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What types of compensation are available in personal injury cases?

types of compensation in a personal injury case

Whether you’re dealing with the aftermath of a car crash, a slip and fall, or any injury due to someone else’s carelessness, understanding the different types of compensation can give you a clearer view of your legal rights and potential claim value.

Keep reading for a detailed look into the different types of compensation you can pursue under Colorado law. If you were hurt in an incident that wasn’t your fault, contact our Denver personal injury attorneys and allow us to navigate your path to recovery.

Types of damages in personal injury claims

In personal injury law, compensation—often called “damages”—is categorized into several types, each designed to address different aspects of injury and loss.

Economic damages

  • Medical expenses – These cover current and future medical treatment related to your injuries. This includes emergency room visits, hospital care, surgery, medication, physical therapy, and ongoing medical treatments.
  • Lost wages – Compensation for wages lost due to time away from work while recovering. This also encompasses loss of earning capacity if your ability to earn a living has been permanently affected.
  • Property damage – Includes reimbursement for repairs or replacement of property damaged in the accident, such as your vehicle in a crash.

Non-economic damages

  • Pain and suffering – Compensates for the physical pain and emotional distress experienced due to the injury. This is subjective and varies widely depending on the specifics of the case.
  • Loss of enjoyment of life – If your injuries prevent you from enjoying day-to-day activities and hobbies you once engaged in, you may be entitled to compensation for this loss.
  • Emotional distress – Provides compensation for psychological impacts such as anxiety, depression, and other emotional and mental suffering.

Physical impairment damages

In Colorado, damages for physical impairments are treated distinctly from both economic and non-economic damages. This distinction recognizes the lasting impact of injuries that may cause permanent disability or disfigurement. 

Physical impairments include a range of conditions, from cosmetic disfigurements and organ damage to neurological impairments.

The compensation for these types of damages is calculated based on the significant and enduring changes they bring to your life. Whether these involve alterations in your ability to work, engage in daily activities, or live without ongoing pain or disability, Zara Injury Law is committed to ensuring that you receive fair compensation that reflects the true extent of your impairments.

Punitive (exemplary) damages

Unlike economic and non-economic damages, punitive damages are intended to punish the wrongdoer for particularly reckless or malicious behavior and to deter similar misconduct in the future.

Colorado law states that punitive damages can be awarded in cases where the defendant’s behavior is proven fraudulent, malicious, or willfully negligent.

Calculating your compensation

The total compensation in a personal injury case depends on the severity of the injuries, the impact on the victim’s life, and the circumstances of the incident. For example, a severe injury resulting in permanent disability will likely lead to higher compensation than a minor temporary injury. Each type of compensation requires specific evidence, such as medical records, employment documents, and personal testimony.

Is “damages” the same as “compensation”?

In personal injury law, the terms “damages” and “compensation” are closely related but are not exactly the same.

Damages refer to the monetary estimation of the harm suffered by the plaintiff due to the defendant’s wrongful actions. This can include physical injuries, emotional distress, lost wages, medical expenses, and other losses. Damages are categorized into various types, such as compensatory damages (which aim to reimburse the plaintiff for direct losses) and punitive damages (which are intended to punish particularly harmful behavior by the defendant).

Compensation, on the other hand, is the money actually awarded to the plaintiff in a personal injury case. It represents the financial payout the injured party receives due to the legal process. Essentially, compensation is the outcome of assessing damages and is intended to make the injured party whole again.

While damages constitute the assessment and valuation of loss, compensation is the payment made to cover those damages. Thus, while the terms are often used interchangeably in casual conversation, they play slightly different roles in personal injury law.

Working with Zara Injury Law

With the expertise of Zara Injury Law, you can ensure that your rights are protected and that you receive the full compensation you deserve for your injuries. If you’re dealing with the aftermath of a personal injury, call Zara Injury Law at (866) 823-8288 for legal support tailored to your specific needs.