Chalat Hatten & Koupal PC is a Colorado personal injury law firm dedicated to securing maximum compensation for victims of truck accidents, bus accidents, and other auto accidents and personal injuries. Our firm represents clients statewide who have been seriously injured due to the actions of others. We work hard to obtain full damages to cover economic and non-economic losses.
If you or a loved one has been injured in a trucking accident, contact the attorneys of Chalat Hatten & Koupal PC for a free consultation and evaluation of your claim. We are knowledgeable about all aspects of Colorado law pertaining to damages that victims can collect, as well as federal law relating to trucking regulations and the common causes of truck accidents.
Caps on Damages
The harm caused by a personal injury is called "damages" - the damage done by the accident or conduct. Damages are often categorized as either economic (such as lost wages or medical expense) or non-economic (i.e., pain and suffering damages). The non-economic damages, such as physical and mental pain, and loss of enjoyment of life, cannot be proved with any clear specificity, but are awarded based on the fact that they normally follow from an accident or injury. They are also referred to as "non-pecuniary," meaning not consisting of or measured in money.
Many states, including Colorado, have recently adopted laws which limit the amount victims in personal injury lawsuits may collect. These limits are called "caps on damages" or simply "caps" because they cap the amount of money which may be awarded. For different circumstances, different caps may apply. Most frequently, these caps apply to the non-economic damages, the "pain and suffering" damages. The damages caps commonly encountered when pursuing a claim arising from a Colorado truck accident are discussed below.
Wrongful Death Non-economic Loss
A wrongful death claim arises when the bad conduct of a party causes the death of another. Colorado has placed caps on the non-pecuniary damages incurred in a wrongful death case. The statutory limitation includes compensation for grief, loss of companionship, pain and suffering, and emotional stress. The caps for all claimants, for all of these elements of a wrongful death case - except in the case of a "felonious killing" - is $341,250.00. This figure includes all adjustments for inflation pursuant to C.R.S. 13-21-203(1).
Separate damage caps apply in wrongful death cases of medical malpractice, or cases against Colorado state or local governmental agencies, municipalities, cities, or other subdivisions of government.
Personal Injury Not Resulting in Death
Generally, a person seriously injured in a trucking accident may claim, without limitation by caps, all of their economic damages and compensation for any disfigurement or physical impairment. However, claims for pain and suffering, inconvenience, emotional stress, and impairment of the quality of life are capped by law at $366,250. Colorado Revised Statutes, §13-21-102.5. In certain special cases where the court finds justification by clear and convincing evidence for the jury award, the court may approve an award for these non-economic losses above the $366,250 cap, but never to exceed $732,500.00.
In cases where more than one wrong-doer is responsible, the non-economic damages cap applies to each award, rather than to each action; in this way, jury's apportionment of fault percentages is retained while at the same time any award in excess of the statutory cap is limited. Niemet v. General Elec. Co., 843 P.2d 87 (Colo. App.1992) certiorari granted, affirmed 866 P.2d 1361.
Exemplary Damages (Punitive Damages)
Contrary to popular myth, punitive damages, also known as "exemplary" damages, are not routinely awarded, and not collected in dramatically huge amounts. In Colorado, to collect exemplary damages one must prove "fraud, malice, or willful and wanton conduct." And then, "the award for exemplary damages cannot exceed the amount of the actual damages awarded to the injured party." C.R.S. § 13-21-102
However, misconduct by a trucking company - such as ignoring federal or state requirements for driver rest periods or scheduled maintenance inspections -may provide grounds for such a claim. An employer's ignoring of one of its drivers' repeated traffic offenses may also provide a basis.
Before a plaintiff may seek exemplary damages, a lawsuit must be filed and discovery about the incident pursued to establish a basis for the claim. Typically, awards of exemplary damages are not covered by a driver's insurance policy and in a trucking accident case the wrongful conduct needs to be attributed to a large company, not simply the driver, in order for the claim to be viable. This conduct is often only apparent after careful investigative work by your attorney, one more reason why you need an experienced truck accident lawyer to represent you.
For further information about your truck accident, bus accident, or other injury claim, contact the Colorado personal injury lawyers of Chalat Hatten & Koupal PC We offer more than 20 years of experience and success in settlement and litigation in truck accident cases. We offer a free consultation and represent clients throughout Colorado on a contingency fee basis - no recovery, no attorneys' fees.
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