How Much Is My Denver Personal Injury Claim Worth?
It is difficult to determine the exact value of a personal injury claim. Every personal injury claim is unique, and the amount of damages you can recover depends on the type of damages you have suffered. To better understand what your Denver personal injury claim is worth, you first need to understand the different types of damages you can recover.
In personal injury claims, damages are split into two types of damages: compensatory and non-compensatory damages.
Compensatory Damages
Compensatory Damages are meant to put you in the same position you were in before your personal injury. The person who caused your accident should reimburse you for your medical bills, lost wages, and other monetary losses. Further, you should be compensated for your pain and suffering.
Economic Damages
Economic damages are a subcategory of compensatory damages in which you are reimbursed for any tangible, monetary expenses you have incurred.
You are entitled to receive reimbursement for any medical bills you incurred as a result of your accident injuries, including the following:
- Bills from physicians, hospitals, and other medical providers
- Bills from the emergency room and ambulance ride
- Over-the-counter and prescription medications
- Home health care costs
- Long-term nursing care
- Physical therapy
- Medical supplies, equipment, and devices
- Mobility equipment
Your health insurance will likely pay for many of your medical bills while you are waiting for your personal injury claim to settle. However, you might have to repay your insurance company from your settlement proceeds.
If your injuries create a permanent impairment, you may also receive compensation for your estimated cost of future medical care.
You are entitled to any income you lost while you were recovering from your injuries. If your injuries are long-lasting or affect your ability to work in the future, you can also recover future lost income.
You can also recover out-of-pocket expenses for the other costs you incurred because of your personal injury accident. However, to recover damages, the costs must be reasonable and necessary.
Non-Economic Damages
You can also recover damages for non-economic losses. The value of non-monetary damages is much harder to determine because they are based on subjective criteria such as pain and suffering.
Types of non-economic damages may include:
- Permanent disabilities and impairments
- Mental anguish and trauma
- Scarring and disfigurement
- Physical pain and discomfort
- Emotional distress and suffering
- Loss of enjoyment of life
- Decrease in the quality of life
Following an accident resulting in a personal injury, you can sue for emotional distress in Denver, CO. However, you will likely not have a stack of invoices to prove the value of your emotional distress or pain and suffering. Instead, you will have to describe your suffering, your mental distress, and other non-monetary damages to the insurance company or a jury and convince them of the value of your damages.
In Colorado, non-economic damages are capped, meaning a jury cannot award you more than the statutory limit set forth by the Colorado legislature. The limits on personal injury damages in Colorado for non-economic damages are $424,000 for an injury incurred by one person and $1,195,000 for injuries to two or more people incurred in the same accident. These limits apply to any claims that occur on or after January 1, 2022. The cap is lower for injuries that occurred before January 1, 2022.
Punitive Damages
In certain cases, you may also be able to recover punitive damages. Typically, punitive damages are not meant to restore you to where you were before the accident but are meant to punish the person who harmed you. These damages are called exemplary damages.
Punitive damages are reserved for cases involving fraud, malice, or willful and wanton conduct. In such cases, the court may decide to punish the defendant to deter similar behavior in the future. Most personal injury cases do not warrant punitive damages because most personal injuries are caused by basic negligence.
The Type of Personal Injury Case Impact Its Value
The value of your personal injury claim may also be affected by the type of personal injury case you have.
The most common types of personal injury cases in Colorado include:
- Motor vehicle accidents
- Product defect cases
- Premises liability
- Medical malpractice
- Dog bites
Motor vehicle accidents are the most common type of personal injury case in Colorado. These personal injury cases include anything from a minor fender bender to a multi-car pile-up. According to the Colorado Department of Transportation’s fatality data, in 2023, there were 276 fatalities caused by car and truck accidents, 97 fatalities caused by motorcycle accidents, 76 fatalities involving pedestrians, and 15 fatalities involving bicycles.
For every motor vehicle fatality, there are hundreds more non-fatal injuries. Motor vehicle accidents often result in broken bones, traumatic brain injuries, spinal injuries, paralysis, disfigurement, and soft tissue injuries. Some injuries are not readily apparent and may appear hours, if not days, later. If you have been in a car accident, you may want to be aware of delayed concussion symptoms.
The more serious the injuries sustained in a motor vehicle accident, the more likely it is that your personal injury claim will be worth more. The most catastrophic injuries typically result from multi-car accidents and accidents involving tractor-trailers.
To protect yourself, you should be aware of the most common causes of car accidents in Denver. Avoid driving under the influence, driving while distracted, and speeding.
Contact a Colorado Personal Injury Attorney to Maximize Your Personal Injury Claim
If you are involved in an accident, a personal injury attorney can help you understand how much your claim is worth. A personal injury attorney can explain, in detail, the type of compensation you may be able to recover, the process for filing a claim, and the steps to take to maximize your personal injury claim.
If you have been injured in Denver, Colorado, contact the Denver personal injury attorneys at Zaner Harden Law, by calling (720) 613-9706, for help with your claim. We will provide you with a free consultation.
