Personal injury damages include the following: lost earnings, lost earning capacity in the future, past medical expenses, future medical expenses, along with non-economic damages for pain, suffering, emotional distress, impairment/disability and disfigurement/scarring. In the event that a health insurance company or governmental agency has paid an injured person’s medical expenses, they may claim reimbursement or subrogation from any award.
- Steve Wahlberg
Colorado allows non-economic damages for pain, suffering and emotional distress and a completely separate category for impairment – what is the difference? Impairment could be described as the “Can’t Do’s” or the “Don’t Do’s”. People who used to enjoy golfing, bowling, skiing, bike riding, hiking and other recreational activities but are no longer able to as the result of an accident are said to be suffering impairment. An injured person is entitled to a separate award for their impairment or disability. Pain and suffering is the natural consequence of an injury and can be projected over the life of an injured party when there are permanent injuries. Juries are asked to consider an award for pain and suffering, emotional distress and disability/impairment in every case involving a serious personal injury.
- Steve Wahlberg