The term “tort reform” refers to limitations or caps on damages in personal injury cases, most notably on general damage awards (in the discretion of the judge or jury based upon the evidence at trial) for subjective items like present, past and future pain and suffering, loss of enjoyment of life, embarrassment, humiliation, and disability. Historically, the law allowed judges and juries to apply their collective wisdom in awarding amounts that they deemed appropriate and adequate for such damages based upon the facts of a given case, in the event of an award in favor of the injured party. Generally speaking, insurance companies and big business have been backing legislation to limit awards and take discretion away from the judge or jury in larger cases, such as the brain or spinal injury cases handled by Avery Law Firm.
Tort Reform in Colorado
Tort reform began in Colorado in the early 1980’s, just shortly after Jim Avery graduated from the University of Denver College of Law, and while he was working with the noted personal injury law firm Hansen & Breit, P.C. As such, Avery was on the forefront of lawyers who have worked to limit the impact of tort reform in serious injury cases, such as brain and spinal cord injury. The techniques used at Avery Law Firm to limit the impact of caps and limitations on damages, and maximize the value of your case, is an example of the creative lawyering that Jim Avery is known for, and perhaps why he is acknowledged as a Super Lawyer, Top 100 Trial Lawyer and Newsweek “National Top Lawyer.”
Damages Caps in Colorado
Examples of damages caps or limitations in Colorado include:
- $250,000 for pain and suffering, within the Health Care Availability Act.
To determine if your claim or case is governed by damages caps or limitations, contact Avery Law Firm today at 303-840-2222 or complete the contact form on the home page of this website.