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What Are Punitive Damages in a Denver Personal Injury Case?

By Kevin Cheney, Managing Partner, CGH Injury Lawyers

What Are Punitive Damages in a Denver Personal Injury Case?
  • Punitive damages are separate from compensatory damages and are awarded to punish a defendant for willful, malicious, or reckless conduct.
  • Under Colorado law (C.R.S. 13-21-102), a jury may not award punitive damages exceeding the total amount of actual damages awarded.
  • Not every personal injury case results in punitive damages. The conduct must rise to fraud, malice, or reckless disregard for the safety of others.

Personal injury cases can be frustrating to go through, especially if you have opted not to retain legal counsel and are trying to handle it on your own. It is highly recommended that you consult with an experienced lawyer when handling any kind of legal action, including a personal injury. They can help you pursue damages, including punitive damages in certain cases.

CGH Injury Lawyers has represented injured Coloradans since 2016 from one Denver office at 2701 Lawrence Street. Kevin Cheney is Managing Partner, a member of the American Board of Trial Advocates, and Treasurer of the Colorado Trial Lawyers Association.

Understanding Compensatory and Punitive Damages

In a personal injury case, you can pursue compensatory damages for many different degrees of damages. Medical expenses, lost wages, mental health counseling, pain and suffering, emotional distress, and various personal losses are all factors that could influence your settlement amount. However, punitive damages are different.

Punitive Damages in a Denver Personal Injury Case

In the event that you win your case and a jury awards you a certain amount in compensatory damages, they could decide to award you punitive damages. Punitive damages are an additional compensatory award that is not intended to help the victim but to punish the defendant for their outrageous and improper conduct. When a jury decides to give punitive damages, it is intended to act as a deterrent against others who may want to engage in similar conduct.

Colorado allows punitive damages when the plaintiff is injured by the defendant due to willful misconduct that was intended to hurt the plaintiff. Under Colorado state law, the amount that a jury may award in punitive damages may not exceed the total amount given in actual damages. Here are several types of cases where punitive damages are considered appropriate:

  • Fraud: When the defendant intentionally misrepresents themselves or falsely represents important facts of a situation with the hope that you will act on that information, it is considered fraud. There are many different types of fraud that can result in a jury awarding punitive damages to the plaintiff, such as:
    • Financial fraud
    • Identity theft
    • Mail fraud
    • Healthcare fraud
  • Malice: When the defendant acts out of malice, it means that they are acting with evil intent. They wanted to hurt the plaintiff, so they took action. Your personal injury was deliberately caused by someone who wanted to cause you harm or even possibly kill you. The difference between negligence and malice is intent. If you accidentally knocked someone over and they broke their leg, that could be seen as negligence. If you walked up to them and intentionally attacked them with a deadly weapon, that could be considered an act of malice.
  • Reckless Conduct: Sometimes, the defendant’s actions may not be intentionally harmful, but their disregard for the safety of others has led them to this point. Not caring about how your actions can hurt other people can be even deadlier than malice or fraud, as it speaks to how little the defendant may care for anyone other than themselves. While reckless conduct may not be intentional, it can still be wildly dangerous.

If you believe your case may involve any of these categories, talking to a Denver personal injury attorney early gives you the best chance to document the evidence needed to support a punitive damages claim. Read more about what CGH handles on the practice areas overview.

Frequently Asked Questions

What are punitive damages in Colorado?

Punitive damages in Colorado are an extra amount awarded by the jury with the intention of punishing the defendant for egregious misconduct. They may be awarded when the defendant’s actions were fraudulent, malicious, or downright reckless. The amount awarded in punitive damages may not exceed the amount awarded in actual damages to the plaintiff (C.R.S. 13-21-102). Not every personal injury case will result in punitive damages.

What is an example of punitive damages?

A case that might result in punitive damages: a bad car accident caused by severe road rage. The plaintiff cut off a driver while merging onto the highway. The offended driver then chased down the plaintiff, ran them off the road, and pulled the driver out of their car. The defendant beat the plaintiff before the police arrived. When the plaintiff sues for compensation, they may be awarded punitive damages for the defendant’s malicious behavior.

How are punitive damages calculated in Colorado?

There is no set formula for how punitive damages are calculated in Colorado. The amount is entirely dependent on the discretion of the court, the details of the case, the severity of the plaintiff’s injuries, the defendant’s behavior, and how much the jury awards in actual damages. The amount in punitive damages cannot exceed that amount under Colorado state law (C.R.S. 13-21-102).

What is the difference between punitive damages and pain and suffering?

The main difference between punitive damages and pain and suffering is why the plaintiff is being compensated. Pain and suffering damages are given to assist the plaintiff in the healing process and to hold the defendant accountable for causing undue stress and emotional suffering. Punitive damages are not intended to compensate the victim for anything. They exist to punish the defendant for poor conduct and to discourage others from engaging in similar behavior.

Reach Out to an Experienced Personal Injury Lawyer Today

When you are dealing with a personal injury, you will want someone by your side who can provide you with reliable advice and represent your interests. The legal team at Cheney Galluzzi & Howard can ensure that your case is well taken care of by helping you develop a strategy, gathering the necessary evidence that supports your claim, and advocating on your behalf against any insurance companies and opposing counsel.

It is vital that you develop a strong case that tells your side of the story and proves you are in the right. If the defendant took harmful actions against you on purpose, there is a decent chance that you may be awarded punitive damages in an attempt to underscore the defendant’s actions as unacceptable behavior. After all, if your case leads to the defendant choosing not to engage in similar behavior in the future, that could be its own victory.

Cases involving willful misconduct, fraud, or reckless disregard for safety often require early evidence preservation. The sooner you contact CGH, the better positioned your case will be. Learn more about how CGH approaches car accident claims and catastrophic injury cases where punitive damages are most often at issue.

Reach out to schedule a consultation as soon as you can.

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 outcome applies to your case. Statute-of-limitations, comparative negligence, insurance, and compensation questions require case-specific legal review.

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