Car accidents in Castle Rock can have devastating consequences, leaving victims with physical injuries, emotional distress, and financial burdens. If you’ve been hurt as a result of someone else’s negligence or carelessness, Colorado Law allows you to pursue compensation through a personal injury claim.
While the system can be complex, understanding what types of damages you are entitled to – and how to prove them – can make a significant impact on the outcome of your case.
What Are “Damages” in a Personal Injury Claim?
In legal terms, “damages” refer to the monetary compensation awarded to accident victims to help cover their losses. These damages are designed to restore, as much as possible, the injured person’s financial, physical, and emotional well-being.
In Colorado, damages are generally divided into two categories: economic and non-economic.
Economic Damages in Car Accidents
Economic damages cover the tangible financial impact and losses that result from a car accident. Common examples include:
- Medical Expenses: This includes hospital bills, surgeries, prescription medications, physical therapy, and any ongoing or future medical treatment related to the accident.
- Lost Wages: If your injuries prevent you from working – temporarily or permanently – you may be entitled to compensation for lost wages and diminished future earning capacity..
- Property Damage: Reimbursement for repairs or replacement of your vehicle, along with personal items damaged in the crash..
- Other Financial Losses and Out-of-pocket Costs: Expenses such as transportation for medical appointments, home modifications required due to disability, and any additional out-of-pocket expenses directly related to the accident.
Non-Economic Damages
Non-economic damages cover the impact that is less easily quantified. They include pain, emotional distress, and disruption to your quality of life after an accident. These may include:
- Pain and Suffering: The physical pain, discomfort, and limitations caused by your injuries.
- Emotional Distress: Anxiety, depression, PTSD, or other psychological effects stemming from the accident.
- Loss of Enjoyment of Life: Inability to participate in activities, sports, travel, or hobbies that once brought you fulfillment.
Loss of Consortium: In cases where injuries affect marital relationships, you may be entitled to compensation for the loss of companionship or intimacy. Colorado imposes a cap on non-economic damages in most personal injury cases, meaning there is a limit to how much compensation you can receive for these losses. However, the limit may increase in cases involving permanent impairment or wrongful death. An attorney can help you understand if and how these caps apply to your case.
Proving and Recovering Damages
To recover compensation after a car accident, you must establish the other party’s liability, prove the extent of your losses, and demonstrate how the accident directly caused them. This typically involves a methodical legal process that relies on evidence and documentation. While an attorney can help with this process, there are steps you can take immediately to help protect your :
- Seek Medical Attention: Even if injuries seem minor, a medical evaluation provides crucial documentation for your claim.
- Gather Evidence: Take photos of the accident scene, obtain witness statements, and secure a copy of the police report.
- Document Expenses: Keep records of all medical bills, lost wages, and other financial losses related to the accident.
- Contact a Castle Rock car accident attorney: While filing an insurance claim may seem like the logical first step after an accident, doing so can put you at a disadvantage. Insurance companies move quickly to minimize their financial exposure. By contacting an attorney as early as possible in the process, you can protect your best interests and prevent an insurance company from taking advantage of you.
Work With a Trusted Castle Rock Car Accident Attorney
The legal and insurance processes are complex, and navigating them can be overwhelming. However, you don’t have to do it alone.
Our Castle Rock car accident attorney at Casares Injury Law, Dale G. Casares, understands how difficult the aftermath of a car accident can be and are dedicated to helping clients recover the compensation they need to move forward. We take a strategic, client-centered approach to each case and will guide you through every step of your claim.
Call (303) 688-7474 or complete our online form to schedule your free consultation today.