If you or a family member recently sustained an injury and/or economic loss due to the actions of another party, it is natural to wonder how you can hold them accountable for their actions and how you can recover from the resulting damage. The personal injury laws of the state may not be as flexible in terms of plaintiff recovery as those of many other states, but they do provide you with the means of seeking accountability for the losses you suffered.
Success with any personal injury case requires accurately identifying the defendant who injured you, proving the range of damage they caused, and establishing a clear link between their negligence or misconduct and your claimed losses. This process can be more difficult than you initially expected, and many variables can potentially influence your final award. Therefore, it is always best to approach any personal injury claim supported by a legal representative you can trust.
Commonly Reported Damages in Personal Injury Claims
Under Colorado’s personal injury statutes, the victim of another party’s negligence has the right to seek complete repayment of all the economic damage that negligence caused. In most personal injury cases, plaintiffs seek compensation for:
- Property damage. If a defendant damaged or destroyed the plaintiff’s personal property, they could seek repair or replacement costs as economic damages in their civil suit.
- Medical expenses. Most personal injury claims pertain to physical injuries, and a defendant is liable for any and all medical expenses they cause a plaintiff to incur.
- Long-term treatment costs. Unfortunately, some victims of personal injuries face extensive long-term or permanent medical complications from their experiences. The defendant responsible for this level of injury faces financial liability for the full scope of treatment the victim requires until they reach maximum medical improvement.
- Lost wages. A personal injury may prevent the victim from working while they recover, and the defendant is responsible for repaying the income the plaintiff is unable to earn during this time.
- Lost future income. Any time a personal injury plaintiff suffers a severe injury that limits their ability to work and earn income in the future, the defendant is liable for the income they can no longer earn.
Most people who experience personal injuries are capable of assessing their immediately noticeable economic damages, but they are likely to have trouble when it comes to accurately calculating the long-term economic impact of a personal injury without an attorney. Beyond these economic losses, the plaintiff also has the right to recover pain and suffering compensation, but this is limited by state law. Therefore, if you want the best chance of securing the full scope of economic damages you are entitled to claim and maximizing your pain and suffering compensation, it is crucial to connect with a personal injury attorney as soon as possible.
FAQs on Personal Injury Settlement Amount Colorado
How Do I Prove Liability for My Economic Damages in a Personal Injury Case?
To secure the compensation you deserve after experiencing a personal injury, you must be prepared to offer clear evidence showing that the defendant you have named in your suit directly caused your claimed economic losses. State law permits you to seek full recovery from any and all economic damages incurred from the incident, both immediately following the accident and those you are likely to face in the future because of the defendant’s actions.
What Can I Claim in Pain and Suffering Compensation?
The state restricts pain and suffering compensation for personal injury claimants. The state limits pain and suffering to $250,000 in most personal injury claims, but this cap can be raised to $500,000. These limits have increased incrementally since they were established into law to account for inflation. Your personal injury attorney can advise you as to how much you could potentially receive in pain and suffering compensation.
What Is the Average Personal Injury Claim Payout?
Personal injury is a very broad area of civil law and applies to many types of cases. It is difficult to assess an average claim award for personal injury claims due to the diverse array of cases filed each year. Typically, a plaintiff can expect roughly 1.5 times the total amount of economic damages they suffered. This is due to their ability to claim non-economic damages. Other factors may also influence their case award, such as the defendant’s illegal action or egregious negligence.
What Will My Attorney Take as Their Legal Fee?
Most of the personal injury attorneys taking cases in the state accept clients on a contingency fee basis. This means the client does not owe any immediate legal fees at the beginning of their case and will not be required to pay any fees for the duration of their proceedings. If the attorney fails to secure compensation on their behalf, the client pays nothing. If the attorney wins the case, they will typically take between 25% and 40% of the case award. The exact amount usually depends on the overall complexity of the case and the amount of damages sought by the plaintiff; state law also limits contingency fees for certain types of cases.
What Happens When a Personal Injury Is Fatal?
In the event that the victim of a personal injury dies, their family would likely have grounds to file a wrongful death suit against the party responsible for causing the death. This kind of claim mirrors a personal injury action in several ways with some notable differences. Specifically, while a personal injury claim seeks recompense for the victim’s losses, wrongful death claims aim to compensate the victim’s family.
The Law Firm of Jeremy Rosenthal has years of professional experience in Colorado civil law. We have assisted many past clients with their claims and know how to identify your greatest opportunities for recovery in your proceedings. It is always best to secure legal counsel you can trust as soon as possible after a personal injury occurs, so contact our firm today and schedule a consultation with a personal injury attorney you can trust.