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Liability and Damages in Personal Injury Cases

Two key terms in any personal injury case are liability and damages. If you’ve filed a personal injury claim for a negligent act, whether intentional or accidental, your lawyer will likely use these two words to frame your case. In order to hold the other party responsible for your injuries and loss, you and your personal injury attorney will need to do two things: prove that the other party is liable for your damages and establish the nature and extent of the damages you’ve sustained.


In Colorado, a personal injury plaintiff can seek compensation for damages that includes reimbursement for any related and necessary medical expenses (ambulance ride, hospitalization, surgery, rehabilitation, medication, etc.), compensation for lost wages or a diminished earning capability, and reimbursements for damaged property or goods. The state has certain caps on these damages, depending on the circumstances of your claim.

Plaintiffs can also seek compensation for non-economic damages, including emotional distress and pain and suffering. Colorado law limits non-economic damages to $250,000 in most personal injury claims; if the plaintiff can prove extraordinary distress or damage, an award cap of $500,000 may be sought.

Liability assessments confirm who can be held responsible for your injuries and damages can determine how the responsible party will make restitution. For more information on your case, contact an attorney at Levine Law, a Denver personal injury law firm, today.

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