After sustaining a personal injury in an accident, you may find yourself wondering what the average personal injury settlement amounts in Colorado are. While finding an average is often difficult due to how different every personal injury case is, there are still a variety of factors that can help you better understand what you can expect from your Colorado personal injury claim.
The most influential factor in a personal injury settlement amount is the severity of the injuries that occurred. For example, the average amount for soft tissue injuries is going to be quite different from cases with complex organ injuries. In Colorado, the average value of a personal injury settlement totals the amount of economic damages suffered by the victim, in addition to half that amount.
If you’re looking to file a personal injury claim in Colorado, you can expect the following factors to impact the value of your settlement:
Severity of Injuries: The severity of your injury is one of the most important details of your claim. If the injury is expected to heal quickly and allow an individual to return to their pre-accident status, the settlement amount may not be as high as when someone has long-term effects that are not anticipated. In the case of severe injuries that impact the rest of an individual’s life, settlement amounts will likely be much higher.
Pain and Suffering: In many incidents, individuals suffer injuries that are not tangible or as easily noticed as a physical injury. This is referred to as pain and suffering. Pain and suffering encompasses the loss of enjoyment in daily life, psychological conditions, emotional trauma, and more. If an individual can prove the negative impact of their suffering has had on their life, they can be awarded damages.
Economic Damages: If an individual has suffered a loss of their personal property, they can seek compensation in the form of economic damages. Any expenses spanning from surgical costs, doctor visits, prescriptions, therapy, gas money for doctor appointments, time off of work, lost jobs, and more will be taken into consideration. Any property damage will be considered as well.
Insurance Plans: Insurance companies play a large role in how much an individual receives in a settlement. The insurance coverage of an at-fault party is the most common source of recovery funds. In the case that an individual does not hold current insurance, they may not have the needed resources to pay the compensation ordered.
Liability: In personal injury cases, proving fault is a necessity in order to determine where the settlement is coming from. As mentioned above, a lot hinges on the at-fault individual when it comes to payments. It is generally the at-fault insurer who navigates negotiations for settlement amounts. An at-fault individual may be reluctant to pay for an entire settlement amount if there is evidence that you contributed to your injuries.
Eventually, the outcome of a personal injury claim will depend on the negotiations between the injured individual and the at-fault party’s representation or insurer. If they are unable to compromise, the case may then have to go to trial. Both parties generally hope to avoid a trial, and often, the at-fault individual will try to reach satisfactory negotiation results before allowing a trial to occur. If a personal injury issue reaches trial, the court will decide the outcome.
If you’re looking to take legal action after a personal injury in Colorado, working with a skilled personal injury attorney is fundamental. We can work to protect your interests, negotiate on your behalf, and fight for the most optimal outcome in your situation.
Colorado holds a cap on the amount of non-economic damages individuals may recover from a singular incident or claim. Pain and suffering fall under the category of non-economic damages. The cap in civil claims is around $500,000, and most settlements will not exceed this amount in pain and suffering damages. There are unique cases where individuals will be granted more than $500,000 in pain and suffering, but this is rare.
The compensation of each personal injury claim is determined by the unique factors that impact that case, mainly factoring in the amount of damages caused. This makes it challenging to estimate an average amount for compensation, even if two personal injury claims seem similar to each other. In the past eight years, the average personal injury settlement amount is close to $70,000 to $80,000. However, individuals should not view this amount as a marker for their own case.
In Colorado, the statute of limitations, or deadline by which an individual can file a claim, is two years from the date that an injury occurred or was discovered. In the case of an automobile accident, Colorado law extends the statute of limitations to three years. If you find yourself approaching this deadline, it is recommended that you seek legal support as soon as possible to ensure you can fight for damages.
Individuals should consider all monetary and non-monetary losses when determining what amount to pursue in a settlement. It is a good rule to generally ask for more than you think you need, as negotiations will take place, and both parties will likely have to compromise. A personal injury attorney can assess all of your losses to help determine a fair amount to pursue with your claim.
The attorneys at Cheney Galluzzi & Howard understand that the aftermath of a personal injury can be tumultuous. Allow our team to step in and provide you with legal support to help you pursue compensation. No matter how serious your injury may be, you deserve to fight for compensation that helps you recover in peace.
Contact the personal injury attorneys at Cheney Galluzzi & Howard today for your Colorado personal injury inquiries.
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