Will I Have Out-Of-Pocket Expenses In My Denver Personal Injury Case?
- Out-of-pocket expenses are random purchases forced on you by your injury and can be recovered as part of your economic damages if you save receipts.
- Common examples include over-the-counter medications, travel costs to appointments, home modifications, and hotel and meal expenses.
- Colorado personal injury cases also allow recovery for medical bills, lost wages, property damage, and non-economic damages such as pain and suffering.
A personal injury can cost you more than just the damages you can try to recoup from the liable parties. Your injury can be life-threatening, force you to make unwanted changes, and even drain your finances in recovery costs. That is why it is so important that you take the proper steps to protect yourself in the event of a personal injury situation. One question you may not have considered is: Will I have out-of-pocket expenses in my Denver personal injury case?
Out-of-Pocket Expenses in Personal Injury Cases
Regrettably, being involved in a bad accident and suffering a personal injury can result in sudden life changes that you likely have not prepared for.
Personal injuries can result in multiple expenses, many of which you can attempt to be compensated for as part of your case. One such expense is out-of-pocket expenses, which are random purchases you have been forced to make as a result of your accident. They do not fall under any other category, like medical expenses or lost wages.
Out-of-pocket expenses are largely inconsequential in the short term but can add up to quite a bit in the long run. It is vital that you keep all receipts of anything you have had to buy as a direct result of your injuries. You may be able to recover out-of-pocket expenses, but only the ones you will be able to prove with evidence of those purchases. Here are some examples of out-of-pocket expenses you may have to make during the duration of your case:
- Over-the-Counter Medications: If your accident resulted in serious injury, you may be prescribed medication by your doctor. However, you may also need to buy over-the-counter medications like pain relievers and medical materials like bandages. These may not technically count as a part of your medical expenses, as they are materials you can get in any grocery or drug store.
- Travel Fees: Traveling is an important part of a personal injury case that many people forget about. You have to drive to and from lawyers offices, courthouses, doctors offices, and other places. You have to pay for gas for those trips, as well as parking fees in some cases. This can add up to a significant sum that you can try and recoup when the time comes.
- Home Modifications: Some personal injuries can result in permanent physical conditions. In those cases, it may be necessary to remodel your home or vehicle in order to accommodate your new normal. Making your home wheelchair accessible by adding a ramp can be a significant expense.
- Hotel and Meal Costs: In addition to traveling costs, it may often be necessary to pay for a hotel for the night, as well as meals on the road. After all, you may have to travel overnight as a result of your case. It is vital that you save these receipts.
In addition to out-of-pocket expenses, you can also pursue compensation for medical bills, loss of income, loss of future earning capacity, and property damage, among other costs. You can also be compensated for non-economic damages, such as pain and suffering. Learn more about the full range of recoverable damages on our personal injury practice area page.
If your injuries were caused by someone else's negligence, our Denver personal injury lawyers can help you identify and document every expense so nothing is left on the table.
Frequently Asked Questions
What is the statute of limitations on a personal injury claim in Colorado?
The statute of limitations on a personal injury claim in Colorado is two years for standard non-vehicle cases (C.R.S. 13-80-102(1)(a)) and three years for any case involving a motor vehicle accident (C.R.S. 13-80-101(1)(n)). For non-vehicle-related cases, you will have two years to begin filing a personal injury claim and start pursuing compensatory damages from the liable party. If you fail to file within that window, your case may be barred. Contact an attorney early to confirm the exact deadline that applies to your situation.
Can I sue for out-of-pocket expenses in Colorado?
Yes, you can sue for out-of-pocket expenses in Colorado. Out-of-pocket expenses count as part of your total economic damages alongside medical bills, lost wages, property damage, and other damages you can put a dollar amount on fairly easily. When you try to total the amount you may have spent in out-of-pocket expenses as a result of your injury, it is important that you save any relevant receipts. You may only be able to recoup damages for expenses you can prove.
What happens if I am partially at fault?
If you are found to be at least partially at fault, the consequences can vary depending on the circumstances of the case and how at fault you truly were. Under Colorado's modified comparative negligence system, the amount you could claim in compensation decreases by the percentage that you are considered to be at fault. If you are found to be 50 percent or more at fault, you are barred from recovering compensation entirely. It depends on the facts of the case, so early legal review matters.
What is considered negligence in Colorado?
In Colorado, negligence is considered to be any case in which a person expected to provide a reasonable level of care fails to do so, instead acting in a way that harms another person. Negligence can be accidental, intentional, or neglectful, but the end result is often another person's injury or even death in the most extreme cases. If someone has acted negligently toward you, and you were hurt as a result, you may be able to pursue a case.
Reach Out to an Experienced Personal Injury Lawyer Today
It is important to always remember how much you are spending as a result of your injury. If you keep a written record with receipts to back up your claim, you may be able to recoup all of it in damages if you pursue a personal injury case against the person who injured you. In any event, it is vital that you retain the services of an experienced personal injury lawyer who can help you stay vigilant with your out-of-pocket expenses.
The legal team at Cheney Galluzzi & Howard understands what you are going through and can offer you legal guidance throughout this trying time. We can help you determine which damages you can pursue compensation for. Our experienced attorneys can help you build a solid case. Reach out to schedule a consultation as soon as you can.
If you were hurt in a car accident, our car accident injury page covers the full scope of damages available in Colorado. For cases involving serious injuries, visit our brain injury and burn injury pages to understand how economic and non-economic damages are evaluated.
This article is general information for Colorado injury readers. It is not legal advice, does not create an attorney-client relationship, and does not promise that any deadline, rule, or damage category applies to your case. Statute-of-limitations, negligence, comparative fault, and damages questions require case-specific legal review.
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