A personal injury occurs when another person or entity causes it in an accident resulting from their negligence, carelessness, or recklessness. Denver personal injury lawyers specialize in these claims, helping injured parties recover damages for their post-accident expenses and losses—medical bills, lost wages, pain and suffering, and more.
Following a personal injury accident, you could recover compensation from liable parties. Potentially applicable laws include defining negligence and filing your lawsuit on time. Recoverable damages will depend on the severity of your injuries and the outcome of the accident. Finally, you could inadvertently compromise your ability to recover compensation, so understanding your rights as the injured party is critical.
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What Types of Accidents Can Lead to a Personal Injury Claim?
If negligence caused your accident, you could hold the negligent party liable for their actions and your resulting expenses. Some commonly reported types of personal injury accidents include:
- Car accidents
- Bus accidents
- Truck accidents
- Slip and fall accidents
- Medical malpractice
- Dog bites or attacks
- Defective products
The negligent party must compensate you for your losses. In addition to understanding your rights, you need to know where to file your lawsuit and how to manage its many moving parts.
What if a Family Member Died Because of Someone Else’s Negligence?
Your family can recover wrongful death damages for the negligence-based loss of a loved one. These damages typically include the costs of making your loved one’s final arrangements and your loss of their financial and familial support. You can also recover damages for losing their companionship, consortium, and guidance.
You can also get compensation for any medical bills your loved one incurred as a result of their accident. A wrongful death attorney can help you understand who can file a wrongful death action and which family members can recover damages.
What Damages Can You Recover With an Insurance Claim or Lawsuit?
When you file a personal injury claim in Colorado, you can recover economic damages from the at-fault party. They compensate your costs that would otherwise come out of your pocket, including:
- Current and future medical bills
- Current and future loss of income
- Lost future earning potential
- Property damage or destruction
You can also request noneconomic damages that compensate you for the intangible losses you experience that can be challenging to prove. They typically include:
- Disfigurement or impairment
- Physical pain and suffering
- Mental and emotional distress
- Loss of enjoyment of life
The at-fault party and their insurer will want compelling proof of your accident-related losses. So, keep track of all the expenses you incur because of the accident. Collect medical bills, vehicle repair invoices, and other documents substantiating their value.
How Long Do You Have to File Your Lawsuit After an Accident in Colorado?
Statutes of limitations define how long you have to file a lawsuit after an accident. The statutes of limitations vary by state depending on the type of accident and its outcome. These are the statutory filing deadlines in Colorado:
- You generally have two years to file a personal injury or wrongful death lawsuit, according to CO. Rev. Stat. § 13-80-102.
- However, car accidents have a different timetable—according to CO. Rev. Stat. § 13-80-101, you generally have three years.
- Finally, you generally have two years from the date of the incident or its discovery to file a product liability lawsuit, according to CO Rev. Stat. § 13-80-106.
If the filing deadline expires, the court will refuse to allow you to file your lawsuit or dismiss it out of hand. If you filed an insurance claim, you should expect the insurance company to stop negotiating since it won’t fear a judge and jury finding their client liable. Thus, you will be left with no legal way to compel the at-fault party to compensate you adequately for your injuries.
How Does Colorado Legally Define Negligence?
To pursue a negligent party for financial compensation, you must prove their actions were reckless, careless, or intentionally or unintentionally negligent. Once you’ve determined the existence of the signs of personal injury, you must establish the legal elements of negligence:
- Duty of care: The at-fault party owed you a legal duty of care.
- Breach of duty: The at-fault party failed to meet their legal duty.
- Causation: The correlation between the at-fault party’s action and your accident.
- Damages: The accident had adverse financial consequences for you or your family.
The best way to prove these elements is by collecting compelling evidence. A solid case file can also help you combat any allegations that you caused or contributed to the accident. Such allegations can significantly decrease—or eliminate—your possible financial award.
What Evidence Do I Need to Prove the Required Elements of Negligence?
The evidence you collect will prove valuable to your compensation request in multiple ways. For instance, your personal injury case file will identify the causes and contributing factors to your accident. Your evidence collection can include:
- Medical records and bills
- Prognosis for future care
- Salary history records
- Lists of required medications
- Accident reconstruction report
- Official police report
- Animal control records
- Photos and video footage
- Lay witness statements
- Expert testimonials
- First responder reports
Your police report is a good starting point and can lead you to other sources of evidence. Then, create a list of all the damages you qualify to recover and use it to create a comprehensive evidence file.
Collecting evidence can be a time-consuming process. It can also be overwhelming when managed alone. An experienced personal injury attorney can manage your claim and ease your burden.
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Get Your Free Personal Injury Case Review Now
If you or a loved one suffered injuries due to negligence, Matlin Injury Law will help you build a solid case for monetary compensation. We will clarify what personal injury is and how you might be entitled to damages from the at-fault party.
We have over 50 years of combined experience and have recovered more than $25 million in damages. So, contact our consultation team today to learn how we can help you get compensation.
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