September 25, 2017

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Colorado Personal Injury Law

Denver Law Firms

Personal injury law covers a very broad range of harm caused by someone else’s negligence or wrongdoing. Personal injury victims can recover compensation for their injuries through a personal injury lawsuit. Most of these cases are resolved by a settlement, rather than going to trial.

Examples of Personal Injury

Personal injury includes, but is by no means limited to:

  • Auto accidents (and accidents involving other motor vehicles)

  • Slip and fall

  • Medical malpractice

  • Injuries caused by defective products, including dangerous medications

  • Construction accidents

  • Swimming pool accidents

  • Pedestrian accidents

  • Bicycle accidents

  • Amusement park injuries

  • Police misconduct

Damages and Caps

Compensatory damages are meant to compensate you for your losses and future losses, and come in the form of economic and noneconomic damages, and can include:

  • Past, current, and future lost income

  • Lost earning capacity

  • Disability

  • Past, current, and future medical expenses, including travel expenses

  • Home modifications and special equipment to accommodate disability

  • Other expenses created by the injury

  • Property damage

  • Disfigurement

  • Physical pain and suffering

  • Mental and emotional pain and suffering

  • Loss of the capacity to enjoy life

  • Deprivation of the benefits of a family relationship

Economic damages include medical expenses, lost wages, and other losses with a specific monetary value. This includes future economic losses which must be estimated. In Colorado there is no cap on economic damages.

Catastrophic injuries, such as brain or spinal cord injuries, carry lifetime costs that can easily run in the millions of dollars. Denver personal injury attorneys work with medical and financial experts to calculate and prove future economic losses in cases involving long-term or permanent injuries.

Noneconomic damages are those which do not have a specific dollar value, but typically mean the most to injury victims. These can include pain and suffering, diminished quality of life, and loss of the capacity to enjoy life. Colorado has placed caps on noneconomic damages.

Punitive damages are only allowed under certain circumstances. Punitive damages are not meant to compensate you; they are meant to punish the wrongdoer. In order to receive punitive damages you must prove that your injuries were the result of fraud, malice, or willful and wanton conduct.

If You Were Partly at Fault

If you were partly to blame for your injuries, you can still recover compensation as long as you were less than 50% to blame. This is called modified comparative negligence. Your compensation is reduced by your percentage of fault.

So, if you were 20% at fault for your injuries and your damages amount to $100,000 you would receive $80,000. If you are found to be 50% to blame, or more, however, you receive nothing.