While the process of calculating Aurora truck accident damages may seem complicated and overwhelming, know that you do not have to face it alone. A dedicated Aurora collision attorney can help to guide you through the procedure while preparing you for what to expect in court or a settlement. Read on to learn more about what goes into calculating Aurora truck accident damages, as well as the ways a determined lawyer can make a difference in your case.
Calculating Non-Economic Damages
The calculation of non-economic damages in Aurora truck accidents can be very individualized. Pain and suffering could range from $10 a day to $100 a day. Usually pain and suffering is worth as much as the medical bills, so if one has $10,000 in medical bills, the pain and suffering could be worth $10,000 as well.
Punitive damages are used to punish the driver at fault for willful and wanton conduct. A jury ultimately determines how much to award. While there is no cap on punitive damages, a judge may reduce their award. Unlike economic and non-economic damages, punitive damages are decided by a jury and used to punish the driver for their bad behavior in an attempt to prevent others from copying their actions.
Damage Caps in Aurora Accidents
There are no caps on economic losses, so there is no cap on medical bills or wage losses. If one has $1 million in medical bills, they have a right to recover that $1 million. There is a cap on pain and suffering, or non-economic damages, and that started off at $250,000 when the statute was enacted and has been adjusted for inflation to currently stand at $468,000. Compensation for damages due to disfigurement and impairment are determined by a jury.
Damage caps exist because Colorado is a tort reform state. This came about due to a belief that lawsuits could mean an increase in health insurance premiums, but there has been no correlation found between the two. Colorado is very conservative in that aspect. While this practice varies by state, Colorado is a state currently under tort reform.
Circumventing Damage Caps
While there is a way to double the cap if the injuries are so severe as to warrant an award of non-economic damages in excess of the cap, an attorney must ask a judge to make that determination. In this situation, the judge would ultimately have to make a determination that the damages are so great that they would exceed the normal statutory cap.
Role of an Attorney in Calculating Aurora Truck Accident Damages
Attorneys act as a facilitator in settlement negotiations. They are the liaison between the insurance company and the plaintiff. They are also a liaison between the medical providers and the plaintiff’s own insurance, whether that be health insurance or auto insurance. They negotiate property damage, make sure that the plaintiff receives a rental car, and ensure that their lost earnings are reflected on the property damage side.
There are very specific elements that attorneys want to target when recovering damages after a truck accident, because these cases involve employee-employer relationships. Attorneys will take steps to bring in the employer and find out early on what they knew about the trucker and what kind of experience or education they had. They also want to know what sort of training procedures and policies are in place to help establish liability.
If you have been seriously injured due to the negligence of a truck driver and require legal assistance in calculating your Aurora truck accident damages, reach out to a professional attorney today to gain an aggressive advocate for your compensation.