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Jack Zinda - Austin Personal Injury Attorney Joseph Caputo - Austin Personal Injury Attorney Burgess Williams Neil Solomon Ryan Toomey Christina Hagen Jason Aldridge Elicia Wilson Kelsey Feldkamp Andrew Rogers Erin Groce Alaina Zermeno Cole Gumm Luis Muñoz

Types of Non-Economic Damage Compensation

No court can fully fix the intangible psychological damages that you may endure for years after an accident. However, you could be awarded non-economic damages, which is an amount of money designed to compensate you for harm that is not financial in nature. These damages are awarded in addition to economic damages, such as lost wages and medical expenses.

If you have suffered non-economic damages as the result of someone else’s negligence, you should seek compensation for these damages. You will want to consider both past and future damages because you will not be able to come back and demand money more at a later date. Several different types of non-economic damages are available, including pain and suffering, mental anguish, physical impairment and disfigurement, and loss of consortium.

Pain and Suffering

Pain and suffering damages are designed to compensate you for the physical pain you endured as a result of your injuries. This type of damages can be established through the testimony of your doctors or through medical records.

Mental Anguish

Mental anguish damages are designed to compensate you for more abstract psychological distress that results from your injury such as depression, stress, post-traumatic stress disorder (PTSD), and similar difficulties. To recover, you must be able to show the severity and duration of these symptoms and they must have been serious enough to significantly interfere with your life.

Physical Impairment and Disfigurement

Physical impairment and disfigurement damages are designed to compensate you for the loss of the ability to enjoy common activities such as walking, cooking, and exercising.  Proving the fact of physical impairment through medical records can justify a recovery for the loss of enjoyment of activities that have become difficult or impossible. The impairment must be substantial to justify a recovery.

Loss of Consortium

Loss of consortium damages are sought by the spouse of the injured party rather than the injured person himself and designed to compensate the spouse for the loss of the benefits of marriage to a healthy spouse. These damages include:

  • Loss of sexual relations due to the spouse’s impaired sexual function
  • Loss of expressed love
  • Loss of counsel (due to communication difficulties, for example)
  • Loss of services (domestic services, for example)
  • Loss of emotional support
  • Loss of companionship

Loss of consortium damages also can be sought in a wrongful death lawsuit by someone whose spouse was killed in an accident.

Personal Injury and Medical Malpractice Limitations

There are limits on economic and non-economic damages in general personal injury cases and medical malpractice personal injury lawsuits.  Colorado limits the amount of non-economic damages available.  When the statute was passed, the limit was established as $250,000 in damages, or $500,000 if there is clear and convincing evidence that justifies the increase.  These limits have been adjusted upward for inflation and present dollar values have the cap at approximately $500,000 and $1 million in the event of clear and convincing evidence. If the case involves medical malpractice, there is a $1 million dollar cap, with only $300,000 of that total amount able to be awarded for non-economic damages.

Zinda Law Group is a Denver personal injury law firm that has earned its reputation for aggressively pursuing personal injury claims for our clients.  Although this may be a difficult time for you, our experienced personal injury lawyers can help by fighting for your interests and seeking the compensation that you deserve.  Call us today at 303-800-1501 to receive a free initial consultation.



 

800-863-5312
Denver

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Denver:
600 17th Street
Suite #2800

Denver, Colorado 80202
Phone: 303-800-1501

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