Principle Attorney
After a major accident, the physical injuries are often apparent — broken bones, bruises, and hospital bills. But what about the pain no one sees? The fear you carry while driving again. The nightmares. The sudden waves of anxiety that hit when you least expect them. These experiences are real. And in Colorado, they’re something the law doesn’t ignore.
If you’ve been through a traumatic accident in Denver, you may be entitled to recover damages for emotional trauma, not just your physical injuries. Let’s break down what that means, how it works, and how a personal injury attorney can help make sure your emotional distress is taken seriously.
What Is Emotional Trauma in a Personal Injury Case?
Emotional trauma can take many forms, and it doesn’t always show up right away. It might be sleepless nights, a racing heart when you hear a siren, or panic attacks when you try to return to your regular routine. For some, it’s a formal diagnosis like PTSD or anxiety. For others, it’s simply the daily weight of fear and frustration.
Under Colorado law, these injuries are considered non-economic damages. That means they aren’t tied to a specific bill or receipt, but they still matter. You can seek compensation for things like:
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Loss of companionship or relationships (in some cases)
When Emotional Trauma Is Legally Actionable
You don’t need to be visibly injured to feel the effects of an accident. But in most cases, emotional trauma is easier to claim — and more likely to be compensated — when it’s connected to a physical injury. For example, if you were hurt in a serious car crash on I-25 or a construction accident in downtown Denver, and you’re now dealing with depression or anxiety as a result, you may be eligible to recover damages for that mental anguish.
The key is being able to show:
- You suffered a serious accident
- Your emotional trauma is real and ongoing
- A mental health professional can support your diagnosis and treatment
Building the Evidence for Emotional Distress
Unlike a hospital bill, emotional trauma doesn’t come with a price tag. That’s why documentation is so necessary. If you’re struggling, talk to someone and keep track of everything. This might include:
- Records from a therapist, psychologist, or psychiatrist
- Notes or journals about how the trauma affects your daily life
- Testimony from loved ones or coworkers who’ve noticed changes in your behavior or mood
Insurance companies often push back on emotional distress claims. But with the right evidence and the right attorney, you can build a strong case that reflects what you’ve been through.
How Much Can You Recover?
When it comes to emotional trauma, the law allows you to pursue non-economic damages — compensation for losses that don’t have a direct dollar amount. This includes things like:
- Emotional distress
- Pain and suffering
- Anxiety, depression, or PTSD related to the accident
- Loss of enjoyment of life
- Impact on personal relationships
Unlike medical bills or lost wages (which fall under economic damages), these losses are more personal and subjective in nature. Still, they carry weight, and Colorado law recognizes that.
Notably, as of January 1, 2025, the state has increased the cap on non-economic damages to $ 1.5 million per person, per claim. This applies to cases involving physical injury or death and includes emotional harm. The new limit will be adjusted automatically for inflation, beginning in 2028.
Why Legal Representation Matters
You don’t have to go through this alone, and you shouldn’t have to convince an insurance company that your trauma is real. At the Law Offices of Dianne Sawaya, we’ve seen firsthand how serious accidents can change lives in ways that aren’t visible on an X-ray.
We’ll work with your medical providers, gather the right documentation, and fight for the full amount you’re owed — including compensation for emotional injuries. And if the insurance company doesn’t offer a fair settlement, we’re always ready to take your case to trial.
Talk to a Denver Injury Lawyer Who Understands
Your emotional recovery is just as important as your physical healing. If you’re struggling after a serious accident, we’re here to help you hold the responsible parties accountable — and to help you feel whole again.
Call the Law Offices of Dianne Sawaya today for a free consultation. We’re based in Denver and available 24/7 to take your call.