Are Emotional Damages Compensated In Personal Injury Cases?
When a Colorado personal injury lawsuit is successful, the plaintiff will be entitled to monetary damages. The exact amount of the personal injury award will vary from case-to-case.
Generally, injured victims (plaintiffs) will be eligible for personal injury damages to compensate for their economic losses, such as: lost wages, loss of earning capacity, medical expenses, loss of home services, and other losses that are not easy to quantify.
Non-economic damages compensate the injured victim for temporary and permanent non-monetary losses including:
Pain and suffering: Depending on the severity and nature of their injuries, plaintiffs may recover for the pain and suffering due to their injuries.
- Damages are based on the severity of the pain and extent of impact they have on your life. They are “non- economic” in the sense that it is typically hard to put an actual dollar value, or ascribe a certain amount, to these types of injuries.
Non-economic damages can be difficult to quantify and recover because one person’s view of “distress” and “pain and suffering” may be much different from someone else’s view of those same damages.
In serious accidents, a person can suffer from post-traumatic stress disorder or anxiety. Costs to treat these conditions – such as therapy or medication – may be recoverable. However, you may also recover compensation for having to suffer with these emotional injuries.
- Loss of Enjoyment of Life: For loss of ability to pursue hobbies, outdoor activities, sports, and other activities outside of work, which you routinely enjoyed before the accident.
- Mental and Emotional Stress: Depression and anxiety due to the injuries from the accident.
- Inconvenience: Interruption in attending scheduled events or interruption in work or other activities because of doctor appointments, etc.
- Disfigurement and Impairment: Scarring, loss of body parts, interference with body functions, etc.
- Consortium: This is the loss experienced by the spouse of the injured victim for emotional stress, depression, loss of the society and affection as a result of the injured spouse.
- Limitations or “caps”: You should talk to your attorney to understand what limitations apply for damages you may recover for non-economic losses.
Compensation for emotional damages is a complicated area of law, which requires attorneys with considerable experience gained from assisting thousands of clients.
At McDivitt Law Firm, we will carefully analyze your case to identify all possible sources of financial compensation. Then we will develop a strategy to pursue fair compensation for the full amount of damages, including both economic and non-economic losses.
We represent clients on a contingency basis, so they will pay no attorney’s fees unless we win damages due to their personal injury claim. To discuss your case and arrange for a free consultation, please contact one of our experienced Personal Injury Attorneys by calling toll free 877-846-4878, or click here to download a consultation form.Back to the Blog