How Colorado Calculates Non-Economic Damages

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How Colorado Calculates Non-Economic Damages

A severe injury caused by a car accident, medical malpractice, a fall, or any other type of accident could have very damaging effects on parts of your life caused by more than just huge medical expenses. Precisely determining what non-economic damages you have endured as the result of an injury is a vital element to any legal claim.

We are happy to help discuss any questions you might have concerning non-economic damages in the state of Colorado. If you or a member of your family has recently been injured in any kind of accident, please reach out to a member of the legal team at Injury Victim Law for a free, no-obligation consultation regarding your personal injury case.

Non-Economic Damages Defined

How Colorado Calculates Non-Economic Damages

If you sustained an injury during an accident in your workplace, a car accident, a slip and fall on someone else’s property, medical malpractice, a burn injury, or any other similar experience, you probably have acquired a mountain of expensive medical bills and, if you require any type of ongoing treatment, physical therapy, or have been permanently disable, more medical bills are on their way. The cost of these bills will be the main focus of the assessment of the worth of your personal injury claim.

Non-economic damages, however, largely dealing with pain and suffering, will likely boost the dollar amount of your overall claim. Pain and suffering are considered to be non-economic damages and it is often the most common.

Different Kinds of Pain and Suffering

Pain and suffering is the legal terminology for the physical and emotional stress that results from receiving any type of injury at the hands of someone else. There are a lot of different kinds of non-economic damages that might come up during a suit, including but not limited to:

  • Inability to sleep at all or major difficulty in doing so.
  • A total or partial loss of your ability to accomplish everyday chores, like cleaning, yard work, driving, and cooking.
  • No longer being able to participate in activities such as playing sports, exercising, and playing with your children.
  • The loss of your overall peace of mind because of emotional trauma caused by the accident.

Any activity or endeavor that is affected in any way by your accident-related injuries, both physical and mental, may be factored into your non-economic damages.

How Non-Economic Damages Are Calculated in Colorado

In order to be able to correctly assess your non-economic damages, you have to establish the degree of your emotional and physical suffering as well as the decreased quality of life you have experienced since receiving your injury.

Collect evidence by taking pictures of your injury as time passes and record information daily in a logbook where you write about the ways in which your injury has negatively impacted your life. Be sure to incorporate any functions or events that you normally would have attended or taken part in had you not sustained your injury. For example, if you used to spend your Saturdays playing on a neighborhood baseball team and, because of your injuries, you are no longer able to do so, you should keep track of that and how it makes you feel in your logbook.

Your family and friends are also able to give statements on your behalf. A note from a mental health practitioner or a doctor would also be an extremely helpful thing to have, particularly if you are declaring emotional trauma such as anxiety, depression, insomnia, or any other related mental health conditions.

The majority of Colorado residents appreciate and enjoy numerous outdoor activities like jogging, hiking, white water rafting, rock climbing, camping, and bicycling, just to name a few. If you, prior to your injuries, regularly participated in any of those or any similar activities, then we strongly recommend that you provide a detailed description of how you participated in these activities and the enjoyment and health benefits that came with them, and how all that has been taken away or otherwise affected because of your accident. 

What to Avoid

If you or a member of your family have been injured in any type of accident and are looking to claim substantial non-economic damages in Colorado, you have to be very cautious about what personal information you make publicly known throughout the course of your rehabilitation.

We strongly urge you to not post anything at all on a social media platform until after your case has been officially settled. Should you say or show in any way, even if your words are taken out of context, via your Facebook or other social media profiles, or the profiles of your close friends, that you are on bit less hurt than you are claiming to be, the rival insurance carrier will absolutely use this to their advantage, even if they know they are twisting your words.

This same rule applies to any type of function or event that you may attend also. Should you happen to be seen at a music festival after you have stated that your accident-related injuries preclude you from being able to participate, that is going to majorly hurt your case. The recommended practice in these situations is to temporarily deactivate all of your social media accounts or to set your account’s privacy settings to the highest possible degree on all social media platforms.

If you or someone you love has been injured as the result of another person’s distracted driving or other negligent behavior, then you may be entitled to receive financial compensation for damages. You’ll need a reputable personal injury attorney who is experienced in handling these kinds of cases. 

If you are seeking legal representation for a pending lawsuit and you want an attorney who is esteemed, qualified, and knowledgeable in handling these sorts of injury cases, then the personal injury attorneys at the Injury Victim Law offices are just who you’re looking for.

If you would like a free consultation with one of our skilled personal injury attorneys regarding a case you feel you may have, we are here to help. Please reach out to us by calling (800) 245-2774 to schedule your appointment for your free consultation today.

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