What are the types of damages?
Compensatory: Economic and non-economic damages meant to reimburse you for all expenses and costs associated with injury;
Punitive: Damages meant to punish the wrongdoer for their reckless or malicious action or inaction;
The amount and extent of compensatory (especially non-economic damages) depends on the extent and nature of injury and impact that injury has on victim's quality of life or the lives of the victim's family.
*Punitive damages are limited in the circumstances that they can be awarded for, and are often excluded under insurance policies.*
Non-Economic Damages (Pain and Suffering):
These damages are non-monetary losses.
- Physical pain;
- Emotional suffering;
- Mental anguish;
- Loss of reputation;
- Loss of consortium;
- Loss of enjoyment of life;
- Humiliation;
- Grief;
- Embarrassment;
- Anxiety;
- Inconvenience;
- Nervousness;
- Shock;
- Impairment of the quality of life (Pringle v. Valdez, 171 p.3d 624, 629 and n.4 (Colo.2007); C.R.S. § 13-21-105.5(2)(b))
Economic Damages (Special Damages):
These damages include-
- Property damage;
- Property replacement;
- Medical bills;
- Household expenses;
- Transportation costs;
- Lost wages;
- Loss of earning capacity (especially after a severe collision that impacts victim's ability to function normally);
If you are intending to seek damages it is important that you keep all receipts, invoices, pay stubs and other proof of expenses.
If you are intending to seek damages related to loss of earning capacity, you may need an expert's testimony to back this up.
