What Are Non-Economic Damages in Personal Injury Cases?

 Posted on August 21, 2024 in Personal Injury

A new Colorado law is set to go into effect in January 2025. Among other things, this bill increases caps on non-economic damages in personal injury cases. The statute also includes a stipulation that these caps must be adjusted for inflation on January 1, 2028, and every two years afterward.

It is vitally important that Colorado attorneys understand how these changes may affect claims. At The Gold Law Firm, we want you to be informed, as well. This is a perfect opportunity to review what non-economic damages are, along with other basics in personal injury law.

What Is a Personal Injury Claim?

Accidents happen every day, potentially causing injuries and fatalities. A personal injury claim allows injured victims to obtain different kinds of compensation, called damages. These claims are usually based on proving negligence, which is a legal term meaning failing to act like a reasonable person would in the same situation. Many kinds of accidents fall under the personal injury umbrella, including:

• Car accidents

• Truck accidents

• Motorcycle accidents

• Premises liability

• Wrongful death

If you think your accident qualifies, reach out to one of our legal professionals for a free consultation. We will discuss the specifics and tell you how we can help.

Personal injury cases usually start by filing an insurance claim against the party or parties responsible for causing an accident. Each party is assigned a percentage of fault, which is how much of the total damages they are liable for paying.

If you share responsibility in a Colorado injury accident, you can still obtain compensation as long as your degree of fault is less than 50 percent; your damages will simply be reduced by whatever percentage of responsibility you share. For example, if you are 25 percent responsible for causing the crash, your damages will be reduced by 25 percent. 

Insurance companies may offer you a settlement or deny your claim. With the assistance of an attorney from The Gold Law Firm, we can dispute claim denials and negotiate for the highest settlement amount possible. We may recommend filing a civil lawsuit to achieve the best outcome.

What Kinds of Damages May Be Available in Colorado Personal Injury Cases?

Damages in CO personal injury cases are broken into categories. The amounts you may obtain depend on case-specific details.

Compensatory Damages

This category of damages is broken down further. These damages are based on the losses you suffer as a direct result of your accident and injuries.

Economic Damages

You will likely incur several expenses that are a direct result of your accident. You may receive damages in the form of a dollar-for-dollar reimbursement for qualifying expenses that include:

• Medical expenses

• Ongoing care or replacement services

• Property damage

• Lost wages

Keep all accident-related bills and receipts to use as supporting evidence in your claim.

Non-Economic Damages

This type of damages is somewhat subjective. The intent is to compensate you for intangible losses that may have a tremendous impact on your life. This category is the subject of the new CO law. If these apply to you, you may receive compensation for losses including:

• Losing the ability to enjoy life

• Pain and suffering

• Anxiety, depression, and PTSD

• Inconvenience

• Damage to personal relationships

• Permanent disfigurement or disability

Generally speaking, the more severely these conditions impact you, the higher your non-economic compensation may be. Liable insurers often question the validity of non-economic damages, but your legal team from The Gold Law Firm will fight to help you get as much as you deserve.

Exemplary Damages

In some cases when the defendant exhibited particularly negligent behaviors, you may receive exemplary damages. Unlike compensatory damages, these are intended to punish the defendant further and serve as an example to deter similar actions.

Contact Us Now To Speak With Our Knowledgeable Denver, CO Personal Injury Lawyers

If someone else’s negligence injures you, you deserve reasonable compensation. At The Gold Law Firm, we will work hard to see that you get it. Call us today at 303-694-4653 for your free consultation with our skilled Denver County, Colorado personal injury attorneys.