Personal Injury Law in Colorado

Were you hurt due to another’s negligence in Colorado? If so, it may have far-reaching consequences such as a loss of wages or extensive medical treatment. Personal injury law allows an injured person to get damages if the responsible person acted recklessly. A personal injury attorney in Colorado can help navigate the lawsuit to make sure you receive all of the compensation you deserve.

What Is Personal Injury Law?

Personal injury law in Colorado relates to the legal process of getting compensation for an injury caused by someone else’s negligent behavior. These cases involve one party, the plaintiff, trying to seek financial compensation for expenses incurred and money lost as a result of the defendant’s reckless behavior. These cases involve both parties’ insurance companies and may even settle before proceeding to litigation.

Examples of Personal Injury Claims in  Colorado

Some personal injury claims are more common than others. However, almost any incident that ends with a physical or mental injury could qualify, depending on the circumstances.

A few of the most common personal injury claims are:

  • Car Accidents
  • Slip and Fall
  • Dog Bites
  • Medical Malpractice
  • Workplace Accidents
  • Burn Injuries

Most Common Injuries in Colorado 

According to the Colorado Official State Web Portal, almost half of the injury hospitalizations in Colorado are due to falls, which represent about 41% of all injury hospitalizations. Of the injuries that require hospitalization with a known cause, 50% are due to falls, and another 13% are due to motor vehicles incidents. Another near 20% of hospitalizations are caused by suicide, and unintentional drug overdoses.

Steps in a Personal Injury Lawsuit in Colorado

Once you determine that you wish to proceed forward with a personal injury action in Colorado

A lawsuit begins when a complaint is filed with the court and served on the defendant. The complaint alleges your assertion as the plaintiff that the defendant’s negligent behavior resulted in damage to your body or mental state. As the process proceeds forward, you may have to go through depositions, independent medical evaluations and document production. This discovery process is lengthy and ends in either settlement or a court appearance.

The Colorado Judicial Branch has a list that makes the process simple. Essentially, with the help of your attorney, you must file with the court and present evidence. This includes, your physician’s signature testifying to the severity or cause of your injury, and statements of relevant costs and legal fees you have suffered as a result of the responsible party’s negligence.

Colorado Personal Injury Settlement

With most personal injury cases, insurance companies and injured parties prefer settlement negotiations rather than going to court for a trial. You may wonder how much you should seek in your settlement and factors that impact the final amount.

The Colorado Sun Newspaper analysed costs across Colorado and found that prices vary heavily depending on what ER facility you visit. Coloradans could expect to pay anywhere from $190-$4,700 in the ER for initial cost of treatment alone. After you include factors such as work loss costs and property damage, the cost of an ER visit can go from inconvenient, to financially devastating. Especially considering that the two most common causes of ER visits in Colorado are falls, and work related injuries. The Colorado Division of Human Resources offers info on typical personal injury claim processes specifically in regards to workers compensation.

If the other party has insurance, the insurance company likely wants to settle out of court to avoid leaving the final settlement decision to a jury. Settlements benefit injured parties as much as they do insurance companies. This is because accepting a settlement means you receive compensation sooner rather than later. Also, by going to court in CO, that means you risk not receiving any compensation at all.

Damage Awards in Colorado

If your Colorado personal injury lawsuit goes before a judge or jury, your legal team will be ready with a request for damages. In personal injury cases, there are three types of damage awards a court may order the defendant to pay to compensate you for the damage they inflicted.

Special compensatory damages reimburse you for things such as lost income, medical bills and insurance deductibles. You submit receipts proving these losses.

General compensatory damages are subjective. If you receive special compensatory damages, you may also collect general damages. If your injury was particularly painful, you might request that the judge order the defendant compensate you for the pain and anguish.

Punitive damages are the most rarely awarded and are up to the court. The judge or jury may determine that the defendant’s negligence was particularly heinous and the resulting injury to you was equally horrific. 

Colorado does not place damage limits on any economic damages you suffer. This includes medical costs, work loss costs, and damage costs. However there are caps on medical malpractice as it is classified as a different kind of suit.

Statute of Limitations in Colorado Personal Injury Law?

The injured party may have a set amount of time to file suit for a personal injury case. State law establishes statutes of limitation. Commonly, the plaintiff’s injury or discovery of the injury begins the statute of limitations. However, the latter factor is trickier, as the plaintiff will have to prove when the injury was first realized.

The timeline for filing a personal injury suit in Colorado is two years from the date of the incident. While this may seem like a decent amount of time, many injuries and relative costs can take months to surface. It is always important to monitor your ongoing status after suffering an injury.

We recommend you speak with a personal injury lawyer for this matter. Don’t wait too long and miss out on receiving the compensation you deserve for your injury. 

Work With an Experienced Colorado Lawyer

Pursue a personal injury claim in Colorado against the responsible person if you are dealing with an injury caused by someone else. One of our experienced lawyers can help you navigate your personal injury claim.  We can even help you connect with an attorney across Colorado state lines.

Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area!

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