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 experienced personal injury attorneys can answer any questions you may have about pecuniary damages.

What Are Non-Pecuniary Damages in Colorado?

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 accident, the mental anguish of disfigurement or disability, the loss of a limb, grief, and a host of other negative impacts of an accident.

Is There a Cap on the Damages I Can Receive in Colorado? 

In the case of pecuniary damages, there is no cap on the amount you can be reimbursed for. You can receive the full amount of any pecuniary costs caused by your injury, up to any amount.IN the case of non-pecuniary damages, however, Colorado has imposed certain caps on compensation. For pain and suffering, for example, the cap is $250,000 before inflation and $500,000 after inflation. If the court imposes punitive damages on the defendant, those costs cannot exceed the pecuniary damages in the case, with certain exceptions. Damages for medical malpractice are capped at $300,000 in Colorado, even if the malpractice resulted in a wrongful death. For cases of a person being injured at a tavern or bar, the damages that can be awarded are capped at $150,000 in Colorado. The best strategy to get the most compensation possible in your case is to hire an experienced attorney to assist you in getting the help you need and deserve. 

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 accident, 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 accident, 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. Call our office today to find out what you are entitled to in your personal injury case.