After an injury accident, the accident victim can file a personal injury lawsuit to recover damages. Damages in a personal injury claim may include both economic and non-economic damages. Economic damages are the financial costs and losses suffered by the plaintiff in a personal injury accident. Non-economic damages include damages that may be more difficult to determine but can include pain and suffering, emotional distress, and loss of enjoyment in life.
If a Lyft driver causes an accident, the driver, Lyft, and the insurance company should compensate the injury victim for all their losses. If you have questions about how you can recover economic damages in a Lyft accident lawsuit, contact your Colorado rideshare accident attorneys.
The attorneys at accidentdenver.com have represented injury victims of Lyft accidents and their families throughout Colorado. We will investigate your accident claim, deal with Lyft and the insurance company, and fight to get you the maximum compensation. Contact us today for a free consultation.
Non-Economic Damages in a Lyft Accident
After an injury accident, many people focus on the economic costs of their injuries, like medical bills and lost income. However, a serious injury accident can cause pain, emotional stress, and make life more difficult for the future. These damages should be compensated after an accident, just like economic losses.
An accident involving a Lyft driver can cause injury to the Lyft passenger, other drivers on the road, pedestrians, motorcycle riders, or cyclists. If the accident was caused by the Lyft driver's negligence, the injury victim may be able to file a personal injury claim to recover economic and non-economic damages from the driver, driver's insurance company, Lyft, and Lyft's insurance provider.
Proving Non-Economic Damages in a Lyft Accident Lawsuit
In a personal injury lawsuit, the injury victim seeks damages, which are generally determined by the jury. In determining damages, the jury can consider, “any noneconomic losses or injuries which plaintiff has had to the present time or which plaintiff will probably have in the future, including:
- Physical and mental pain and suffering,
- Emotional stress, and
- Impairment of the quality of life.
Proving these damages may include expert witness testimony, medical records, testimony of a counselor, and any other evidence which shows how the accident impacted the victim.
For example, a CU Boulder student-athlete is biking to campus. A Lyft driver is distracted by the app and hits the student, causing serious injuries and permanent knee damage. In addition to the economic costs of the accident, the student may suffer nonpecuniary losses.
- The student could have suffered serious pain immediately after the accident.
- The student could suffer chronic or lifelong pain caused by the accident.
- The student could have post-traumatic stress disorder (PTSD) because of the injury.
- The student may be limited in mobility, walking, biking, and forever have to deal with the inconvenience of a damaged knee.
- The student may no longer be able to pursue their athletics future, could be prevented from exercising, and their quality of life could suffer as a result.
Cap on Non-Economic Damages for Lyft Accidents
In Colorado, there is a cap on the maximum amount of noneconomic and derivative noneconomic damages that can be awarded. This amount is set by statute and is periodically adjusted for inflation. The most recent changes to the noneconomic damage cap impact claims accruing on or after January 1, 2020 (and before January 1, 2022). As of 2020, the caps for noneconomic loss or injury are:
- $613,760, which can be increased upon clear and convincing evidence to the maximum of $1,227,530.
Talk to your Colorado rideshare accident lawyer about your case and the non-economic losses suffered in the accident.
Denver Lyft Accident Injury Lawyers
The attorneys at accidentdenver.com have successfully represented their clients and families who were injured in car accidents with Lyft drivers. Our Colorado attorneys understand how the rideshare and insurance companies operate and will fight to get the maximum compensation available for all your losses. Contact us today for a free consultation.