Member of the Colorado Bar Association since 2014. Attorney, Christopher M. Nicolaysen focuses primarily on helping those injured in Colorado car accidents, other auto accidents, and Colorado personal injury incidents.
This article has been written and reviewed for legal accuracy and clarity by the team of writers and attorneys at Springs Law Group and is as accurate as possible. This content should not be taken as legal advice from an attorney. If you would like to learn more about our owner and experienced Colorado personal injury lawyer, Christopher Nicolaysen, you can do so here.
Springs Law Group does everything possible to make sure the information in this article is up to date and accurate. If you need specific legal advice about your case, contact us. This article should not be taken as advice from an attorney.
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 payment’s 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.
Partner
Attorney, Christopher M. Nicolaysen focuses primarily on helping those injured in car accidents due to no fault of their own.
The personal injury matters include auto accidents, bicycle accidents, pedestrian accidents, and trucking accidents.
Chris truly enjoys helping clients through a difficult time and helping them get the compensation they deserve.
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I was uneasy about reaching out to a law firm after being in an accident that left me injured and my vehicle totaled. I don’t care for the idea of suing for what was very clearly an accident. However, after learning more about the overall process of working with a professional team to navigate the murky waters of the insurance world, I was pleasantly surprised to find that the experience wasn’t as gross as I’d originally felt about it.
Springs Law is very friendly and professional. I always felt that they were on my side and cared about my injury and what I was going through. I highly recommend them.
Springs Law Group is an amazing group to work with! I got into a rough accident, and they never ceased to let me know they were there working hard to help me in my hour of need. It was always very easy to reach out to someone if I had any questions, and they were always happy to answer any questions I had.
I never have a problem with getting a response when I need them – which is not the case with most other firms. They really truly care about each client. As a plus, they always have positive attitudes, which matters tremendously when you are in a stressful legal situation.
Big thanks to Mr. Jake Kimbell and his team for their assistance with my case. He helped me through an incredibly challenging part of my life, and most importantly helped navigate through the convoluted legal channels of my case. I cannot thank him and his team enough for their support.
The entire team at Springs Law group has been nothing but amazing. Jake and the rest of the staff were great to work with and extremely professional. They were very attentive and answered any questions and concerns I had. I was always able to contact them and they were very responsive and communicated with me.
Springs Law Group is an amazing group to work with! I got into a rough accident, and they never ceased to let me know they were there working hard to help me in my hour of need. It was always very easy to reach out to someone if I had any questions, and they were always happy to answer any questions I had.