Author: Jim Gigax

Damages

Damages Injured in a Colorado auto accident  or in Wyoming?  Juries have wide discretion in awarding an amount of money to make up for what happened.  “[A] jury’s verdict will not be disturbed if there is any support for it in the record.”   Blood v. Qwest Services Corp., 224 P.3d 301, 325 (Colo. App. 2009), aff’d  252 […]

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Uninsured and Underinsured Coverage

With uninsured (UM) and underinsured (UIM) coverage, it is absence or insufficiency of liability coverage that triggers first-party coverage under whatever policy is available to tort victim. C.R.S. §10-4-609, Since 1983, uninsured motorist (UM) coverage in Colorado has included underinsured coverage. C.R.S. §10-4-609(4). Determining fact of insurance in auto accident claims is no longer enough. […]

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Mental Pain and Suffering

Except for medical malpractice, noneconomic loss (such as pain, suffering and emotional distress) cannot exceed sum of $468,010 (claims accruing after January 1, 2008), unless court finds clear and convincing evidence that greater amount is justified. C.R.S. §13-21-102.5(3)(a). However, under no circumstances may noneconomic loss damages exceed $936,030 (Amounts adjusted for inflation annually and certified […]

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