every day or hinder your ability to perform your duties at the same level as before your accident, you can claim damages for your loss of income during recovery, including wages, salaries, bonuses, and other employment benefits.
Loss of Future Earning Capacity: Injuries resulting in permanent disabilities or impairments may qualify you for compensation because they diminish your ability to earn a living in the future.
Property Damage: If you suffer damage or destruction to personal property in the accident, such as a vehicle or belongings, you can seek remuneration for the repair or replacement costs.
Household Services: If your injuries have rendered you unable to perform routine household tasks, you can claim compensation for the costs associated with hiring help for services like cleaning, cooking, or childcare.
These are just some tangible damages you can sue for in Colorado. But what about the intangible damages?
Non-Economic Damages: Acknowledging Your Suffering
Non-economic damages are how you receive compensation for the intangible losses and suffering you’ve experienced due to your injuries. These losses are subjective and cannot be easily quantified, making them more challenging to calculate.
Examples of Non-Economic Damages You Can Sue For:
Pain and Suffering: The physical pain, discomfort, and emotional anguish you’ve endured due to your injuries are “pain and suffering,” as well as the potential for future suffering if your condition is chronic or permanent.
Loss of Enjoyment of Life: If your injuries have significantly impaired your ability to engage in activities, hobbies or interests that previously brought you joy and fulfillment, you may be entitled to compensation for this loss.
Disfigurement or Scarring: In cases where your injuries have resulted in permanent disfigurement or visible scarring, you may be eligible to receive recompense for emotional distress and your diminished quality of life associated with these physical changes.
Loss of Consortium: This compensation is awarded to your spouse or family members for any loss of companionship, affection, and support they’ve experienced due to your injuries.
Learn More: Can a Spouse Get Compensation For a Partner’s Injury?
Colorado places statutory limits on non-economic damages, which are adjusted periodically for inflation. However, in cases where the court finds clear and convincing evidence that greater non-economic damages are warranted, these limits may be increased.
Punitive Damages: A Deterrent for Egregious Conduct
While compensatory damages are the most common damages you can sue for, there are other instances where you can file suit.
In rare instances, you may be eligible to seek punitive (also known as exemplary) damages in addition to compensatory damages. Just as the word “exemplary” indicates, these damages punish the defendant for particularly egregious, willful, or wanton conduct and deter similar behavior in the future – essentially setting the individual or entity up as an example to avoid.
To be awarded punitive damages, you must provide evidence that the defendant’s actions were motivated by fraud, malice, or a deliberate disregard for your rights and safety. Examples of such conduct may include drunk driving, intentional harm, or gross negligence.
Related: I Was Injured By a Drunk Driver. Now What?
Colorado personal injury law caps punitive damages to the amount of compensatory damages awarded. However, if the court finds the defendant’s conduct was particularly egregious, the cap may be increased to three times the compensatory damages.
Navigating the Complexities of Damage Calculations
Calculating the appropriate amount of damages you can sue for in Colorado personal injury claims can be a complex and intricate process. You must carefully consider various factors, such as whether your injuries are serious enough to sue, the extent of your losses, and the long-term impact on your life.
Without the expertise of a skilled professional to evaluate your case, gather the necessary evidence, negotiate with insurance companies, or present compelling evidence in court, you could leave money on the table.
Hiring an experienced accident and injury attorney in Colorado Springs can ensure you get the maximum compensation for your injuries.
The right attorney will help you navigate the nuances of Colorado’s personal injury laws, including the statute of limitations and any applicable damage caps or limitations. They will tirelessly protect your rights and advocate for a fair and just settlement package or verdict.
Understanding the Damages You Can Sue For is Just the First Step
If you have injuries from an accident that is not your fault, you want justice for your pain and suffering. The good news is that you can find relief for compensatory and, in some cases, punitive damages. However, just understanding the various types of damages you can sue for is not enough to ensure you get the maximum compensation for your injuries.
Getting the most compensation for injuries can be a complex and overwhelming legal process, but you don’t have to navigate these murky waters alone. At King & Beaty LLC, our experienced and compassionate personal injury attorneys will be your advocates and protectors, guiding you through the legal intricacies and tenaciously fighting to get you the compensation you deserve.
Don’t hesitate to take action and seek the justice you deserve. Your well-being and future are worth the effort, and with the right legal representation, you can pursue the path to recovery and restoration.
Schedule your free consultation and case evaluation with a personal injury attorney today.
