Posted in Personal Injury on April 29, 2016
After you get hurt in an accident, it is very common to experience significant stress and anxiety in relation to your condition.
For example, if a professional athlete sustains a traumatic brain injury (TBI) on the field and can no longer play sports, she or he might slip into what feels like a state of depression. Or perhaps you hurt your neck in a car crash and simply cannot do your job, which involves heavy lifting.
Being unable to work—and dealing with lost wages on top of it—can be an extremely frustrating experience.
At Zaner Harden Law, we understand how difficult it can be to sustain a serious personal injury that prevents you from working and ultimately results in the additional emotional or psychological harms.
If you do begin experiencing emotional or psychological symptoms as a result of your injury and your inability to work, can you recover damages? In short, it is possible to recover damages for depression caused by a serious injury, and these damages typically are defined as “emotional distress” damages.
To better understand how your own case might fit in, we should discuss this type of damages in more detail.
Damages for emotional distress or emotional stress—or the depression and anxiety that results from an injury—are a form of non-economic damages. Under Colorado law, there is a cap on non-economic damages in personal injury cases.
This means that a jury can only award up to a certain amount for emotional stress. However, plaintiffs certainly can be compensated for the stress, anxiety, and other psychological impacts of an injury.
What are non-economic damages? To understand this type of damage award, it is important to understand certain distinctions in compensatory damages.
Compensatory damages are intended to compensate a person who has been injured. Compensatory damages typically are divided into two separate categories: economic damages and non-economic damages.
While the definitions of these terms might not be readily apparent, they are actually relatively easy to understand:
If you have questions about the kinds of damages for which you may be eligible, it is important to discuss your case with an experienced Denver personal injury lawyer. An advocate at Zaner Harden Law can answer your questions today. Contact us for more information.