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How Do I Maximize My Personal Injury Settlement?

March 18, 2024 | 5 min read

A fair personal injury settlement cannot simply be a lump sum that covers medical expenses. It must also take into account the many financial impacts, forced lifestyle changes, and emotional turmoil that accompany serious and life-altering injuries.

The causes of serious personal injury can be as varied and complex as the injuries themselves. Laws surrounding things like car accidents, defective medical devices, workplace injuries, and accidents at ski resorts may have different requirements for legal action, further complicating the process of seeking fair compensation. At Burg Simpson Law Firm, our lawyers understand these complexities and, applying decades of combined and individual experience, are prepared to take your case as far as needed to seek the personal injury settlement you truly deserve.

If you have been injured in an accident in Denver or elsewhere in Colorado, Burg Simpson is here to help. Call us at 303-792-5595 today to schedule a FREE and confidential consultation where we can discuss your case and help you explore all of your options.

Damages Available Through a Personal Injury Lawsuit In Colorado

When you sustain a serious injury, the impacts on your financial and physical health can last for years—sometimes even for life. In Colorado, the law acknowledges these lasting and multifaceted ramifications and provides a framework for victims to seek redress. This includes the right to pursue compensation for several different concerns, such as:

  • Medical Expenses: Hospital stays, medications, and future medical care necessary due to the injury.
  • Lost Wages: Current income loss and diminished future earning capacity resulting from the injury.
  • Home Modifications: Accessibility alterations like wheelchair ramps, stairlifts, and modified bathrooms to accommodate new needs.
  • Adaptive/Assistive Technologies: Costs associated with prosthetics, modified vehicles, and specialized computer equipment for injury management.
  • Rehabilitation and Therapy Costs: Physical therapy, occupational therapy, and other specialized rehabilitation services for recovery.
  • Caregiver Expenses: Professional in-home care and the economic value of care provided by family members, necessitated by the injury.

In addition to damages that can be calculated, a good personal injury settlement will include compensation for issues that, while they have no fixed value, pose real consequences all the same. These can vary from case to case but often include:

  • Pain and Suffering: Compensation for the physical pain and emotional distress experienced due to the injury.
  • Loss of Enjoyment of Life: Addresses the decrease in quality and enjoyment of life due to the limitations imposed by the injury.
  • Emotional Distress: Covers psychological impacts such as anxiety, depression, and trauma resulting from the injury.
  • Loss of Consortium: Relates to the negative impact on the relationships with a spouse or partner due to the injury, including loss of companionship and support.

There are caps (limits) placed on non-economic damages in Colorado. Periodically adjusted for inflation, the cap for non-economic damages currently stands at $729,790. However, at the court’s discretion, this amount can be increased to $1,459,600.

Colorado’s personal injury damage caps do not apply to medical expenses, lost wages, and other established expenses except for in cases involving medical malpractice. For these cases, a separate cap of $300,000 for non-economic damages and a total cap of $1 million for all damages has been set (See Colo. Rev. Stat. § 13-64-302).

When you suffer a serious injury, you should not have to worry about maximizing your personal injury settlement. That is the job of your attorney. During your FREE case review at our Denver office, we will carefully evaluate all of your damages to help you determine what your case may be worth.

Ways To Maximize Your Colorado Personal Injury Settlement

Insurance companies often try to settle personal injury claims quickly, providing settlement offers that—initially—look compelling. Sadly, these initial offers seldom reflect the full extent of your losses and damages. Worse yet, once you have accepted a settlement offer from insurance, you are barred from seeking additional compensation.

In most cases, the surest way to maximize your personal injury settlement is with the help of an experienced and proven personal injury lawyer. Talking to an attorney before you accept an offer from insurance can help to ensure you are treated fairly and not cheated out of the compensation you deserve.

At Burg Simpson Law Firm, our attorneys understand the complexity of Colorado personal injury law. We work to ensure you receive maximum compensation for your injury by:

Building Strong Evidence

The foundation of a successful personal injury claim is solid evidence. This includes gathering medical records, documenting injuries, collecting witness statements, and, when necessary, employing the expertise of accident reconstruction specialists. The personal injury lawyers at Burg Simpson Law Firm work tirelessly to compile compelling evidence, enabling us to demonstrate the extent of your injuries and the impact they have and will continue to have on your life.

Thoroughly Exploring All Categories of Damages

Settlements offered by insurance companies may include medical expenses and lost wages but seldom account for the full impact of serious injury. We look beyond obvious damages to identify all potential areas of compensation. This can include current and future medical expenses, lost wages, diminished earning capacity, pain and suffering, and any other losses specific to your situation. We take a careful and thoughtful approach when assessing damages to ensure no category is overlooked.

Adhering to Legal Standards in Court Filings

Properly prepared legal documents are a necessity when seeking a fair and full personal injury settlement. Our legal team is adept at drafting comprehensive and persuasive filings that adhere to the stringent requirements of Colorado’s legal system. We work to ensure that every procedural detail is handled correctly, filed on time, and built to withstand any efforts the defense may employ to reduce your settlement.

Strategically Responding to Opposing Motions

When facing motions from the opposing side, a calculated and assertive response can have a significant impact. At Burg Simpson Law Firm, our responses are deliberately designed to protect your interests and counter any attempts to undermine your claim.

Preparing Your Case for Any Eventuality

It is not always possible to secure proper compensation through a personal injury settlement. Sometimes, a case must proceed to trial. When this happens, having an experienced trial attorney on your side becomes very important. Our firm and attorneys have been recognized with multiple awards and accolades for achievements both in negotiations and the courtroom. We prepare every case for the eventuality of a trial to ensure you are protected no matter which direction is required by your claim.

Contact Burg Simpson Law Firm for FREE to Learn How We Can Help

If you have been injured in an accident caused by someone else, Burg Simpson is here to help. Contact us online to schedule a FREE consultation and learn how we can help you understand your legal options and fight for the personal injury settlement you truly deserve. We proudly serve communities across Colorado, including the Eastern Plains, the Front Range, and the Western Slope.