After a Colorado car accident, if you’ve got a pile of medical bills and growing fears about your future, you might be wondering if you are entitled to compensation and how much your claim might be worth. Unfortunately, there’s not always a straightforward answer. Reviewing the average car accident settlement doesn’t necessarily tell you what your case is worth, because the facts of each case are different.
However, it helps to evaluate the different types of compensation you are entitled to pursue and the extent of your personal losses. Car accident victims can recover compensation for their actual damages, including medical bills, reduced earning capacity, and missed work time. They are also entitled to seek compensation for non-economic losses, like pain and suffering and emotional distress.
At Olson Personal Injury Lawyers, we can help you understand the value of your potential claim. Contact us online today or give us a call at (303) 381-2234.
Key Takeaways
- Compensation for a Colorado car accident includes economic and non-economic damages.
- The more severely you were hurt, the more compensation you are entitled to collect.
- In Colorado, there is a cap on the amount of compensation you can collect for pain and suffering.
- A car accident lawyer can help you maximize your compensation.
- Even if you are partly at fault for the accident, you might still be entitled to recover partial compensation.
The Two Main Categories of Compensation Available in Colorado
Car accident compensation in Colorado can be broadly divided into two main categories. These include:
- Economic damages: These are damages for actual financial loss. You can measure in dollars and cents the amount you spent on care or failed to earn at work due to your injuries.
- Non-economic damages: These damages are harder to measure and include pain and suffering, emotional distress, and other intangible losses. The damages are real and costly, but it’s much harder to calculate a dollar amount.
Economic Damages: What Costs Can Be Directly Reimbursed?
Economic damages are actual financial losses. They can include:
- Medical bills: This includes the cost of emergency room care, ambulance transport, your hospital stay, surgeries, doctor visits, diagnostic tests, prescription medications, physical therapy or chiropractic care. It can also include future medical treatment your injuries are expected to require. For example, a whiplash injury may require months of physical therapy, while a spinal injury could require surgery and ongoing rehabilitation.
- Lost wages: If your injuries prevent you from working as normal, you can recover the income you lost during your recovery
- Reduced earning power: Your injuries may make it impossible to return to your previous job. You may have to work fewer hours or accept lower-paying work that you can do with new physical limitations. If your injuries permanently reduce your ability to earn a living, you may be entitled to compensation for those future financial losses
- Property damage: If your car, personal property, bicycle, or other items you own were damaged by the accident, you can pursue compensation for your loss.
Non-Economic Damages: Compensation for How the Accident Affected Your Life
Non-economic damages can have a very profound impact on your life, even if they don’t cause measurable financial loss. Some of the most common non-economic damages you may be entitled to compensation for include:
- Emotional distress: This includes issues like PTSD or anxiety.
- Lost companionship: If your relationship with loved ones changed, you can seek compensation.
- Pain and suffering: This is the physical discomfort your accident and injuries have caused.
- Reduced quality of life: When your injuries affect your ability to do things you used to do, your quality of life is compromised.
Does Colorado Limit Compensation for Pain and Suffering?
Colorado limits compensation for non-economic damages in most personal injury claims. This means there is a cap on how much you can be paid for pain and suffering, emotional distress, and other losses that cannot be measured in money.
Under House Bill 24-1472, for most injury claims filed on or after January 1, 2025, the cap on non-economic damages is $1.5 million. Starting in 2028, the cap will be adjusted every two years to account for inflation.
It is still worth suing for pain and suffering, even with the cap. You can still recover substantial compensation, but it is limited. Additionally, this limit is entirely separate from any recovery you receive for medical bills or lost wages.
Can You Recover Punitive Damages After a Colorado Car Accident?
Unlike compensation for your medical bills or pain and suffering, punitive damages are meant to punish defendants for serious misconduct.
Punitive damages are not available in every case. Typically, you must be able to show that the at-fault driver’s misconduct went beyond ordinary negligence and involved fraud, malice, or willful and wanton conduct. That means the driver knew their actions could cause substantial harm but still disregarded your safety or the safety of others. This standard may apply in cases involving drunk driving, road rage, or other reckless behavior.
Punitive damages are also subject to caps. Additionally, under Colorado law, the request for punitive damages can’t be included in your original complaint. Instead, you must gather evidence for your case and later ask the court to request punitive damages.
Case Study: $350,000 in Compensation for a Colorado Car Accident Caused by a Police Officer
A police officer driving the wrong way on a Colorado roadway caused a head-on collision that left the other vehicle’s occupants with traumatic brain injury, spinal cord damage and internal injuries, months of medical treatment and lost income. The police department’s insurance made a lowball settlement offer, and attorney Sean Olson refused it, prepared the case for trial, and documented the officer’s negligence. The victims recovered $350,000.
How Does Colorado’s Comparative Negligence Rule Affect Compensation?
If you were partly at fault for the accident, your potential for compensation will be affected. Colorado’s comparative negligence law allows a crash victim to hold the mostly at-fault driver accountable for damages, even if the victim bears some responsibility.
Specifically, if you are a crash victim, you can recover compensation as long as you were less than 50% at fault for the crash. However, your compensation will be reduced based on the percentage of fault attributed to you. For example, if you are awarded $100,000 but you were 20% responsible for the accident, you could recover $80,000.
If you are 50% or more at fault, you cannot recover damages from the other party.
What Factors Affect How Much a Colorado Car Accident Claim Is Worth?
There are several factors that can affect how much your Colorado car accident claim is worth. These include:
- Injury severity
- Long-term impact
- Evidence strength
- Treatment consistency
- Liability disputes
The more serious your injuries, the higher your potential settlement is likely to be. Additionally, the more proof you have that your accident severely impacted your life, the more likely you are to receive a higher settlement offer.
How Do Insurance Companies Influence Your Potential Compensation?
Insurance companies can also influence your potential compensation. Insurers won’t pay more than policy limits allow, so no matter how badly you were hurt, you can’t collect more from an insurer than the policy coverage provides.
Additionally, insurers use various tactics to pay as little as possible. Some of these tactics include pressuring you to settle quickly before the full extent of your injuries is known, and attempting to shift the blame onto you. Our car accident lawyers can manage negotiations with the insurer on your behalf and fight to ensure you get the full compensation available for your injuries.
How a Colorado Car Accident Lawyer Can Help Maximize Compensation
An experienced Colorado car accident lawyer can protect your rights and best interests throughout your case by:
- Gathering and preserving evidence to build a strong trial-ready claim
- Accurately valuing your claim so you don’t accept a low settlement offer
- Negotiating with the insurance company on your behalf
- Taking your case to court to fight for the justice you deserve
Your attorney can also file your claim within the personal injury statute of limitations to ensure your case can be heard.
Car accidents can cause life-altering injuries and leave you with significant financial burdens. If you’ve been hurt due to someone else’s negligence, you may have the right to compensation. Our car accident lawyers are here to help you get justice.
Get Help From a Colorado Car Accident Attorney Today
Olson Personal Injury Lawyers can help you fight for your right to maximize compensation. When you need us, we are here. Even after you receive your settlement. We are on a mission: Protecting The West, one case at a time. Find out how we can put our knowledge to work for you.
Contact us online today or give us a call at (303) 381-2234 to speak with a Colorado car accident lawyer you can trust to fight for you.
