Calculating Denver Pedestrian Accident Damages
A lengthy process goes into calculating Denver pedestrian accident damages, often involving third-party professionals such as doctors and economists to help estimate the full cost of a collision. There are three types of damages that an individual can collect injury compensation for after a pedestrian accident. These include economic, noneconomic, and punitive damages. Read on to learn more about what goes into calculating Denver pedestrian accident damages, as well as the ways a professional injury attorney could work to maximize your compensation package today.
Calculating Economic and Noneconomic Losses
Economic damages are calculated using proof of the accident, such as one’s medical bills or amount of wage loss. The burden is upon the plaintiff to prove those numbers by providing documentation, testimony from third-party professional witnesses, and any mathematical formulas that were used. Because there is no official legal calculation for determining one’s noneconomic damages, an individual can either try to come to an agreement with the other party for it or leave it up to a jury or judge to decide.
A dedicated injury attorney experienced in calculating Denver pedestrian accident damages can look at recent jury verdict reports from Colorado courts to find what amounts that juries are returning for noneconomic damages for cases with similar injuries. After presenting one’s methods of calculating their damages, the judge or jury ultimately decides what is awarded to the plaintiff.
Permanent Physical Impairment
Injuries such as broken bones can lead to permanent physical impairment. Along with the recovery process comes the loss of enjoyment of life. The plaintiff could experience a permanent loss of earning capacity. The situation depends on the severity and how well the broken bone heals, if at all. But, ultimately, someone will incur a lot of damages if they are dealing with broken bones.
This is because they are paying for medical treatment, they are usually out of work, they might have to get surgery, they may lose their job, and they may not be able to do a lot of their daily activities. In this way, a permanent physical impairment can be very impactful in someone’s life.
What are Punitive Damages?
In most cases, Colorado law does allow a jury to award damages to punish defendants for outrageous conduct in the form of punitive damages. That award is intended to punish the defendant for their conduct in the hopes that they will not act so egregiously in the future. Punitive damages are calculated on a one-for-one basis, meaning that whatever a jury may award for punitive damages, that amount is going to be reduced post-verdict to match a plaintiff’s actual damages.
For example, if a jury decides that a plaintiff’s economic and noneconomic damages amount to $100,000 but they award $500,000 in punitive damages, the punitive award is going to be reduced down to $100,000 to match their other damages.
The Role of a Qualified Injury Attorney
The statute of limitations following Denver pedestrian accidents is three years. This means that a plaintiff cannot bring a case if they do not file their claim within three years from the date of their accident’s occurrence. While this may seem like a sizeable amount of time, waiting too long can seriously harm one’s case as evidence can disappear and witnesses can move away.
This makes calculating Denver pedestrian accident damages a very difficult task. If you wish to fight for compensation following your accident, do not hesitate to reach out to an attorney experienced in calculating Denver pedestrian accident damages as soon as possible for your initial consultation.