Economic and noneconomic damages are meant to compensate someone for harm they endured as a result of someone’s reckless actions. The losses someone may sustain following a semi-truck wreck can be significant. As a result, recoverable damages in a Colorado Springs truck accident case may be substantial. In these situations, it is best to consult with a lawyer who has experience in these types of lawsuits.
Economic damages have easily assigned dollar figures attached to them. For example, medical expenses are economic damages because there is a dollar figure attached to these costs billed by a treatment provider. Another example of these damages are lost wages. If someone missed work because of their injuries or their treatment, the wages they lose because of this time away from their job is an economic damage. Other types of economic damage may include mileage, future lost wages, and future medical expenses.
Noneconomic damages are harder to define and attach a dollar amount to. There is a lot of debate and argument that goes into how much pain is worth under state law. Ultimately, however, noneconomic damages are just all the other types of losses that a court cannot classify as economic. These damages may include pain and suffering, loss of enjoyment of life, aggravation, or any losses related to a person’s mental state. Other emotional losses may involve permanent injuries and impairment, scarring, and disfigurement.
Because there are so many factors that do not have a dollar figure attached to them, noneconomic damages are calculated differently by each party in each claim. Therefore, an injured party and their lawyers may produce a much higher calculation than the insurance company. In general, all parties are trying to predict what the jury would award because they are the ultimate arbiter in determining noneconomic damages.
In some situations, juries tie noneconomic damages to the economic ones, so if a claimant has few economic damages, they may not receive a large amount in noneconomic damages.
After a truck accident in Colorado Springs, a person can seek to recover for economic and noneconomic damages. Additionally, depending on the circumstances of their case, they could receive punitive damages as well. These damages, unlike economic and noneconomic losses, are designed to punish the defendant. When there are aggravating factors such as drunk driving, or a trucker speeding, a person may receive punitive damages because of the other person’s recklessness.
Compensatory damages impact additional compensation if the truck driver did something reckless, but did not harm someone. In this situation, a jury is not going to punish this person as much as they would if they cause somebody lots of harm or damages. Usually, punitive damages will be proportionate to other awarded compensation.
If the truck driver was at fault, their auto insurance company may pay for two categories of damages, property and bodily injuries. Property is damage to a person’s vehicle or any items of personal property inside their car, such as car seats or a laptop. Bodily injury damages include economic and noneconomic damages. Typically, auto insurance does not cover punitive damages, which means the at-fault driver or their trucking company may have to make these payments, depending on the circumstances of the case.
In Colorado Springs, a damage cap is just the limit on what someone can recover for their truck accident. However, there is no damage cap on economic damages, just on noneconomic losses, which the court adjusts according to statute. Caps are put in place to control the cost of insurance and litigation as part of the “tort reform” movement. Legislators are trying to control the costs for insurance companies.
The role of an attorney is to recover damages for someone, make sure that they get all their bills paid, and that they gain compensation for their mental and emotional losses. Injured claimants typically want to make sure their bills do not exceed the available insurance, so a dedicated attorney should be able to review the applicable insurance policies to make sure there is enough insurance to pay for all of their damages. Additionally, the attorney’s role is to gather evidence to support their request for damages.
When a Colorado Springs attorney handles recoverable damages in a truck wreck case, the burden of dealing with insurance companies is removed from the claimant. A lawyer could negotiate with the proper insurance company so that an injured person receives fair compensation. If the case goes to litigation, the attorney could handle all the aspects of the lawsuit, tell the claimant what to do and where to be, and otherwise handle everything so that they do not have to worry.
Enduring a serious truck wreck can result in significant injuries and personal losses. Therefore, if a negligent truck driver caused you to sustain injuries in a collision, you should take legal action to pursue compensation. One of our dedicated attorneys could explain your options for financial recovery. To learn about your options for recoverable damages in a Colorado Springs truck accident case, schedule a consultation today.