Damages in Denver Personal Injury Accidents
Denver Personal Injury Attorneys Help You Understand and Calculate Damages
When determining the validity of a claim, you must first consider what damages are involved. In any personal injury case, the “plaintiff,” or injured party making the claim, is responsible for establishing and proving his or her damages. There are three main areas of damages you will need to consider: Economic Damages, Non-Economic Damages and Physical Disfigurement and Impairment. The Colorado auto accident attorneys at Fuicelli & Lee, PC are experts in negotiating analyzing these three areas and are ready to help you establish your case now.
Proving your damages may seem like a simple task but in reality, trying to quantify damages is extremely complicated. It is especially important to hire a knowledgeable and experienced lawyer in order to establish damages related to your case. At Fuicelli & Lee, PC, our skilled Denver personal injury attorneys will work diligently with you to calculate damages. We will help you establish the obvious damages pertaining to your case, as well as those that are not immediately apparent.
Economic Damages in Denver Injury Accidents
“Economic” damages incurred as a result of an accident include obvious monetary losses like medical expenses and lost wages. In addition, economic damages which are less evident, such as the inability to continue work life, also need to be determined. Economic damages are the responsibility of the at-fault party. In some cases, the amount of economic loss is easily determined. For example, in a relatively minor automobile accident case in which the plaintiff has limited medical expenses and a loss of a few days of work, calculating the total amount of economic damage is fairly easy. However, cases that are more complex require calculating the economic harms and losses. This can become so complicated that expert witnesses are required to properly analyze the true impact of an accident.
For example, if the plaintiff has a high-paying, physical job but is unable to continue working in that field due to an injury, and must take a lower paying job, then the plaintiff will have ongoing future economic losses that must be considered. Similarly, if the plaintiff is unable to return to work altogether, he or she may be entitled to future economic damages. A car accident lawyer in Denver will have experience understanding the complicated issues, and can help you recover financial compensation.
Another issue to consider when calculating economic damages is the future medical expenses that the plaintiff may incur. Determining what type of future medical care, and the cost of that care, often needs to be calculated by an expert. These experts prepare “life care plans.” “Life care plans” contain an analysis of the projected future medical needs, including costs. This is necessary because the jury must determine what the probable future medical needs are. In serious cases, with ongoing medical treatment, it is important to contact us as quickly as possible to begin the process of collecting, analyzing, and ultimately presenting these future medical needs.
Generally speaking, “Non-economic” damages can be described as intangible damages or those losses that are not immediately apparent. Often times the non-economic damages are the greatest harms and losses people experience from a personal injury. For example, a common non-economic damage is “pain and suffering.” You can not physically touch or see pain and suffering yet it is a result of the injury experience that would have not normally existed prior to the injury.
There are a variety of non-economic damages. There is the inconvenience and emotional stress that comes with an injury and repeated trips to the doctor’s office. There is also the fear and apprehension people commonly experience after they are involved in a serious accident. In many cases, the greatest loss is the reduction in the person’s quality of life. This is another way of describing the damages associated with not being able to do the things you loved to do prior to the accident. It is important to know that the at-fault party is liable for non-economic harms and losses as well as those losses that will continue in the future.
What happens if my case goes to a jury trial?
When a case goes before a jury, you need the experienced Denver trial attorneys, Fuicelli & Lee, PC fighting for you. Since non-economic damages are more difficult to prove, juries often struggle with how to fairly compensate the plaintiff. Imagine how to put a price tag on a person’s quality of life when they now have to live with constant pain due to another’s negligence.
Clearly demonstrating and proving to the jury how to fairly compensate for these non-economic damages is critical to the successful outcome of your case. Many jurors have strong biases against compensating individuals for non-economic damages like pain and suffering. This is due to a carefully orchestrated and highly funded effort by powerful special interests. The Denver car accident lawyers at Fuicelli & Lee, PC have extensive courtroom experience and expertise at confronting and overcoming this bias.
Physical Disfigurement and Impairment
Physical disfigurement and impairment are tragic and traumatic injuries. Many of these injuries are permanent or irreversible. It is important to know that injured parties are entitled to recover for any physical disfigurement and impairment. Unlike the non-economic damages discussed above, physical disfigurement and impairment are not capped, in Colorado. This means that there is no maximum monetary amount placed on the case.
If you or a loved one has been injured by the negligent actions of someone else, please call or email us today for a free assessment of your case. The law firm of Fuicelli & Lee, PC is ready to help you calculate damages.