Compensation for Negligence
A person who has been negligent must pay compensation to those people injured by their conduct. At our firm, many of our negligence clients manage to get compensation to pay for the following:
- All medical care, including the costs of transportation to the hospital, doctor visits, surgery, anesthesia, rehabilitation, prescription drugs, assistive devices, etc. Medical care also includes future medical care if your injuries are permanent.
- Lost wages and lost future income. Even self-employed people can qualify for compensation.
- Property damage, such as damage to a vehicle or your home.
- Pain and suffering. Physical injuries cause pain and inconvenience, which you can be compensated for.
- Emotional distress. You can receive money if you suffer from anxiety, depression, embarrassment, anger, etc. because of your injuries. You can also receive money for post-traumatic stress disorder.
- Disability. If you are permanently disabled, you can qualify for compensation.
If the person was more than negligent—say, willfully indifferent to your safety–then you might qualify for exemplary damages. These damages are more punitive in nature for reprehensible conduct.
Colorado has adopted limits on the compensation you can receive, which are called “damage caps.” In particular, Colorado Revised Statute § 13-21-102.5 caps non-economic damages, meaning pain and suffering and emotional distress. The caps apply to each defendant and represent the maximum the defendant must pay. The amount increases each year and is currently $468,010. Based on clear and convincing evidence, an injured plaintiff can receive more.