Economic damages, also called pecuniary damages, are the financial losses from an injury, such as medical bills and lost wages. Noneconomic, or non-pecuniary, damages cover intangible harm, such as pain and suffering, grief and loss of enjoyment of life. In Colorado, the difference matters because noneconomic damages are often capped while economic damages are not.
Economic Damages and Supporting Records
Pecuniary damages in a civil case are sometimes called “economic damages,” and these terms mean damages that are financial in nature, tangible, and easily proven. Examples of pecuniary damages in a personal injury case, for example, might include medical care costs, lost wages, and non-medical costs such as transportation or lodging needed for receiving medical care. These costs are easy to prove. All you need are receipts and paystubs. In some cases, you may also need a statement from a doctor asserting the necessity of the medical care in question. One of our personal injury attorneys can answer any questions you may have about pecuniary damages.
| Loss | Records that help document it |
|---|---|
| Medical care costs | Medical bills and receipts, and in some cases a statement from a doctor that the care was necessary |
| Lost wages | Pay stubs |
| Transportation or lodging needed to receive medical care | Receipts |
What Are Noneconomic Damages?
Identifying non-pecuniary damages and proving them is a little more difficult than pecuniary damages. Non-pecuniary damages are, by definition, intangible, so coming up with a number to attach to them can be difficult. Non-pecuniary damages can include the pain and suffering that the victim has gone through and will go through as a result of the personal injury, but that is not all they can include. The loss of companionship of another person is a possible non-pecuniary damage, as are the inability to participate in activities enjoyed before the injury, the mental anguish of disfigurement or disability, the loss of a limb, grief, and a host of other negative impacts of an injury.
Is There a Cap on the Damages I Can Receive in Colorado?
Colorado does not cap economic (pecuniary) damages. It does limit noneconomic damages in many cases, and the limit depends on the type of case and when the claim arose. For more, see What Affects the Value of a Colorado Car Crash Claim? and What Counts as Medical Malpractice in Colorado?
What if I Am Partially Liable?
Because Colorado uses a modified comparative model in determining damages, you can still be compensated even if you are partially responsible for your own injury. As long as you are less than 50% liable for your injury or crash, you may be entitled to some damages, though the amount will be reduced by the percentage of your liability. For example, if you are determined to be 10% at fault in a car crash, you can still be compensated with 90% of the damages awarded. If you are equally or more liable than the other party, however, you may not recover any damages, whether pecuniary or non-pecuniary.
Related Reading
- What Affects the Value of a Colorado Car Crash Claim?
- Who Pays Medical Bills After a Colorado Car Crash?
- What Counts as Medical Malpractice in Colorado?
Talk to Greer Law About Your Damages
Call our office today at 303-331-6460 or contact us online to find out what you may be entitled to in your personal injury case.
