When it comes to a personal injury case, there are several factors that come into play for injuries, damages, and losses.
Whether it’s a slip and fall, car accident, dog bite, or any other type of case involving an injury, emotional trauma is one category of damages that a jury (or insurance company if there’s a settlement) may consider.
Similar to physical pain, emotional trauma is often an unfortunate byproduct of a personal injury case. Such trauma can lead to a number of negative consequences, including trouble sleeping, feelings of anxiety or depression, nightmares, flashbacks, and other signs of significant distress.
These emotional aftereffects can be truly life-altering, especially when combined with the potential physical pain involved.
Before we dive deeper into emotional trauma and personal injury cases, let’s look at some of the other elements that go into a personal injury case. In Colorado, there are three elements that must be proven in a personal injury case:
- Liability: The other party was at fault or acting negligent
- Causation: Injury was due to the negligence of the other party
- Damages and losses to the innocent party.
And, if the case results in a jury trial, three different components of damages would be considered:
- Economic damages: Usually medical expenses, but can include payment for essential services and loss of earnings.
- Permanent impairment: This can be awarded based on long-lasting injuries from the incident.
- Non-economic damages: More focused on pain and suffering and loss of enjoyment of life. This is where emotional trauma comes in, as non-economic damages can also include anxiety, depression, emotional distress, insomnia, and other effects of such a traumatic incident.
So, if one party is negligent, and is responsible for damages, such as the emotional trauma outlined above, the party that’s not at fault will be able to obtain compensation.
Keep in mind, though, that the state of Colorado has a cap on the overall amount of damages that can be recovered. Currently, the maximum amount for personal injury compensation is $729,790 in the Centennial State.
If you believe you’ve experienced emotional trauma from a personal injury case, you’ll want to get in touch with Law One. Our team is dedicated to assisting every one of our clients each step of the way to ensure they are fairly compensated following an injury.
Call us at (303) 831-8313 for a free consultation on your personal injury case and we’ll offer honest, helpful feedback.
