Beyond compensating your losses, Colorado law sometimes allows damages meant to punish especially reckless conduct.
What Punitive Damages Are
Called exemplary damages in Colorado, these are awarded on top of compensatory damages to punish and deter conduct that involves fraud, malice, or willful and wanton disregard for others' safety.
Common Examples
Drunk driving is a classic example, because choosing to drive impaired reflects conscious disregard for others. Colorado's dram shop law, which can hold a vendor liable for serving a visibly intoxicated person or a minor may also come into play.
Colorado's Limits
Colorado caps exemplary damages, generally at an amount equal to the compensatory damages, though courts have discretion to adjust this in certain cases. They also can't be requested at the outset — the claim is added later, after evidence supports it.
Why They Matter
The possibility of exemplary damages can significantly increase a defendant's exposure and motivate a fair settlement.
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This article is for general informational purposes only and is not legal advice. For guidance on your specific situation, consult a licensed Colorado attorney.