What Damages Can You Recover in a Personal Injury Claim?

In Colorado, personal injury damages handled by an attorney often exceed the settlements insurance companies offer. Talking to a personal injury lawyer about your accident, its impact, and how it may continue to affect your future is one of the most reliable ways to learn what your case is worth.

When you are injured in an accident—no matter if that is a car accident, a slip and fall, a skiing accident, or another event beyond your control—costs can be exorbitant Things like ambulance bills, emergency care, hospitalization, follow-up treatments, and ongoing rehabilitation can add up quickly, placing an enormous strain on your financial stability. This strain is often compounded by an inability to work, which is common following serious injury.

Facing the staggering costs associated with serious injury can be frightening. Related medical expenses, lost wages, diminished earning capacity, and pain and suffering can impact your life for years to come. Unfortunately, insurance companies have a long history of minimizing settlements for seriously injured people.

Colorado personal injury damages typically exceed what insurance is willing to pay upfront. Sadly, if you accept an offer from an insurance company, you will be barred from seeking additional compensation through legal action. It is important to talk to a personal injury lawyer before you accept an offer from insurance to make sure it is sufficient for all of the damages you have and may continue to suffer.

Discuss Possible Colorado Personal Injury Damages With a Qualified Attorney Today

If you have been injured in an accident in Denver, Boulder, Fort Collins, or anywhere else in Colorado, Burg Simpson is here to help. Call us at 303-792-5595 to schedule a FREE and confidential consultation with one of our personal injury lawyers today.

Colorado Personal Injury Damages

When you are injured due to someone else’s negligence, you may be entitled to pursue various types of compensation for your damages. The specific compensation available to you will depend on the nature and severity of your injury.

In a Colorado personal injury damages case, compensation typically falls under three primary categories:

Special Damages

Also known as economic damages, these are intended to compensate you for out-of-pocket expenses. They may include:

• Medical Expenses. This can cover everything from immediate care to long-term treatment. Prescription medications, medical devices, rehabilitation, and all other related medical expenses are included under these damages.
• Lost Wages. If you are unable to work due to your injury, you may be entitled to cover the wages, bonuses, and other types of compensation you missed while recovering.
• Diminished Earning Capacity. If your injury has long-term or permanent consequences that prevent you from returning to your usual occupation, you may be compensated for the future impact on your earnings.
• Property Damage. Property damaged in an accident, such as a vehicle in a crash, may be included in special damages.

Economic damages cover everything with associated costs and tangible expenses. They can cover accessibility modifications to your home, assistive technologies, and even the cost of travel to and from appointments.

There is NO CAP on economic damages in Colorado.

General Damages

Also known as non-economic damages, these cover intangible damages that may not have an established cost, but are no less important when dealing with catastrophic injuries. They may include:

• Pain and Suffering. This covers the physical pain and emotional distress caused by the injury.
• Lost Quality of Life. This addresses forced changes to your lifestyle brought about by the injury.
• Scarring and Disfigurement. Damages for the lasting effects of lacerations, amputations, and other disfiguring injuries.
• Loss of Consortium. This is intended to compensate victims for impacts on their relationship with their spouse or family.

Non-economic damages compensate for the physical and emotional struggles that often follow serious and life-altering injuries.

There IS A CAP on non-economic damages in Colorado. As of January 1, 2025, the non-economic Colorado personal injury damages cap is $1.5 million. The Colorado General Assembly has further decided that starting on January 1, 2028, and every two years after, this cap will be adjusted for inflation. The non-economic damages cap is different for some cases, including those involving wrongful death and medical malpractice.

Punitive Damages

Economic and non-economic damages are known as “compensatory damages.” This means they are intended to provide compensation. In some circumstances, the court may also award punitive damages. Rather than compensating you for your injuries, these damages are intended to punish the at-fault party for especially reckless or malicious behavior. They are primarily designed to set precedent and deter similar behavior in the future.

The personal injury lawyers at Burg Simpson have recently secured a $55.5 million verdict on behalf of a client who was severely burned by a defective pressure cooker. $50 million of that award was for punitive damages.

In most cases in Colorado, punitive damages ARE CAPPED at an amount equal to compensatory damages. For example, if you are awarded $2 million in special and general damages, punitive damages would be limited to $2 million. However, in cases like the one mentioned above, where the defendant’s actions were particularly negligent, punitive damages may be capped at up to 300% of the compensatory damage award.

Which Colorado Personal Injury Damages Am I Entitled To?

Determining the value of your personal injury claim involves a careful assessment of how your accident has—and will continue—to impact your life financially, physically, and emotionally. Each case is unique. Many elements can affect your compensation, including the severity of your injuries, the level of insurance coverage available, the other party’s behavior, and any role you may have played in the accident. Colorado’s personal injury damage caps can play a role as well.

Personal injury lawyers may work with outside experts, such as accident reconstruction specialists and economists, to ensure an accurate evaluation of damages. The best way to determine which Colorado personal injury damages you may be entitled to is through a private and free consultation with an experienced and proven attorney.

Can I Still Recover Damages if I Played a Role in My Accident?

Yes! In Colorado, personal injury damages may still be awarded to people who contributed to their accidents. Colorado follows a contributory negligence rule. So long as you are less than 50% responsible for an accident, you can still recover damages. The amount of fault attributed to you will, however, reduce the damages you are awarded.

As an example, under Colorado’s comparative fault rule if:

• You are awarded $500,000, but
• You are found to be 20% liable for the accident, then
• Your damages will be reduced by 20%, and
• Your actual award will be $400,000

Colorado personal injury law is complex. It can be very difficult to understand who and what caused an accident without a thorough investigation. Before you accept blame for an accident or suggest to anyone else that you played a role, talk to a personal injury lawyer about how liability is assessed in these claims.

Burg Simpson Will Fight for You

Burg Simpson is a nationally recognized, award-winning personal injury law firm with over four decades of service. Our attorneys have recovered more than $2 billion in verdicts and settlements for clients injured through motor vehicle collisions, medical malpractice, and more. No matter how complex your case may be, we are here to stand by your side, protect your rights, and help you obtain the true compensation you deserve.

Questions About Colorado Personal Injury Damages? Talk to a Personal Injury Lawyer for FREE

If you have been injured through someone else’s negligence and have questions about your rights, your options, or the types of damages you may be entitled to, we are here to help. Our personal injury lawyers will listen to your story, explain your options, and help you determine how to move forward with your claim. We are committed to holding negligent parties accountable and helping victims of serious injury rebuild their lives.

Contact Burg Simpson online or call us today to schedule your FREE consultation. Based in Denver, we help families and individuals in Colorado Springs, Pueblo, Grand Junction, and throughout the state seek justice after an accident.