If you have been injured in Colorado because of another party’s action or inaction, you may be able to file a personal injury claim to recover compensation for your damages.
Understanding what a personal injury suit is, what damages are, and what damages you can recover for your personal injury claim is helpful. Contact our Denver personal injury lawyers at Dan Caplis Law to discuss your legal options today. Call (303) 770-5551 for a free consultation today.
What is a Denver, Colorado Personal Injury Suit?
A Denver personal injury lawsuit is a type of civil law case. In criminal cases, the government prosecutes a case against a defendant for alleged violations of criminal law.
In a civil case, an injured or wronged person brings a suit against the person who wronged them or who is responsible for their injuries and losses.
In Colorado, if another party’s fault or negligence injures you, you may seek monetary damages from the negligent or wrongful party to compensate you for your injuries and losses.
Most personal injury cases are based on negligence. These cases include car accidents, slips and falls, and medical malpractice claims.
Some personal injury cases arise from someone’s intentional wrongful actions, such as physical assault, trespassing, or false imprisonment. When an intentional tort is committed, the defendant may also have criminal charges filed against them. However, criminal cases are distinct and separate from personal injury cases.
The third type of personal injury case is known as strict liability. Strict liability means that a party may be found liable for damages even if they are not considered negligent and did not intentionally cause harm. Examples of Colorado’s strict liability laws include dog and other animal bites and defective or dangerous products.
What Are Damages in a Denver Personal Injury Claim?
In a personal injury claim, damages are the money awarded to compensate you for your injuries and losses.
There are two general types of damages: compensatory damages and exemplary damages.
Compensatory Damages
Compensatory damages are intended to make the injury victim “whole” again or as close to how they were before the accident as possible.
Compensatory damages can be broken down into two categories – economic damages and non-economic damages.
Economic damages include current and future medical expenses, current and future lost wages, property damages, and other expenses or losses incurred because of the defendant’s negligence or wrongdoing.
Non-economic damages include pain and suffering, mental and emotional distress, loss of enjoyment of life, and other intangible losses or damages. Non-economic damages are more challenging to quantify and prove. However, they are often just as devastating as economic damages.
An experienced personal injury lawyer in Denver knows how to accurately value and calculate your current and future economic and non-economic damages, so you know what a fair settlement of your claim would be.
Exemplary Damages
Exemplary damages, also known as punitive damages, are not intended to compensate the injury victim but to punish the wrongdoer and deter similar behavior.
Colorado Revised Statute §13-21-102 provides exemplary damages only when the defendant’s actions are taken with fraud, malice, or willful and wanton conduct.
An example of when punitive damages may be awarded is a drunk driver causing a crash that injures someone. Their blatant disregard for the safety of others may give rise to an award of punitive damages.
However, if you have lost a loved one, reach out to our Denver wrongful death attorney to discuss your legal options today.
How Will My Damages Be Paid Out?
Your personal injury settlement may be paid out in several ways. You may receive a lump sum in one check for the total amount of your compensation. In some cases, your compensation may be paid out over time.
Some plaintiffs choose to establish a settlement trust to manage the funds and pay them out at specific times or for particular reasons.
Let Us Help You Recover Maximum Damages For Your Denver Personal Injury Claim
At Dan Caplis Law, our personal injury attorneys work hard to maximize your compensation. We investigate your accident, identify and collect evidence to support your claim, and have all your current and future damages accurately valued.
We will work hard to negotiate a fair settlement for you quickly. If a fair settlement can not be reached, we will take your case to trial to demand the full compensation you deserve.
Call (303) 770-5551 or visit our contact page for free consultation.