OBTAINING COMPENSATION FOR DAMAGES CAUSED BY A CAR ACCIDENT
If you were recently injured in a car accident, you are probably going through a difficult time in your life. The pain you feel due to your injury and recovery is exacerbated by lost wages and increased emotional stress. The types of compensation you can received from a car accident settlement are very important and this article address them.
When your car accident was caused by the negligence of another party, filing a lawsuit can help relieve some of that stress. Money won’t make the accident go away or make any injuries go away, but it can help you get the resources you need to get back on your feet.
Because Colorado is a no-fault insurance state, the amount of compensation, also known as damages you may receive for your injuries, is affected. This blog post discusses the types of damages you may be able to recover after a car accident, and the legal issues that may arise in some unusual car accident situations.
If you need legal help right away after a car accident, call Warrior Car Accident Lawyers at 719-300-1100.
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Types of Compensation and Maximizing Settlements
If you seek medical attention within 14 days of your car accident, you greatly increase the chance of a fair settlement because it shows your injuries were serious enough to need medical treatment quickly. When you incur medical costs and experience pain and suffering from the car accident that was not your fault, you deserve to get a great settlement from the other driver’s insurance company.
All expenses for replacement services, including the cost of hiring others to perform tasks that the injured person would have performed without income for the benefit of his or her household, are covered by disability benefits.
Death benefits are available. If you are a surviving family member, you can file a claim under the policy of the deceased person to receive $5,000 in death benefits in addition to medical and disability benefits. Personal injury cases can be difficult to navigate for those who are inexperienced in the claims process. Our car accident attorneys have devoted their careers to helping car accident victims.
You experience enough pain and suffering from the car accident, so our auto accident lawyers make the personal injury claim process easy. If necessary, they will handle all aspects of the personal injury lawsuit as well.
AFTER A CAR ACCIDENT, YOU MAY BE ENTITLED TO FINANCIAL COMPENSATION
The compensation you can seek in your car accident claim is based on your economic losses. Many of these are the same as or similar to what PIP insurance pays, but you can only ask for amounts that are greater than your PIP policy’s coverage. Here’s more information on the types of compensation you might be eligible for as a result of your auto accident and injury:
Ambulance and emergency services, hospital stays, surgery, radiology, nursing services, and prescriptions are all examples of medical costs.
Physical therapy, assistive devices such as wheelchairs, crutches, canes, and artificial limbs, and assistive technology for those who suffer catastrophic injuries that result in the loss of sensory body functions such as speech or hearing.
First, because a car accident claim may be settled or tried before a victim fully recovers, medical experts must assign a monetary value to the remaining costs required for a full recovery. Future surgeries, follow-up visits, and physical therapy may all be part of this plan.
In other unfortunate cases, injuries are so severe that there is little to no chance of a full recovery. Some victims may experience chronic pain for the rest of their lives, while others may experience partial or complete paralysis or be rendered permanently vegetative. Experts value extended medical treatment or long-term healthcare in any of these cases, which must be factored into future medical expenses.
Lost wages due to time away from work due to a car accident and related injuries. A full recovery necessitates complete rest for the body to heal. In addition to physical rest, brain injuries necessitate mental rest. Accident victims may not be able to return to work for weeks or months, depending on the severity of their injuries.
Lost earning capacity refers to future lost income resulting from a catastrophic injury or permanent disability; those who must engage in large amounts of manual labor in their jobs may face work restrictions when they return, which can result in lost wages due to reduced hours or reduced duties.
Employment benefits are also factored into the calculation of lost earning capacity. Families who rely on that income are devastated when car accident victims are unable to return to work. Injury victims under the age of working may be able to seek compensation if a permanent disability prevents them from obtaining meaningful employment as adults.
AFTER A CAR ACCIDENT, YOU MAY BE ENTITLED TO COMPENSATION FOR NON-ECONOMIC LOSSES
You can ask for compensation for non-economic damages when you file a car accident lawsuit. One of the most important reasons to hire a qualified attorney is for this reason.
Non-economic losses are difficult to value; your lawyer is likely to have a network of experts, such as life care planners and medical experts, who can assist. A Colorado court may award compensation for a variety of non-economic losses. The following are three common types of non-economic compensation:
Pain and suffering refer to the physical and psychological suffering resulting from an injury. Victims suffer physical pain due to their injuries, which can last for months or even years after they have healed.
On an emotional level, a victim’s injury may cause them to feel anxious, depressed, embarrassed, inconvenienced, scared, or any other emotion. For a court to award pain and suffering damages, Colorado law stipulates that the victim must have sustained an injury that medical professionals believe is likely to be permanent. Check out this study done on emotional distress.
Scarring and disfigurement are two types of pain and suffering that Colorado law addresses separately. Scarring and disfigurement are frequently compensated for car accident victims who have suffered extensive burns, deep lacerations, or amputations.
These injuries necessitate a lengthy recovery period that could last months or longer and may necessitate multiple surgeries or other treatments. Victims must live with the loss of a limb or other body part for the rest of their lives, as well as scars that cause emotional distress, humiliation, anger, and other negative emotions.
The effect of an accident on a person’s relationship with their partner is referred to as loss of consortium. Loss of consortium only applies to married victims in Colorado. Serious injuries frequently result in decreased emotional and physical intimacy, affecting a marriage on various levels.
In Colorado car accident cases, compensatory versus punitive damages are considered.
Compensatory damages are the term used to describe the previously mentioned economic and non-economic damages.
If the court rules in your favor, you will almost certainly be awarded these damages, which are designed to assist you in recovering losses incurred as a result of your accident and injuries.
Punitive damages, another type of non-economic damages, deserve special attention due to their intent and the likelihood of a court awarding them to you. You have the right under Colorado law to seek punitive damages, which are meant to punish the defendant; however, there are some restrictions.
Colorado law requires that the defendant be guilty of intentional misconduct or gross negligence for the court to award punitive damages in your car accident case.
Intentional misconduct occurs when a defendant chooses to take a specific action to cause damage or injury to the plaintiff even though he or she knows that action will harm the plaintiff.
Gross negligence refers to careless behavior that was so rash that it was done with a conscious disregard for the lives, safety, or rights of those exposed to it.
According to Colorado law, if you seek punitive damages in a car accident case, you are limited to the following amounts:
Punitive damages in Colorado are limited to three times compensatory damages or $500,000, whichever is greater.
Punitive damages are limited to the greater of four times the amount of compensatory damages or $2,000,000 if liable parties were negligent for financial gain and those in charge were aware of an intentional action that caused the injury. If your accident was caused by a defective car or car part, this could be a factor.
When there is intentional harm, Colorado law eliminates all punitive damages caps.
PROPERTY DAMAGE COMPENSATION FOLLOWING A CAR ACCIDENT
You can also file a claim for property damage resulting from your accident; however, this is separate from your injury claim. Property damage liability of the other driver Depending on the circumstances of the accident, PDL may be able to compensate you for these losses. Consult your lawyer about property damage, and he or she will advise you on the best course of action for your situation.
COMPENSATION FOR MEMBERS OF THE FAMILY BRINGING A CLAIM FOR WRONGFUL DEATH IN A CAR ACCIDENT
If you file a wrongful death claim after a loved one dies in a car accident, the compensation you seek in a wrongful death claim will differ from compensatory damages in a personal injury claim. In Colorado, a personal representative is required to file a lawsuit on behalf of survivors and the deceased’s estate. Wrongful death claims may include compensation for the following types of damages:
Lost support and services for each survivor, plus interest and future loss, based on the relationship between the survivor and the deceased
Loss of companionship and protection for a spouse
Mental pain and suffering for the spouse, minor children, and parents when the deceased is a minor child
Loss of parental companionship, instruction, and guidance for minor children.
The personal representative of the deceased’s estate may also be able to recover the following damages under Colorado law:
Lost earnings from the date of the car accident to the date of death
Loss of reasonably expected net accumulations of an estate when survivors include a spouse or a minor child
Medical and funeral expenses charged against the estate.
Wrongful death car accident claims are complicated matters that necessitate the assistance of an experienced personal injury lawyer. A lawyer who understands how Colorado’s wrongful death laws apply to your case will tell you about the specific procedural requirements and types of compensation that apply to your case if you are a survivor seeking compensation after the death of a loved one.
TODAY IS THE BEST TIME TO CONTACT AN EXPERIENCED COLORADO CAR ACCIDENT LAWYER
We understand the financial hardship and mental anguish that a car accident can cause for injured victims and their families. If you want to file a lawsuit after a car accident in Colorado, you must do so before the statute of limitations runs out—three years for personal injury claims and two years for wrongful death claims.
While serving clients on both Colorado coasts, the skilled legal team at Warrior Car Accident Lawyers and Warrior Car Accident Lawyers has secured millions of dollars in compensation for car accident injury victims. We provide no condition free consultation to everyone involved in a personal injury accident.
While you focus on healing and recovery, our experienced car accident attorneys can investigate your accident, gather necessary relevant documents, and uncover as many facts as possible to support your case.
Warrior Car Accident Lawyers, and Warrior Car Accident Lawyers, can be reached at 719-300-1100 or via email to discuss the details of your case and determine your eligibility for compensation following a car accident. We don’t charge you right away. If you hire us to represent you, we will work on a contingency fee basis, with attorney fees deducted from any compensation we obtain for you in the form of a settlement or a favorable verdict.