What Can I Sue for in a Truck Accident?
There are thousands of truck accidents in Colorado every year. According to the Colorado Crash Data Dashboard, the counties of Denver and Adams see the largest number of these accidents, but even smaller counties see a handful of truck accidents yearly. When a wreck with a commercial vehicle results in injury or death in Denver, truck accident compensation needs to be prioritized. Having a truck accident lawyer on your side helps to ensure you are not cheated out of the fair and full compensation you are due.
Common Denver Truck Accident Injuries
Injuries that commonly result from truck accidents include:
- Traumatic Brain Injury. Damage to the brain caused by an external force, leading to cognitive and physical impairments.
- Spinal Cord Injuries. Damage to the spinal cord that can result in partial or complete paralysis.
- Whiplash and Neck Injuries. Soft tissue injuries affecting the neck and upper back, causing pain and reduced mobility.
- Internal Organ Damage. Injuries to organs that may not be immediately apparent but can be life-threatening.
- Broken Bones. Fractures range from minor to severe, often requiring medical treatment.
The cost of treatment for these injuries can range widely. Some will make working impossible during recovery. Others will make it impossible to work again. All can impact your lifestyle, future plans, and general happiness. When calculating Denver truck accident compensation, these considerations must be taken into account.
Talk to a Denver Truck Accident Lawyer About Your Rights
At Burg Simpson, our Denver truck accident lawyers have decades of experience helping individuals and families suffering from serious injuries. If you have been injured or a loved one has died in a wreck with a commercial vehicle, call us at 303-792-5595 to schedule your FREE and confidential consultation. Located in Denver, Burg Simpson serves Boulder, Colorado Springs, and all of Colorado.
Denver Truck Accident Compensation
There are two primary types of truck accident compensation your lawyer can help you seek. These are:
Economic Damages
Also known as special damages, economic damages are quantifiable financial losses incurred as a result of the crash, such as:
- Medical Expenses. Costs for hospital stays, surgeries, medications, rehabilitation, and ongoing care.
- Lost Wages. Income lost due to an inability to work during recovery.
- Loss of Earning Capacity. Reduced ability to earn income in the future due to long-term or permanent injuries.
- Household Modifications and Assistive Devices. Handrails, ramps, and accessibility modifications, along with wheelchairs, walkers, and other assistive devices.
- Property Damage. Costs associated with repairing or replacing personal property damaged in the accident.
Economic damages typically account for the largest portion of Denver truck accident compensation, covering the tangible expenses and losses caused by the injuries.
Non-Economic Damages
Also known as general damages, non-economic damages address the intangible effects of the accident on a victim’s life, such as:
- Pain and Suffering. Physical pain and suffering resulting from the accident and injuries.
- Emotional Distress. Psychological impacts of the accident including anxiety, depression, and PTSD.
- Loss of Enjoyment in Life. Inability to participate in activities and hobbies once enjoyed.
- Loss of Companionship. Negative effects on the relationship between spouses due to the injuries sustained.
General damages must be carefully calculated by a team of legal professionals who understand how even non-financial damages can profoundly impact a victim’s health, happiness, and abilities. Your Denver truck accident lawyer will take the time to understand how your injury has affected every aspect of your life to make sure the non-economic damages being sought are commensurate with your experiences.
A Look at Punitive Damages
Most Denver truck accident compensation claims seek damages for economic and non-economic losses. Some, however, also seek punitive damages. Also known as exemplary damages, these are awarded in cases where the defendant’s conduct was particularly egregious or reckless. These damages aim to punish the wrongdoer and deter similar behavior in the future.
While it is uncommon for a Denver truck accident lawyer to seek punitive damages, they should be pursued when appropriate.
Denver Truck Accident Compensation Damage Caps
There are caps placed on certain types of damages in Denver truck accident compensation cases. These are:
- Non-Economic Damages. For incidents occurring before January 1, 2025, Colorado’s cap on general damages in personal injury cases is $250,000. As of January 1, 2025, the cap has been increased to $1.5 million. Starting in 2028, this cap is to be adjusted every two years based on inflation.
- Punitive Damages. Exemplary damages are capped at the total amount of compensatory (economic + non-economic) damages. In other words, punitive damages typically cannot exceed the combined amount of general and special damages awarded. However, under circumstances where extreme negligence, malice, or willful misconduct resulted in injury, exemplary damages may be increased to three times the amount of actual damages.
The lawyers at Burg Simpson have secured a number of significant verdicts and settlements for our clients, including a recent product liability case where punitive damages were well in excess of the compensatory award. We take time to understand the full impact of an injury and build cases that seek the comprehensive and total compensation our clients are due.
How a Denver Truck Accident Lawyer Can Help
Large trucking companies and their insurers have deep pockets and aggressive legal teams. They know if they can force you to accept a settlement, you will not be able to file a truck accident compensation lawsuit. These settlements will be stacked in the trucking company’s favor and will likely be inadequate to cover all of your losses. Having a Denver truck accident lawyer on your side works to counter this, protecting your rights and seeking the full and fair compensation your injury demands.
Your truck crash attorney will:
- Investigate Your Accident. This may include a thorough review of police reports, trucking logs, surveillance footage, and black box data. It may also include interviewing witnesses and working with accident reconstruction experts.
- Determine Liability. Truck accidents often involve multiple parties, including the trucker, trucking company, cargo loaders, or even the manufacturers of truck parts. Each liable party must be identified to strengthen the case for compensation.
- Calculate Damages. Truck accidents can cause catastrophic injuries, require long-term medical care, and result in a host of personal pain and suffering. The full scope of your losses—including economic and non-economic losses—must be calculated when determining the value of your claim.
- Ensure Compliance with Legal Deadlines. You have only three years to file a truck accident compensation claim in Colorado. Within this time frame are various deadlines for filing paperwork and taking other actions. Your lawyer will ensure everything is completed and submitted on time to keep your case on track.
- Negotiate with Insurance Companies. Insurance adjusters may try to minimize your payout or shift blame onto you. Your lawyer will represent your interests during negotiations in an attempt to secure the compensation you deserve before your case goes to trial. This is where most Denver truck accident compensation claims end.
- Represent You in Court. If a fair settlement cannot be reached, your attorney will build a compelling case and advocate on your behalf before the court. Having a lawyer who is proven in the courtroom is essential if your case goes to trial.
At Burg Simpson, our lawyers have enjoyed success both in negotiations and trial settings. Proven litigators, we have recovered over $2 billion in verdicts and settlements for our clients, earning us a distinction as one of the most successful personal injury law firms in the country. We understand how devastating a truck accident can be and are committed to fighting for the justice and compensation you deserve.
Contact a Denver Truck Accident Lawyer for FREE
Have you been injured in a truck accident on I-25, I-70, or any of Colorado’s roads? Burg Simpson is here to help. Contact us online or call our Denver office today to schedule your FREE case review with an experienced truck accident attorney and learn more.