How Much Money Can You Get from a Back Injury?
Back pain is common, and it can be more of an inconvenience than an actual concern. Back injuries—which may cause significant pain as well—are a different beast entirely. When this discomfort is the result of an accident, you may be able to seek back injury compensation through various channels, including legal action. The best way to determine if you are entitled to pursue damages is through a one-on-one consultation with a back injury lawyer.
To schedule a FREE and confidential back injury compensation consultation, call Burg Simpson at 303-792-5595 today. Located in Denver, our experienced back injury lawyers welcome clients from Boulder, Colorado Springs, Pueblo, and throughout the state.
What Types of Back Injury Compensation Can I Seek in Colorado?
Back injury is a broad category that can range from minor muscle strain to severe spinal cord damage. However, even a seemingly minor back injury can have lasting and profound consequences, impacting your ability to work, care for your family, and enjoy the activities that make you feel alive.
When a back injury is the result of someone else’s negligence, you may be able to pursue compensation for:
- Emergency and Ongoing Care. This includes emergency treatments and stabilization, along with any ongoing medical care and rehabilitative support you may require.
- Current and Future Lost Wages. These damages account for wages lost while in recovery and any that may be lost in the future due to the injury.
- Home Modifications and Assistive Technologies. This may include ramps and handrails, along with walkers, wheelchairs, and other assistive devices.
- Pain and Suffering. This addresses the physical pain and suffering you may be forced to endure due to your back injury.
- And More. From loss of consortium and emotional distress to forced changes to lifestyle and permanent disability, you can seek compensation for all of the ways the injury has impacted your life.
Back injury compensation in Colorado is typically separated into economic and non-economic categories. These are known as compensatory damages. Victims can seek dollar-for-dollar compensation for economic damages, such as medical expenses and lost wages, but non-economic damages face a cap in Colorado.
As of January 2025, the non-economic damage cap for personal injury claims in Colorado is $1.5 million. Starting in January 2028, this amount will be adjusted every two years for inflation. The damage cap is different for medical malpractice claims that result in back injury. For those, the current cap is $300,000, but it is being incrementally increased through 2030 until it reaches $875,000. Thereafter, the non-economic medical malpractice damage cap in Colorado will be adjusted every two years for inflation.
How Much Is My Back Injury Claim Worth?
The best way to determine how much money you can get through back injury compensation is to talk to a qualified attorney. Your back injury lawyer can assess your current damages, calculate future expenses and losses, and help you understand what you may be entitled to.
At Burg Simpson, our Denver back injury lawyers take the time needed to accurately evaluate personal injury damages. Your initial consultation is free of both cost and obligation, and we work on a contingency basis, meaning you will not owe us any fees until after we have secured compensation for you. Reach out today to speak with one of our back injury lawyers and learn how we can help you seek the total compensation you are due.
Ways to Seek Back Injury Compensation
Following a back injury in Colorado, you may have several options for pursuing compensation. Each option depends on how the injury occurred, its severity, and who might be legally responsible. Possible sources of back injury compensation include:
Insurance Claims
You may be able to recover compensation by filing a claim with your own or the at-fault party’s insurance company. Unfortunately, insurance companies are notorious for undervaluing back injuries or dismissing claims altogether. They often question the severity of the injury, relying on one-size-fits-all formulas to calculate what typically amounts to insufficient compensation.
Insurance claims might be slightly faster than legal action, but when you accept an insurance offer, you waive your right to seek further compensation. This can be problematic if your injury is the result of someone else’s behavior.
You might be entitled to much more than insurance will offer. Talking to an experienced back injury attorney before you accept an offer from insurance will help to preserve your rights and keep your options open.
Workers’ Compensation
If your back injury occurred on the job, you may be eligible for workers’ compensation benefits in Colorado. Under this program, injured workers can receive compensation for:
- All medical expenses related to back injury treatment
- A portion of your weekly wages
- Travel expenses to and from appointments
- Vocational rehabilitation (in some cases)
Workers’ compensation benefits may also include payments for temporary or permanent disability under certain circumstances. Benefits continue under this program until you are cleared to return to work by your doctor.
Workers’ compensation benefits do not require a liable party and are available to nearly any worker who sustains an on-the-job injury. In Colorado, you cannot sue an employer who carries workers’ comp insurance for an injury that occurs at work. This means that, if your back injury happened while in the course of your duties, filing a workers’ compensation claim may be your only option. There are, of course, exceptions to this, but they are rare. Choosing a law firm with attorneys who focus both on workers’ comp and catastrophic injury cases can help to ensure your claim is handled appropriately, no matter which direction is required.
Personal Injury Lawsuit
When your injury is caused by someone else’s negligence—like a distracted driver, negligent property owner, or inattentive healthcare provider—you may be entitled to full compensation through a personal injury claim. With a personal injury claim, you can seek damages for tangible losses like wages and medical expenses, along with intangible damages such as pain and suffering. This can result in a significantly higher award.
Unlike workers’ compensation claims, personal injury claims can fully account for the human cost of your injury. However, they take longer than both workers’ comp and insurance claims. While a majority of these claims settle within months, typically during negotiations, others require a trial and may take one or more years to resolve. An experienced and trustworthy back injury lawyer will keep you involved in the decision-making process to help ensure the money you get from your back injury will be commensurate with your actual damages.
How Long Do I Have to Seek Back Injury Compensation in Colorado?
In Colorado, the statute of limitations for personal injury claims is two years from the date of the injury. However, if your back injury resulted from a motor vehicle accident, you may have up to three years to file a claim (see Colo. Rev. Stat. § 13-80-101 and 13-80-102).
For workers’ compensation claims, you must notify your employer within four days and file a claim within two years.
If you miss a deadline, you may be barred from taking legal action, no matter how severe your injury. Sadly, time is not on your side here. The sooner you talk to a back injury attorney, the quicker they can get to work on your case, preserving your right to take legal action and seek back injury compensation well above standard insurance offers.
Do I Need a Back Injury Lawyer to Pursue Compensation?
Back injury cases are rarely straightforward. No matter if you are navigating the workers’ compensation system or pursuing a personal injury lawsuit, a local back injury lawyer can be the difference between minimal compensation and a full recovery.
A back injury lawyer can:
- Investigate the cause of your injury and identify the liable parties
- Work with medical experts to understand the long-term impact of your condition
- Handle all paperwork and negotiations with insurance companies
- Take your case to trial, if needed, to fight for maximum compensation
If you are dealing with pushback from an insurance company, an employer, or simply trying to recover from a painful injury, you should not be forced to take on the legal system alone. Having a back injury lawyer helps to protect your best interests, preserve your rights, and ensure you are seeking every penny you are due.
Why Choose Us for Your Back Injury Compensation Claim?
Burg Simpson has been fighting for injured Coloradans since 1977. We know the impact back injuries have—not just on your body, but on your ability to work, care for your family, and live your life. We are prepared to dig deep for answers, fight tirelessly for justice, and stand by your side every step of the way.
Burg Simpson brings:
- Over $2 billion recovered in verdicts and settlements
- More than 25 personal injury attorneys in our Denver office alone
- In-house investigators and access to medical experts to build powerful cases
- Aggressive advocacy against insurance companies and corporate defenders
- Compassionate, client-centered representation from the moment we meet
- Comprehensive legal services that include workers’ compensation, settlement negotiations, and complex trial litigation
An award-winning law firm with nationally recognized attorneys, Burg Simpson has the experience and background needed to handle these claims successfully. Dedicated and tireless, we welcome the opportunity to meet with you for a complimentary case review where we can listen to your story, learn about your needs, and help you determine how much back injury compensation you may be owed.
Contact Our Back Injury Lawyers for FREE
If you are suffering from a back injury due to someone else’s negligence or a workplace accident, don’t wait to reach out. Contact Burg Simpson online or call our Denver office to schedule your FREE consultation today. Our back injury lawyers are ready to help you fight for the compensation you need to heal and move forward. From Trinidad to Fort Collins, Burlington to Fruita, we fight for victims of serious injury throughout Colorado.