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Compensation for a car accident in Colorado | Burg Simpson

How Much Can Someone Sue for a Car Accident in Colorado?

January 22, 2024 | 6 min read

When you are involved in a car accident in Colorado, it is important to have a competent legal team on your side. Burg Simpson Law Firm, a nationally recognized personal injury law firm, has been serving Colorado for more than 45 years. With a distinguished team of car accident lawyers and paraprofessionals, we have the experience and tenacity to fight for the maximum compensation you deserve.

According to the National Highway Traffic Safety Administration (NHTSA), there were nearly 43,000 fatal car crashes in the United States in 2022. In Colorado,754 people were killed in car accidents that same year, marking the most accident-related deaths in more than 40 years in our state.

In addition to fatal car accidents, hundreds of thousands of people suffer non-fatal injuries in car accidents in Colorado. These, like fatal accidents, demand the attention of an experienced car accident attorney.

If you have been injured or a loved one has been killed in a car accident in Colorado, call Burg Simpson Law Firm at 303-792-5595 to schedule your FREE consultation right away. Our Denver car accident lawyers serve clients from the Front Range and throughout Colorado.

Damages Available Following a Car Accident in Colorado

After a car accident in Colorado, damages can be broadly categorized into three main types: general damages, special damages, and exemplary damages.

General Damages

General damages, more commonly referred to as non-economic damages, refer to losses that are intangible and not easily quantifiable. These include:

  • Pain and Suffering. This takes into account the physical pain and discomfort that you experience as a result of the accident. It also includes long-term or chronic conditions that may result.
  • Emotional Distress. Accidents often leave victims emotionally scarred, leading to conditions like depression, anxiety, or post-traumatic stress disorder (PTSD).
  • Loss of Companionship. If your injuries interfere with your relationships, compensation may be awarded for the loss of companionship or consortium.

For accidents occurring before January 2024, Colorado places a cap of $642,180 on non-economic damages, such as pain and suffering, emotional distress, and loss of companionship. However, this cap can be raised to $1,284,370 if the court finds clear and convincing evidence that a higher amount is justified. These amounts are subject to periodic adjustments for inflation (see Colo. Rev. Stat. § 13-21-102.5).

Special Damages

Special damages, more commonly known as economic damages, are financial losses that can be easily measured and calculated. These include:

  • Medical Bills. All immediate and future medical expenses related to the accident are recoverable. This includes everything from emergency room visits to long-term physical therapy.
  • Lost Wages. If you are unable to work due to your injuries, you can be compensated for the wages you have lost and will lose in the future.
  • Property Damage. Any damage to your vehicle or personal belongings as a result of the accident can be included in the claim.
  • Home Modifications & Adaptive Technologies. This covers things like wheelchairs, accessibility modifications, and similar issues made necessary by your injury.

There is no cap on the amount of economic damages you can seek after a car accident in Colorado. Through legal action, you may be able to recover the entirety of your special damages.

Exemplary Damages

Exemplary damages, also known as punitive damages, serve a different purpose compared to general and special damages. While the latter aims to compensate the victim, exemplary damages are intended to punish the at-fault party for their extremely negligent or intentional behavior. These damages are only awarded in circumstances where the conduct of the defendant was outrageously reckless or malicious.

In Colorado, the cap on these damages is generally set at the amount of compensatory damages awarded. This means if you are awarded $200,000 for general and special damages, the most you could potentially receive in punitive damages would also be $200,000.

The Denver car accident lawyers at Burg Simpson Law Firm have decades of experience both in and out of the courtroom helping victims of serious injury get justice. During your complimentary case review, we can help you understand which damages you may be entitled to seek.

Calculating Damages After a Car Accident in Colorado

Calculating damages after a car accident in Colorado begins with the initial case evaluation. During this visit, our legal team will listen to your story, gather pertinent information, and answer any questions you may have. We may also review police reports, medical records, witness statements, and other evidence you provide during this meeting. This allows us to better understand the nature of the accident and the severity of your injuries.

To calculate damages, a comprehensive investigation must be performed. Depending on the nature of the accident, we may work with a range of investigative professionals, including accident reconstruction experts, medical experts, and private investigators. These individuals can provide insight that helps to establish the value of your claim.

Our extensive knowledge of Colorado law is a significant advantage in accurately calculating damages as well. By leveraging our experience, along with the insights provided by investigators and other experts, we can paint a compelling picture that clearly shows the full amount of compensation you are entitled to.

How Are Economic Damages Calculated?

Calculating economic damages is fairly straightforward. These damages are based on provable expenses and losses, making them entirely quantifiable.

We will compile all medical bills, property damage estimates, and records of lost wages— working with financial experts as needed to project future economic losses, such as ongoing medical treatment or diminished earning capacity—to calculate economic damages.

How Are Non-Economic Damages Calculated?

For non-economic damages like pain and suffering or emotional distress, the calculation is more abstract. We may employ methods like the “multiplier method,” where a specific number is multiplied with the economic damages to arrive at a reasonable figure for non-economic damages. We may also consult with medical professionals to assess the long-term implications of your injuries and how they may affect your quality of life. Most importantly, we will listen to your story, take a full account of how it has and will continue to impact your life, and calculate your damages accordingly.

What Is My Car Accident Claim Worth?

One of the most pressing questions victims have following a car accident in Colorado is, “What is my claim worth?” Determining the value of your car accident claim is a nuanced process, involving multiple variables that influence the amount you could potentially recover. These include:

  • The Severity of Your Injuries. More severe injuries generally lead to higher medical bills and may require long-term care, thereby increasing the overall value of a claim.
  • Liability. The percentage of liability attributed to each party can affect the final compensation amount.
  • Quality of Evidence. The strength of your evidence, including medical records, witness statements, and expert testimony, can influence your claim’s value.
  • Evaluating Unique Circumstances. Special circumstances surrounding the accident, such as extreme negligence or malice on the part of the defendant, can also impact the value of your claim.

With years of experience and a thorough understanding of how Colorado law applies to various scenarios, our Denver car accident lawyers will provide an accurate estimation of your claim’s worth. We employ a meticulous approach, taking into consideration all factors that could positively or negatively affect your claim, to ensure we are fighting for the full compensation you deserve.

Why Choose Burg Simpson for Your Colorado Car Accident Claim?

For over 45 years, Burg Simpson Law Firm has been a tireless advocate for victims of personal injury. Our distinguished history of securing high-value verdicts and settlements attests to our dedication to helping our clients get justice. Understanding the complexities of car accident cases, we are prepared to leverage our skills, knowledge, and resources to help recover every penny you are legally entitled to. Our firm is dedicated to ensuring that your voice is heard and your rights are fiercely protected.

Our award-winning attorneys are proud of our firm’s long-standing reputation for delivering excellent legal service with integrity, but we do not simply rest on past successes. Every case we take is handled with the same level of attention and care, ensuring you are always kept aware of progress through the resolution of your case.

When you choose Burg Simpson Law Firm for your Colorado car accident claim, you can rest assured that you are in the capable, caring hands of one of the nation’s leading personal injury law firms.

Contact Us for a FREE Consultation Today!

If you or a loved one has been involved in a car accident in Colorado, it is essential to act quickly to protect your rights. Contact Burg Simpson Law Firm online or call us today to schedule your FREE consultation and learn more. The Denver car accident lawyers at our firm serve victims of serious injury throughout Colorado.