Colorado personal injury law divides damages into three categories: economic damages, non-economic damages, and sometimes punitive damages may also be available.
Economic Damages
Economic damages cover the measurable financial losses caused by the injury. These include:
- Medical expenses: Emergency care, surgery, hospitalization, medication, therapy, and medical equipment can all add up quickly after a significant injury.
- Future medical care: The projected cost of future medical treatment, rehabilitation, medications, and other care related to the injury.
- Lost wages: Income missed during recovery
- Loss of future earning capacity: The reduction in what you can earn when injuries limit your ability to work takes into account partial disability, job changes, early retirement, or repositioning in the workforce.
- Out-of-pocket costs: Transportation to appointments, home modifications, and other expenses the injury creates can create unanticipated financial strain on day-to-day life, above and beyond primary medical care.
- Property damage: Repair or replacement of a vehicle or other property damaged in the accident.
Economic damages are proven through documentation, such as bills, pay records, and expert projections of future costs. There is no cap on economic damages in Colorado.
Non-Economic Damages
Non-economic damages compensate for the personal, non-financial harm an injury causes. These include costs for:
- Pain and suffering: The physical pain of the injury itself, from the initial trauma through treatment and recovery
- Emotional distress: Anxiety, depression, sleep problems, and the psychological effects that follow serious injuries can affect your mental well-being just as much as any physical wound, often requiring therapy or medication.
- Loss of enjoyment of life: The activities, hobbies, and daily experiences the injury has taken away or diminished, from sports participation to basic socializing or engaging with loved ones, can be included in your claim.
Non-economic damages are proven through medical records, testimony from the injured person and the people around them, and expert opinions about the injury’s effects.
Punitive Damages
Punitive damages, called exemplary damages in Colorado, are not provided just to compensate the victim. They exist to punish conduct involving fraud, malice, or willful and wanton behavior. Colorado law generally limits punitive damages to an amount equal to the compensatory damages awarded, and they cannot be requested in the initial filing of a lawsuit; they must be added later, after evidence supports them. Whether a case qualifies depends entirely on the conduct involved.
How Are Damages Proven?
Damages in a personal injury case are proven through medical records and bills showing the full scope of injuries and treatment, pay stubs and employer letters covering time missed at work, and receipts for out-of-pocket expenses related to the accident. Repair estimates substantiate property damage claims, while expert opinions and supporting photographs can demonstrate future care needs or permanent limitations.
When it comes to non-economic damages, such as pain and suffering or loss of enjoyment of life, personal journals, witness statements, and testimony about how the injury has affected your everyday routines help to prove these losses.
Because every category of damages requires different types of evidence, working with a personal injury lawyer early can help ensure your losses are fully documented and accurately valued. Contact our office today for a free case evaluation.