Car accidents and other personal injury incidents can leave victims facing overwhelming medical bills, lost income, and pain and suffering. In most Colorado personal injury cases, accident victims can recover compensation for these losses in the form of economic damages (financial losses) and non-economic damages (personal losses).
In certain extreme cases, courts can go further and award punitive damages. These damages do not reimburse the victim for any losses. Rather, they punish the defendant for extreme misconduct and deter similar behavior in the future.
What Are Punitive Damages?
Punitive damages, also known as “exemplary damages,” are awarded when a defendant’s actions go beyond ordinary negligence. Most personal injury cases do not qualify for punitive damages. Colorado courts reserve them for situations where the defendant’s conduct was especially harmful, willful, or malicious.
Standard for Punitive Damages in Colorado
Colorado law (C.R.S. § 13-21-102) sets a high bar for awarding punitive damages. The injured party must present clear and convincing evidence that the defendant’s actions involved:
- Fraud
- Malice
- Willful and wanton conduct (acting with reckless disregard for the safety and rights of others)
“Willful and wanton conduct” refers to a conscious decision to engage in dangerous actions despite knowing the risks.
Examples of When Punitive Damages May Apply
Punitive damages are rare, but Colorado courts may award them in car accident and personal injury cases involving extreme misconduct.
Examples include:
- Driving under the influence (DUI)
- Street racing or extreme speeding
- Physically assaulting a victim
- Gross negligence
These cases involve conduct so egregious that a court may see punitive damages as appropriate.
Understanding Punitive Damages in Colorado
Procedural Steps for Seeking Punitive Damages in Colorado
Colorado has a unique process for pursuing punitive damages. Initially, a personal injury lawsuit cannot include a claim for punitive damages. Instead, the plaintiff must first gather enough evidence through the discovery process to justify a demand for punitive damages.
If the evidence suggests that the defendant’s conduct meets the legal standard, the plaintiff can then file a motion to amend the complaint and request punitive damages. The judge must approve this request before it can go before a jury.
Are There Limits on Punitive Damages in Colorado?
Colorado law caps punitive damages to prevent excessive awards. In most cases, punitive damages cannot exceed the amount of compensatory damages awarded.
For example, if you are awarded $200,000 in compensatory damages, the maximum punitive damages you could receive would generally be $200,000.
However, the court can increase punitive damages to as much as three times the amount of compensatory damages if it finds that the defendant continued the willful and wanton behavior during the lawsuit or tried to conceal their misconduct.
Contact a Colorado Personal Injury Lawyer for Help Seeking Punitive Damages
Punitive damages in Colorado are only available in the most serious personal injury cases. While they are not intended to replace your losses, they hold wrongdoers accountable and deter dangerous conduct in the future.
If you believe the party responsible for your injury acted with extreme recklessness or engaged in intentional misconduct, you should discuss your case with an experienced Littleton personal injury lawyer. Legal Help in Colorado can evaluate whether your case qualifies for punitive damages, gather the evidence needed to support your claim, and navigate the procedural steps required under Colorado law. Contact us today to schedule a free consultation to learn more.