Colorado car accident laws are based on a “fault-based” system. In this system one party is identified as being responsible for the accident. Colorado offers several types of compensation to a party that has suffered damage in an automobile accident in the state.
Medical Bills
Colorado law permits compensation to reimburse an injured party for any medical, hospital, prescription and other medically-related expenses resulting directly from the injury caused by the car accident. Compensable medical bills include past expenses as well as future expenses that are reasonably expected to accumulate to further treat the injury.
Out-of-Pocket Expenses
Colorado identifies any expenses the injured party had to pay out of his or her own pocket without assistance of insurance as “out-of-pocket expenses.” Typically, this compensation is for physical damage to automobiles or other personal property. Usually, the amount awarded by a Colorado court to the injured party is the exact amount the party spent.
Pain and Suffering
The state of Colorado permits compensation for the pain and suffering an injured party experienced as a consequence of the accident. Because it is difficult to specifically gauge the cost of pain and suffering, the state’s courts usually rely on guidelines created by the state or insurance companies.
Permanent Damage
If a party’s injury is permanent or the party has lost the ability to perform a basic life function, Colorado law permits him or her to be awarded compensation for this permanent damage. To ease the difficulty of calculating these damages, the state and insurance companies have created guidelines that allocate specific amounts to various types of permanent damage.
Punitive Damages
Punitive damages are available in Colorado. This type of damages is awarded to an injured party as a means of punishing the party deemed at fault for the accident. However, while permissible, Colorado law does not look favorably at their being awarded despite the state being an “at-fault” automobile accident state. Therefore, punitive damages are difficult to obtain and, if awarded, often quite small.
Lost Wages
If a party was injured in such a way that he or she lost time at work and therefore lost the normal salary amount, Colorado law permits the injured party to be awarded the difference between what was actually earned and the injured party’s usual earnings. Furthermore, the state allows recovery for future lost wages if the injured party reasonably expects to be out of work for an extended period of time.
Getting Legal Help
Because of the different types and calculations of damages that can be awarded in a Colorado car accident, it is important to seek legal advice about your case and the potential compensation you could receive. An attorney will evaluate the facts of your case and injures and be able to advise you about the method to obtain the most compensation.
