The value of a Colorado car crash claim depends on your documented losses, including economic damages like medical bills and lost wages and non-economic damages like pain and suffering. Who was at fault and how much insurance is available also matter, and Colorado limits some non-economic damages.
If you have been in a car crash that was caused by someone else’s negligence, such as another driver, a city that failed to mark a road hazard, or a car manufacturer that made a defective vehicle, you may be eligible for monetary compensation, both for your actual expenses (economic damages) and for your pain and suffering (non-economic damages). Knowing how much compensation is both fair and achievable in your case can be a delicate calculation.
What Are Economic Damages?
Economic damages are the actual costs to you caused by your crash. They can include the cost of damage to your car or property, medical expenses, lost wages (both now and in the future), and other expenses such as transportation to and from medical appointments or necessary medical devices such as a wheelchair or crutches. These expenses are easy to prove: all you need are receipts and pay stubs.
| Loss | Records that help document it |
|---|---|
| Damage to your car or property | Repair estimates, invoices and photos |
| Medical expenses | Medical bills and receipts |
| Lost wages, now and in the future | Pay stubs and records of time missed from work |
| Transportation to and from medical appointments | Receipts and mileage records |
| Necessary medical devices, such as a wheelchair or crutches | Receipts |
What Are Non-Economic Damages?
Non-economic damages include the losses you have suffered that are not easily quantifiable but that you are suffering, nonetheless. Pain and suffering often result from a car crash, and it is possible to attach a dollar amount to those and to be compensated for them. The same can be said of the loss of family and other relationships, damage to mental and emotional health, and the loss of previously enjoyed activities and hobbies. While it is more difficult to determine fair compensation for non-economic damages, a car crash lawyer looks at factors such as how serious your injuries are, how long your recovery takes and how the injuries affect your daily life. Asking for too much can hurt your case, and so can asking for too little. Seeking astute legal counsel to come up with just the right number is a smart idea any time you are part of a personal injury case, whether it involves a car crash or some other type of incident that has harmed you or damaged your property.
Are There Limits on Car Crash Damages in Colorado?
The state of Colorado imposes no limits on the amount of economic damages that can be awarded in personal injury cases such as those involving car crashes. There is, however, a limit on non-economic damages. For claims that arise on or after January 1, 2025, the cap on non-economic damages is $1.5 million, and it will be adjusted for inflation starting in 2028. Older claims are subject to lower caps. Damages for physical impairment and disfigurement are not capped. The damage limits will change periodically to offset inflation. The Colorado Secretary of State publishes a Certificate with all of the current damage caps. One other limit on car crash claims in Colorado is a time limit. Car crash claims must be made within three years of the crash, barring extenuating circumstances.
Fault, Insurance and the Information Needed to Evaluate a Claim
Your claim’s value also depends on who was at fault and what insurance is available. Under Colorado’s comparative negligence rule, your compensation can be reduced by your share of fault. The at-fault driver’s policy limits and your own coverage also affect what can be recovered. Before you accept any settlement, read Car Crash Release Forms: What to Check Before Signing.
Related Reading
- Economic and Noneconomic Damages in Colorado
- Colorado Comparative Negligence: How Shared Fault Works
- Car Crash Release Forms: What to Check Before Signing
Talk to Greer Law About Your Claim
A skilled personal injury attorney can help you decide how much compensation to seek. Contact us online or call 303-331-6460 to discuss your options.
