Recovering Compensation
What Compensation Am I Entitled To?
Not all injuries are the same. There are a variety of circumstances that dictate how and if someone is eligible for compensation.
Colorado law allows an injured person to collect the following types of damages:
Economic damages. This can include past and future medical bills, lost wages, loss of an ability to earn income, lost contribution of income, and other out-of-pocket costs related to your injuries. The amount of these damages are generally not limited or capped by Colorado law, except in medical malpractice cases or in cases against a government entity.
Non-economic damages. This can include past and future pain and suffering, lost quality and enjoyment of life, inconvenience, grief, emotional distress, and loss of consortium or companionship of a spouse. The amount of these damages is generally limited, or capped, by Colorado law.
Physical impairment. This includes compensation for the loss of function in the part of your body that was injured. For example, if you break your hip and it will never be the same, the responsible party must compensate you for having to live with a ‘physically impaired’ or limited hip for the rest of your life. The amount of these damages is generally not capped or limited by Colorado law.
Uninsured / Underinsured Damages. A person who claims Uninsured or Underinsured insurance benefits under their own automobile policy is entitled to recover their reasonable attorney fees and court costs, and two times the covered benefit, if the payment of their benefits was unreasonably delayed or denied by the insurance company.
Exemplary or punitive damages. These are damages you are entitled to if the responsible party’s conduct is more than just careless but is especially outrageous, reckless, willful and wanton, malicious, or egregious for some reason. Every case is different and what may seem outrageous in one case may not be outrageous in another.
Interest. Colorado law entitles you to 9% annual interest from the date of the injury to the date of the personal injury jury award. The 9% starts compounding annually after a lawsuit has been filed. This can sometimes add significantly to the overall amount of compensation, especially when the insurance company is dragging their feet about a settlement.
Don’t Overlook Your Potential to Recover
Many people just accept their circumstances after suffering an injury because they feel guilty about "suing" someone or don't want to be "litigious."
Seeking compensation from a negligent party for your injuries doesn’t mean that you’re greedy...it's something that injured victims are legally entitled to because it's fair.
By letting an attorney examine your situation, you’re giving yourself the full benefit of the doubt. You should at least wait until you understand all of your legal options before deciding whether to pursue compensation or not. Aurora attorneys Joe Gama and Richard Gama have helped hundreds of Colorado clients exercise their legal rights and put their lives back on track after an injury. Set up a free consultation with Joe or Richard today.