Economic damages compensate a party for money or financial losses as a result of an accident. Alternatively, noneconomic damages compensate a party for pain and suffering as a result of an accident. After an auto wreck, an individual may be entitled to recover both of these forms of compensation. To learn what kinds of recoverable damages you may be entitled to after a car accident in Colorado Springs, you should reach out to an experienced attorney.
The damages a person could recover after a car accident in Colorado Springs include property damage, medical expenses, loss of income, the loss of earning capacity, out of pocket expenses like over-the-counter prescriptions, mileage reimbursement for travel to and from medical appointments, pain and suffering, and potentially emotional distress or mental anguish.
The damage a person’s auto insurance typically covers is property damage to the vehicle and potentially bodily injury if this party has uninsured or underinsured motorist coverage. Additionally, if an injured party has medical payments coverage, this could help pay for their medical payments.
A damage cap limits the amount of money that car wreck claimants could recover from a lawsuit. State law establishes that damages for emotional losses should not exceed $250,000, unless the court finds jurisdiction to do so because of clear and convincing evidence. This means that the plaintiff must prove that their injuries diminished their quality of life. If there is convincing evidence and an increase is justified, that $250,000 could potentially go up to $500,000. There is no cap on damages for permanent physical impairment.
Under state law, the purpose of punitive damages is not to compensate an injured plaintiff, but to punish the defendant and deter others from similar conduct. A jury may award punitive damages when the defendant committed their actions with fraud, malice, or willful or wanton conduct. It is not common for a jury to award punitive damages in Colorado Springs car wreck cases. However, a plaintiff has to be successful on a claim for compensatory losses before requesting punitive damages.
The factors that may influence the awarding of punitive damages are situations such as drunk driving, drug abuse, excessive speeding, gross negligence, or permanent disability. An attorney needs to be careful when reviewing the facts of a case to make sure that they could get compensatory damages before requesting additional compensation. An attorney should understand the facts of the case, the arguments of the opposing side, and make sure that the claimant understands the risk of asking for punitive damages.
In Colorado Springs, the role that an attorney plays in helping to recover damages in a car accident case is reviewing insurance policies, gathering evidence, and dealing with insurance companies. A lawyer also could help by submitting a claim and preparing potential appeals. Additionally, an attorney could guide a claimant throughout this emotional process, understand what their goals are, and know what the parameters are as they go through each step of the litigation process.
Getting into a serious motor vehicle crash can lead to bodily harm and significant financial losses. Fortunately, a seasoned lawyer could explain for your options for recoverable damages after a car accident in Colorado Springs. For help with your case, call today.