If you were involved in an automobile accident in Colorado, you may have the right to file a claim to gain compensation for your injuries and suffering. After all, if someone else caused the accident and you were not at fault, you should not have to pay for all of the harm that took place. The money that the court awards you as recompense is known as damages.
Damages are paid to the injured claimant from the at-fault party, also called the defendant. The insurer of the defendant may also award you compensation through a settlement. Usually, this will be a specific amount of money for the purpose of covering your bills and repairing property damage. Damages may fall into a few different categories.
In order to file claims and access these damages, you may need to prove that the at-fault party was clearly acting in a reckless or negligent manner. A police report may be needed to prove this because Colorado is an at-fault state. However, sometimes, things can get complicated.
Determining fault may not always be clear cut and the at-fault insurance party could try to deny paying your claims. For this reason, it is wise to immediately hire a skilled car accident attorney to represent your interests. Your personal injury attorney will be able to help you determine what damages may be owed to you and how best to go about filing claims.
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Need Help with Identifying Damage After Your Accident? Contact Our Team.
If you need help figuring out the different types of damages and which ones to claim, hiring an experienced personal injury attorney is one of the best things that you can do. Your personal injury attorney will represent your interest in court, help you go up against the at-fault party’s insurance company, and walk you through every stage of the claims process.
At Matlin Injury Law, we are proud to serve injured victims in Parker, Colorado, and the surrounding cities. To schedule your free case consultation, contact us. We are ready to serve you with exceptional consideration today! In the meantime, you can continue reading this guide about how damages are awarded and what types of damage someone can claim after an auto accident in Colorado.
All About Damages After an Automobile Accident in Colorado
There are two main categories of damages. These are special damages and general damages. Special damages are also sometimes referred to as non-economic damages. Regular damages are sometimes referred to as economic damages. It is important to understand the difference between these two types of damages if you want to file claims after your car accident in Colorado.
About Non-Economic Damages (General Damages)
General non-economic damages tend to naturally arise because of the negligent or blatantly wrongful actions of the defendant, or, at-fault party. In most instances, there will be a clear connection between you, the plaintiff’s injuries, and The defendant’s action on the road. In many situations, the defendant’s choices and ability to anticipate the severity of the harm they caused will not prevent you, the plaintiff, from receiving the full compensation you deserve for your general damages and injuries.
It Does Not Matter if the At-Fault Driver Caused Harm Without Clear Intent
To put it more simply, it does not matter if the at-fault party injured you on purpose or by accident. If they behaved negligently and caused a collision, they will be responsible for covering your general, non-economic damages. It also does not matter if the at-fault driver was aware that you, the plaintiff, were particularly susceptible to harm.
For instance, let’s pretend that the at-fault driver had no idea that the driver in the other vehicle (the not-at-fault driver) had children in their car. The at-fault party must still pay for damages. Or, let’s pretend that the plaintiff had a heart condition and the automobile accident exacerbated their pre-existing medical issues. The at-fault party would still be responsible for any non-economic damages that come as a result of the collision.
Types of General Damages
Each personal injury case is different. So, what one individual may be entitled to might not be identical to what another individual is owed. There are a few different types of non-economic damages covered in Colorado.
These can include:
- Physical impairment
- Mental anguish
- Physical disfigurement
- Diminished quality of life
- Physical pain and suffering
- Loss of companionship (which can be awarded to family members in wrongful death situations)
How General Damages are Calculated
General damages are quantified based on the specific details of your personal injury case. Sometimes, amounts are determined based on actual costs while in other situations, the plaintiff must show how their suffering has impacted certain areas of their life. When physical injuries and medical expenses require damages and compensation amounts, these numbers are quantified and presented to the court. The injured party must provide an exact dollar amount that will be subjected to review. Bearing that in mind, some damages are not calculated based on existing bills or concrete numbers.
For example, damages like mental anguish can be unique to each plaintiff and are more difficult to quantify on paper. Therefore, particular sets of aspects will be assessed. These details can be used to help determine how monetary damages should be awarded. The skill of your personal injury attorney comes into play when these damages are calculated and presented to the court. So, having someone experienced in your corner is prudent.
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About Special or Non-Economic Damages
Special damages can be awarded to financially compensate an injured victim after they have lost or suffered due to the actions of the defendant. These will usually be out-of-pocket expenses and must be determined by summarizing all of the quantifiable financial losses suffered by the plaintiff. All claims must also be adequately proven and specified by the plaintiff.
For example, the person at fault for the accident can be held liable for the value of the other driver’s vehicle. If the vehicle is totaled, it will usually be fairly easy to establish its monetary value. However, if the vehicle held sentimental value, was customized in a certain way, or contained personal items that are now irretrievable, this would also have to be proven.
Types of special damages may include:
- Lost or irretrievable property
- The loss of Irreplaceable items
- Past or future medical expenses
- Damaged property that must be repaired or replaced
- Loss of the capacity to earn an income in the future
- Lost wages or time from work
How Special Damages are Calculated
Special damages are usually fairly easy to compute since exact dollar amounts have been spent on specific items. However, when it comes to figuring out dollar amounts for future wages, medical expenses, or items that do not have a financial paper trail, things can get a little bit more complex. Witness statements may be required. To ensure that special damages are tough to properly, having an Adept personal injury car accident lawyer assisting you is often the best route to take.
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Knowing What Types of Damages to Seek After Your Accident
If you were involved in an automobile accident caused by a reckless person on the road in Colorado, it can be hard to decide which damages to go after. Did you lose personal property items in the accident? Should you ask for the cost of your vehicle to be covered? Which insurance party is responsible for paying damages? Well, this will all depend on the way that you decide to proceed and file claims. Every situation is unique in one way or another. So, you will have to decide how to proceed based on what your priorities are.
Generally, talking with a personal injury attorney will help clear everything up. Not only does your personal injury attorney have the ability to answer questions about how damages are calculated in general, but they can answer your specific inquiries. Then, specific dollar amounts can be reached and a strategy can be chosen to help you get back everything that you have lost.
For some people, seeking a large settlement that covers everything broadly is the best course of action. For others, outlining the value of each individual loss and showing exactly why itemized damages should be awarded is a better option. Be sure to keep track of your medical bills, receipts, repair costs, doctor evaluations, and other quantifiable and tangible expenditures. That way, adding everything up will be easier. Your attorney can help you figure out how to provide these materials for your case file.
Need Assistance? Contact the Adept Damage and Claims Injury Attorneys at Matlin Injury Law
Were you injured by the recklessness or negligence of another driver in Littleton, Aurora, Englewood, Parker, Thornton, Castle Rock, Lakewood, Larkspur, Monument, or any of the other nearby cities in Colorado? If so, we encourage you to contact the skilled team at Matlin Injury Law right away. Not only can we set you up with a risk-free case consultation, but we can easily help you determine which type of damages to claim after your accident.
Our attorneys will handle your case with the highest regard and give it the commitment and regard it merits. Not only do we have years of experience helping injured victims just like you gain access to the damages that they deserve, but we also make it easy to go through the claims process and attain a fair settlement. So, call us right away to get assistance. After your consultation, we can walk you through every step of the claims process to ensure that you can recover with less stress after your traumatic accident.
You can contact us online at any time of the day or night using our client contact form. Or, you can also call us during business hours on the phone at 720-464-3600. Remember, the sooner you have a skilled personal injury attorney helping you with your case, the easier the entire process is likely to be. So, don’t hesitate. Contact the team at Matlin Injury Law right away!
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