Car crashes can be highly stressful for everyone involved. You may be facing hefty medical bills, significant injuries, and irreparable damage to your vehicle and other property. If you were involved in an automobile wreck caused by another motorist’s carelessness, you deserve compensation. Reach out to a vehicle collision attorney to discuss the Boulder car accident damages you are entitled to.
Economic and non-economic damages are available to injured parties after a car wreck. Economic damages include lost wages, past and future medical expenses, and any out-of-pocket costs the plaintiff has. Non-economic damages refer to the intangible costs that someone incurs after an accident. These can include physical and mental pain and suffering, inconvenience, emotional stress, and impaired quality of life.
When there are circumstances of fraud, malice, or willful and wanton conduct in a car wreck case, an injured party may be entitled to punitive or “exemplary” damages. If a motorist acts in a way that they know could cause harm, the court could order them to pay punitive damages to the injured party for their reckless behavior. Punitive damages are intended to punish the driver for their actions and dissuade them from acting this way again.
Intoxicated and distracted driving are common instances where punitive damages may be awarded. An injured party may also be able to receive punitive damages from a trucking company if they failed to perform vehicle inspections or hired unqualified drivers. A dedicated attorney could help an injured party determine the damages they are entitled to after an automobile crash in Boulder.
Non-economic damages can be tricky to determine an exact amount for since they are representative of intangible losses. While the jury ultimately decides the non-economic damages amount, it is an attorney’s job to present evidence in a way that properly represents what the plaintiff has lost as a result of the other driver’s carelessness. A lawyer could also use this evidence to display the extent of one’s injuries during settlement negotiations with an insurance adjuster or mediator.
The amount of pain an injured party has incurred, medical appointments they have had to attend, surgeries and treatments they underwent, and the severity of their injuries are all factors that can be used to justify a non-economic damages award. A skilled attorney could investigate the circumstances of a Boulder car wreck to uncover evidence that supports a compensation claim.
For personal injury claims, there are no caps on economic damages. However, the available insurance coverage will generally impact the amount of compensation available. For non-economic damages, there is a cap of $613,760, which the court can increase to $1,000,227 with clear and convincing evidence. There are no caps for disfigurement or physical impairment.
An attorney could use evidence of a catastrophic injury to circumvent the non-economic damages cap. If an individual suffered a brain injury or spinal cord injury, this is generally clear and convincing evidence for increasing the damages award.
A knowledgeable Boulder attorney could retrieve medical records and speak with doctors to assess the extent of an individual’s injuries. They could also speak with witnesses who can attest to an injured party’s decreased quality of life as a result of the accident.
A lawyer could also work to uncover all applicable insurance policies and the types of benefits under each of these policies. This is important because sometimes, there are caps on the amount of money available under certain policies. The at-fault driver may have multiple policies or umbrella policies, and it may take some persistence and investigation to uncover the full extent of a motorist’s coverage.
If you were involved in an automobile accident that resulted in severe injuries and property damage, you deserve to be compensated for your losses. A knowledgeable attorney could assess your case, speak with insurers, and pursue a monetary damages award on your behalf.
To learn more about your legal options, call our office today. Our skilled attorneys could explain Boulder car accident damages in more detail and help you explore your routes for recovery.
