In this article, we will discuss the types of damages you can claim in a Colorado personal injury case. These categories of damages are generally applicable in all car accidents, slip and fall, and other types of personal injury claims in Colorado.
Economic Damages
Economic damages are damages that can be easily calculated. These damages include medical bills and lost wages.
Colorado is a “billed” and not “paid” state. In Colorado, this means that you are entitled in a personal injury claim to recover from the at-fault party’s auto or homeowners’ insurance company the amount billed by your medical providers, not the amount that you or your health insurance company actually paid.
For instance, let’s say you were in a car crash where you were rear-ended by a negligent driver at high speed while you were stopped at a stoplight. As a result of this car accident, you sustained personal injuries including a fractured femur. Your medical bills might look something like this:
Emergency Department: $5,500.00 billed to your health insurance
Radiologist: $2,500.00 billed to your health insurance
Follow-up visit: $500.00 billed to your health insurance
Physical Therapy: $3,500.00 billed to your health insurance
Total medical expenses billed: $12,000.00
Your health insurance company may have paid some or all of your medical bills for you. For the purposes of a personal injury claim, the fact that you had health insurance that paid some or all of your bills is completely irrelevant to your personal injury claim. The at-fault insurance company must pay the full $12,000.00 billed by your medical providers for personal injuries you sustained as a result of the at-fault party’s negligence.
In terms of lost wages, you may have missed several weeks or even months of work due to the personal injuries you sustained in a car accident or in a slip and fall (premises liability) case. You are entitled to recover your lost wages as part of your personal injury claim.
So, if you missed 100 hours of work, and your hourly wage is $20.00 per hour, the at -fault party’s insurance company owes you $2,000.00 in lost wages.
Non-Economic Damages
Non-economic damages are damages for pain and suffering. These damages can be difficult to quantify. Plaintiff’s attorneys sometimes use a per-diem analysis to convert an injured person’s pain and suffering into a dollar amount.
For example, if you had to recover from surgery for two weeks, and you suffered from pain and suffering during your recovery from surgery, a Boulder personal injury attorney may demand from the at-fault party’s insurance company $25.00 per hour 24 hours per day while you are recovering from surgery ($8,400.00) to compensate you for your pain and suffering.
Physical Disfigurement
Many physical disfigurement claims are for scars. For instance, if you were rear-ended in a car accident, and your face was cut by broken glass resulting in a scar, you are entitled to compensation for that scar that will be with you the remainder of your life and was caused by someone else’s negligence.
The “value” of the scar is dependent on several factors. For instance, if you are a model and you now have a scar on your face, the scar will be “worth” a lot more than a person who has a small scar on their back or arm and does not make a living from their appearance.
Other forms of physical disfigurement are obvious: broken bones that do not heal correctly, burns, amputated limbs, amputated fingers and toes etc. You are entitled to be compensated for any physical disfigurement caused by another negligence.
Physical I mpairment
Physical impairment damages are for a partial or full loss of use of some part of your body. For instance, if you slip and fall on ice and land on your shoulder, it’s possible that after you heal from surgery and complete physical therapy, you will have permanently lost some of the range of motion in your shoulder.
A good personal injury attorney can hire an expert witness to opine on the degree of physical impairment (e.g. 10%) and can assist you in obtaining compensation from the at-fault party’s insurance company for the permanent physical impairment.
If you have been injured in a car accident, slip and fall, bicycle accident, or other incident, the Boulder personal injury attorneys at The Ferrell Law Firm, PLLC will advocate for you to obtain maximum compensation for your personal injury claim. If the insurance company refuses to fairly compensate you for you injuries, attorney Mike Ferrell is prepared to take your case to jury trial.
The Ferrell Law Firm, PLLC takes personal injury cases on a contingency fee basis. Therefore, there is no fee to the client until we win! Call The Ferrell Law Firm, PLLC today for a free consultation.
Michael, founder of The Ferrell Law Firm, PLLC, specializes in criminal defense and personal injury law. With a background in substance abuse treatment, he brings empathy and understanding to his legal practice. A former Deputy District Attorney in Arapahoe County, Michael has extensive experience prosecuting a wide range of criminal cases, including DUIs and domestic violence. His law degree from the University of Denver Sturm College of Law, combined with his hands-on experience in criminal law, positions him as a knowledgeable and effective advocate for his clients’ rights.
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