There are three types of recoverable Aurora car accident damages such as economic damages, non-economic damages, and disfigurement and impairment. When there is a question of willful and wanton conduct, punitive damages can also be sought.
Depending on the policy limit, the minimum policy limit in the state of Colorado is $25,000 for bodily injury and $15,000 for property damage. The at-fault insurance company is responsible for paying out the policy limit.
Any jury verdict or judgment in excess of the policy limit is the responsibility of the person or the at-fault driver. If you have been harmed due to the negligence of another driver, an experienced car accident attorney can help you pursue an appropriate amount of damages.
Economic vs. Non-Economic Damages
As defined by Aurora law, economic damages are a person’s hard numbers. These are numbers that are non-negotiable. They are documented. Those economic numbers include medical bills, wage loss, and out of pocket expenses.
The non-economic damages are a person’s soft numbers such as pain and suffering, loss of enjoyment of life, and inconvenience. These damages are more specific to the plaintiff versus economic damages where medical bills are the same for everybody. Non-economic damages are unique to the plaintiff.
What are the Caps on Aurora Car Accident Damages?
There is no cap on economic damages. There is a cap on non-economic damages of $468,000 which includes disfigurement and impairment. The only way to overcome the cap on non-economic damages is through the statutory allowance for the judge to double the cap. That can happen when the injuries are egregious, such as someone in a vegetative state, or loss of a limb or body parts.
Calculating Non-Economic Damages
The non-economic damages award is translated by the jury or the trier of fact. There is a cap on non-economic damages in Colorado. Currently, the cap on non-economic for pain and suffering damages is roughly $468,000. It started at $250,000 during the tort reform and has now gone up for inflation to $468,000. That is the maximum, but not every case is worth $468,000. That is why the trier of fact makes the determination for Aurora car accident damages.
Role of Insurance Companies in Liability Cases
An attorney can send the claim to the at-fault carrier or the uninsured or underinsured motorist carrier to maximize the MedPay benefits when it is available to the plaintiff under their own policy.
The at-fault driver is responsible for paying for the property damage. However, when there is questionable liability, the plaintiff’s own insurance company may step in and cover a portion of the property damage.
Help From an Attorney in Car Accident Cases
An attorney could make sure that necessary Aurora car accident damages are accounted for including all out-of-pocket expenses, lost wages, and medical bills. To maximize the recovery, they work closely with the individual to put together a comprehensive description of their non-economic losses; their pain and suffering; and how the event affected their life.
An attorney can put the insurance company on notice and tries to determine their limits. The attorney can also try to maximize the benefits available to the plaintiff, whether that is through their own insurance or the at-fault driver’s insurance.