Can I Get Compensation for Missing a Special Event Because of a Personal Injury?
You finally set a date for the wedding of your dreams. The strict travel measures put in place due to the pandemic have relaxed for the most part, and all the guests can fly in without hassle – including your grandmother, who you haven’t seen in years. Are you due personal injury compensation?
On the way back from paying the caterer in full, you end up in a terrible car accident which leaves you with a broken leg and whiplash. Sure, you’re grateful for life, but the wedding veil clashes with a neck brace, and limping down the aisle was not the plan. What do you do? Can you even claim for missing such an important event? We think you can.
Emotional pain and suffering are definitely a loss. You have the right to seek compensation for all forms of loss as a result of the accident in a personal injury case. This encompasses both your financial losses and the internal mental and emotional pain, suffering, and misery you may have to endure due to the accident.
Firstly, I spent a lot of money on this event, and I’m afraid it will all go down the drain.
Special events can be expensive. Whether it’s the custom dress for your university graduation, the cost of tickets and hotel accommodation for the week-long vacation, or the caterer for the wedding, which will, no doubt, have to be postponed. You may have booked a particular venue that won’t become available for another year. These are examples of economic losses one could face because of an unforeseeable accident. You should be seeking compensation for these at the very least.
I’m also very disappointed! Can I be compensated for that?
Not all losses are easily quantifiable. You can show a receipt for the dress or caterer and print the itinerary for a trip, but how do you put a value on missing out on these plans? How much should you be paid for the enormous disappointment of not being able to attend a thoroughly planned event?
We get it- you spent a long time saving and accumulating vacation days for these plans, and not being able to follow through is disappointing. Rest assured, the pain and suffering of missing this special event can also be claimed. This would count as a non-economic loss that a Court would have assessed.
Your attorney would be saddled with the task of convincing the Court of the value of your pain and suffering.
Can I bring this personal injury compensation claim at any time?
Unfortunately not! When were you in the accident? In personal injury or negligence claims, time starts to count down from the date of the incident.
According to the Colo. Rev. Stat. Sec. 13-80-101. you have three years to bring an action, so don’t wait too long! Let’s have an attorney begin the process of gathering evidence in your favor! Make an appointment to discuss your prospects as soon as you can.
So, how much could I actually get?
How much you are entitled to is assessed on a case-by-case basis by the Court. In most civil cases, the cap on non-economic damages is $250,000. Having your attorney assess and inform you of the most likely payout is best.
Do I need a lawyer for this?
Quite frankly, yes. This is not the easiest claim to make and may not form the lion’s share of the compensation being sought on your behalf. While you are entitled to seek compensation for missing a special occasion, it may not be useful to prioritize or emphasize this type of loss unless the circumstances are extremely novel. An example of a novel would be if you could not go through with your wedding, arguably a once-in-a-lifetime event.
Engaging an attorney to buttress your case and give you the best possible opportunity for a successful claim is best. But, aside from missing a unique occasion like that, it’s unlikely that any single missed extraordinary event will greatly increase your damages. In these circumstances, you are better off with legal support.
What if the event wasn’t that “special”? What do I need to bolster my case?
This is why an attorney is needed. Tell your lawyer about the activities you couldn’t do or events you missed because of the accident and your injuries, as a properly articulated claim will set out the importance of those said events for you. An event may seem simple to most, but a seasoned attorney would be able to argue why a certain event, in particular, had unique importance to you.
Describing the extensive acts of preparation, monetary and non-monetary, would only assist your case.
Discuss the strengths, weaknesses, and novelties of your case with us.