Every injury claim ends up as a list of losses. Some are easy to prove with a stack of bills. Others, often the larger part, depend on how well you can show what the injury took away. Here is how the categories are generally understood in Colorado.
Economic damages: losses with a paper trail
Economic damages are the losses you can document with numbers. They usually include:
| Category | Examples | Usual proof |
|---|---|---|
| Past medical expenses | ER, imaging, surgery, therapy, prescriptions | Itemized bills and records from each provider |
| Future medical expenses | Ongoing therapy, later surgery, equipment | Provider or expert opinion with costs |
| Lost wages | Missed shifts, used sick leave or PTO | Employer letter, pay stubs, tax returns |
| Lost earning capacity | Reduced ability to work in the future | Vocational and economic opinions |
| Out-of-pocket costs | Mileage, parking, help at home, braces | Receipts and a simple log |
| Property damage | Vehicle, bike, phone, clothing | Estimates, receipts, photos |
Non-economic damages: what the injury took away
Non-economic damages compensate for harm that has no invoice: physical pain, emotional distress, inconvenience, and loss of enjoyment of life. A person who cannot run, lift a grandchild, sleep through the night or sit through a workday has lost something real, but proving it takes more than a statement that it hurts.
The strongest proof is usually consistent and specific: treatment notes that record pain levels and limits, a short daily journal, and people who can describe the before and after, such as coworkers, teammates or family. Colorado caps non-economic damages in many cases under C.R.S. 13-21-102.5. The caps were raised by the legislature in 2024 for claims arising after a specified date and adjust over time; ask a lawyer which limit applies to your claim.
Physical impairment and disfigurement
Colorado recognizes physical impairment and disfigurement as a separate category in many cases. Scarring from a dog bite or surgery, or a permanent limit on movement, may fall here. Photographs over time, and medical opinions about permanence, are the usual proof.
Exemplary (punitive) damages are rare
Colorado calls punitive damages "exemplary damages," governed by C.R.S. 13-21-102. They are meant to punish conduct such as willful and wanton behavior, not to compensate. They are uncommon, generally cannot be requested at the start of a lawsuit without a court's permission, and have their own limits. Drunk-driving crashes are one setting where they sometimes come up.
What reduces the number
Several things can reduce what is actually recovered, and an offer that looks fair on paper may be less after them:
- Your share of fault: Under comparative negligence, an award is reduced by your percentage. See the fault and deadlines guide.
- Policy limits: If the at-fault party has little insurance and few assets, collecting more than the limits can be hard. Your own UIM coverage may help.
- Liens: Health plans, Medicare, Medicaid and providers may need to be repaid from the recovery.
- Fees and costs: If you hire a lawyer, the fee and case costs come from the recovery as set out in your agreement. See how contingency fees work.
- Gaps in treatment: Breaks in care are used to argue the injury healed or came from something else.
- your doctor recommends future treatment
- ask them to put it in your chart with the reason and an estimate; unrecorded future care is easy to dismiss.
- you are self-employed
- gather tax returns, invoices and bank records from before and after the injury to show lost income.
- your injury left scarring
- photograph it in consistent light every few weeks; healing changes it.
Track every cost, keep treatment consistent, and document what daily life looks like now compared with before. Then account for fault, limits, liens and fees before judging any offer.
