WHAT DAMAGES ARE RECOVERABLE IN A COLORADO MOTOR VEHICLE ACCIDENT CASE?
How might you be reimbursed for what you’re going through in the months after a vehicle accident, especially one that has left you with mountains of medical debt? Here are the kind of damages that people frequently ask for and receive in Colorado auto accidents.
Compensatory damages
Compensatory damages are sums of money paid to compensate for losses in Colorado motor vehicle accidents. The two sub-categories of compensatory damages are economic and non-economic.
Economic damages
You must categorize everything that went into assisting you in trying to recover from the accident to figure out what you owe in terms of medical care. These expenses could consist of:
- Inpatient stays
- Surgery
- Medication and other prescriptions, including crutches and meals that are required for medical reasons
- Services for emergencies
- Physical therapy
- Care provided at home.
Understanding the full nature of your injuries and medical bills is crucial before demanding payment from an insurance company or submitting an injury claim. A victim of an automobile accident in Colorado has three years from the date of the collision to claim under the state’s statute of limitations. However, you should remember that you only have two years to file a cause of action if it involves a product liability claim, such as a defective seatbelt or car component.
Additional forms of compensation for economic compensatory damages include:
- Losing income. You are entitled to financial compensation for the wages you would have earned in the absence of your injury. There will be a requirement to provide proof of earning potential.
- The destruction or damage to property. Plaintiffs are eligible to get compensation for the cost of replacing any damaged vehicles and any personal property that was inside them at the time of the accident.
- Legal costs. If a verdict or settlement is in your favor, you can request repayment for court costs, including your attorney’s fees.
Non-economic compensation
In the state of Colorado, some non-economic injuries are also compensable. These include less concrete but no less severe injuries, like:
- Anguish and pain. Clients are urged to keep journals in which they record their daily agony.
- Emotional turmoil. You can seek compensation for the immediate shock of being in an accident and any subsequent depression, anxiety, or other emotional problems.
- Reduction in enjoyment. It is compensable to lose the joy of life. This includes having the ability to engage in hobbies and sports. Losing the ability to have close relationships, particularly with a spouse, is also a part of it.
- Disfigurement. You have a claim to compensation if an incident leaves you with lifelong impairments like brain damage or scars.
Non-economic damages are difficult to value because there is no formula for calculating them. The person’s job, lifestyle, and prior wounds or disfigurements are among the many variables considered when valuing non-economic damages.
Punitive damages
Finally, the court may order punitive damages if a driver’s acts before, during, or after an accident were deemed so heinous or purposeful that they warranted punishment beyond simply making amends with the incident’s victims. Excessive speeding, drunk driving, and purposely operating an unsafe vehicle are wrongdoings that may be subject to punitive damages.