A car accident can leave you with medical bills, lost income, vehicle damage, and other unexpected losses. If someone else caused the crash, Colorado law allows you to recover compensation for the financial and personal impact of your injuries.
An experienced Colorado car accident lawyer at Olson Personal Injury Lawyers can explain how filing a personal injury claim can lead to compensation through the settlement process or at trial, and help you better understand what damages might be available based on your circumstances.
Key Takeaways
- Car accident compensation may cover financial losses, such as medical bills, lost income, property damage, and other related expenses.
- Injured victims may also seek damages for pain and suffering, emotional distress, loss of enjoyment of life, physical impairment, and disfigurement.
- Under Colorado’s comparative negligence rule, you can recover damages only if you are less than 50% at fault, and your percentage of fault reduces your compensation.
What Are Economic Damages?
Economic damages compensate you for the financial losses you experience after a car accident. Economic damages can include:
- Medical expenses: Costs for emergency treatment, hospital care, surgery, medication, rehabilitation, medical equipment, and future care
- Lost income and earning capacity: Income lost while recovering and potential future earnings if your injuries limit your ability to work
- Property damage: The cost of repairing or replacing your vehicle and other personal property damaged in the crash
- Other accident-related expenses: Transportation to medical appointments, in-home assistance, and other necessary out-of-pocket costs
Our car accident attorneys can review your claim, determine which economic damages you may be entitled to, and further explain the settlement process.
What Are Non-Economic Damages?
Non-economic damages compensate an injured person for losses that do not have a set dollar value. Non-economic damages can include:
- Pain and suffering: Physical pain, discomfort, and other symptoms caused by your injuries
- Emotional distress: Anxiety, depression, trauma, sleep problems, or other emotional effects of the collision
- Loss of enjoyment of life: The reduced ability to participate in hobbies, activities, family life, or daily routines
- Loss of consortium: Harm to the injured person’s relationship with their spouse, including the loss of companionship, affection, or intimacy
Under C.R.S. § 13-21-102.5, personal injury claims filed on or after January 1, 2025, generally cap non-economic damages at $1.5 million. The cap will be adjusted for inflation beginning in 2028. Different limits may apply to older claims, medical malpractice cases, and claims against government entities. Damages for permanent physical impairment or disfigurement are considered separately from other non-economic damages.
Damages for Physical Impairment and Disfigurement
Colorado law treats compensation for physical impairment and disfigurement as a separate category from other non-economic damages. Additionally, physical impairment is separate from disfigurement.
- Physical impairment: Examples of physical impairment include paralysis, reduced range of motion, chronic weakness, organ damage, permanent surgical implants, or permanent brain impairment.
- Disfigurement: Examples of disfigurement include injury scars, surgical scars, burn scars, amputations, and facial or dental damage.
Because physical impairment and disfiguration are a separate category from other non-economic damages, they are not included in Colorado’s cap for non-economic damages.
Case Study: $4,500,000 Compensation After a Colorado Car Accident Left a Client Permanently Injured
Our client suffered permanent, debilitating injuries after being struck by a drunk driver in Denver. Olson Personal Injury Lawyers recovered $4,500,000 to compensate for extensive medical treatment, long-term disability, and the lasting impact the crash had on our client’s quality of life.
What Are Punitive Damages?
Punitive damages are called exemplary damages under Colorado law. They are intended to punish especially egregious conduct and deter similar behavior. A court may award them when the injured person proves the defendant acted with fraud, malice, or willful and wanton conduct. These damages are generally limited to the amount of compensatory damages awarded, although a court may increase or reduce the award in certain circumstances.
The Impact of Colorado’s Comparative Negligence Rules on Compensation
Colorado follows a modified comparative negligence rule. Under this, you can only recover compensation if you are less than 50% responsible for the crash. In addition, your award is reduced by your share of fault.
For example, if your damages total $100,000 and you are found 20% at fault, your compensation would be reduced by $20,000, leaving you with $80,000. However, if you are found 50% or more at fault, you cannot recover damages from the other driver.
Contact Our Colorado Car Accident Lawyers
If you were injured in a car accident, our legal team at Olson Personal Injury Lawyers can review your case and explain what compensation may be available. Call (303) 381-2234 or contact our firm online to request a free case evaluation.
