Personal Injury Compensation Calculator
You deserve to receive compensation for injuries you suffered through no fault of your own. Of course, you want to know how much your claim is worth.
Estimating the value of a claim is very difficult, particularly in the initial stages of a case. It is simply not possible to accurately predict the value of a claim without a thorough investigation of the accident and a review of your medical history, prognosis, and work history.
In short, many issues must be resolved before you can place a value on a claim. A discussion of these matters follows.
Liability And Defenses
The insurance company representing the party that injured you will not automatically agree that you weren’t at fault for your accident. Insurance companies work hard to find some fault with the injured party because that is a way to reduce the value of a claim. In Colorado, that defense is called comparative negligence. The theory of comparative negligence Colorado uses is known as modified comparative negligence. Modified comparative negligence means that you cannot recover any damages if you are 50% at fault or greater. If you are less than 50% at fault, your award must be reduced by your percentage of blame. By way of example, if a jury finds that you were 10% at fault for the car crash, then your damages must be reduced by 10%. Remember, only a judge or jury after a trial in court can determine your degree of culpability for the accident. However, the insurance company will anticipate your comparative negligence in negotiations to offer a reduced settlement amount.
In Colorado, the minimum insurance coverage for automobiles is dictated by statute. The minimum amount permitted by law for a passenger vehicle is $25,000 per person or $50,000 per occurrence. Therefore, if the person who caused the car accident has the minimum amount of insurance, then the most you can recover from the insurance company is $25,000. You have the option of suing the individual for damages exceeding the policy, but that is a complicated matter and an option in rare circumstances. You can seek compensation from your insurance if your carry underinsurance coverage. You can seek reimbursement for your medical bills if you carry medical payment coverage or personal injury protection on your insurance policy. Even if you win at trial, the jury verdict is merely a number on a page. You must be able to collect the judgment.
Amount Of Special Damages
Colorado law entitles a person to claim the following damages without limitation:
- physical impairment;
- lost wages;
- lost earning capacity;
- past and future medical bills;
- out of pocket expenses; and
- Property repair.
Therefore, the value of your claim depends on the amount of economic loss you suffered or will suffer depending on your particular employment and health situation.
Limitation On Damages In Colorado
Colorado’s legislature passed a law capping the amount of non-economic damages a person may recover. Noneconomic damages are pain and suffering, inconvenience, emotional stress, or impairment of the quality of life. The law at present caps the maximum recovery for non-economic loss at $468,010 unless the injured person proves by clear and convincing evidence that the amount should be higher in the interest of justice. However, non-economic damages may not exceed $936,030. The statute calls on the Colorado Secretary of State to issue new limits after accounting for inflation on a periodic basis.
Where Should You Turn For Representation For Your Personal Injury Claim In Colorado?
The Denver personal injury attorneys at Zinda Law Group in Colorado know how to handle these situations to achieve the best results for our clients. Our accident attorneys will provide you expert legal advice while working work diligently to reach a fair and just resolution of your claim. We have a passion for winning compensation for our clients. Contact us at 303-800-1501 today to schedule a free consultation and learn how we can help you with your Colorado personal injury claim.