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If you suffered an injury or injuries that were caused by the negligent acts of another party, you might have a strong enough case to file a personal injury lawsuit. Each state has established the legal guidelines for litigating personal injury cases. For example, Colorado has created statutes that address comparative fault, as well as dog bite incidents.
To ensure you file a convincing lawsuit, you should work with a personal injury lawyer in Colorado who has compiled an impressive record for winning personal injury cases. The question is how do you find the right attorney to litigate your case.
Yes, experience matters, but only if a personal injury lawyer in Colorado has experience helping clients get the compensation they deserve. Since 1988 Morgan & Morgan has recovered more than $15 billion for our clients that suffered from injuries that were caused by the negligence of one or more other parties.
The personal injury lawyer that you hire should provide you with a free case evaluation to discuss your case. During the free case evaluation, the attorney will ask you several questions, as well as analyze evidence that you have collected and organized. After about an hour-long meeting, the personal injury lawyer should have an idea about how to proceed with your case.
Get the legal support you need to win a claim by scheduling a free case evaluation with one of the accomplished personal injury attorneys at Morgan & Morgan.
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Morgan & Morgan FAQs
What Are the Common Types of Personal Injury Claims in Colorado?
Like other states, auto collisions rank near or at the top of the list of most common types of personal injury claims. Getting involved in a car crash can produce serious injuries such as fractures, whiplash, and brain trauma. The medical expenses associated with the injuries caused by an auto accident can exceed $10,000, which means you cannot hesitate to contact Morgan & Morgan for legal support. We can help you file a persuasive insurance claim and if needed, prepare you for the proceedings that unfold during a civil lawsuit.
Let’s look at some other types of common personal injury claims in Colorado.
Colorado represents one of the most popular destinations in the United States for outdoor recreational enthusiasts. From skiing at Breckenridge Ski Resort to hiking deep into Rocky Mountain National Park, Colorado offers something for just about every outdoor recreational enthusiast.
Colorado is also home to a rising number of product liability claims.
Defective sporting equipment is a common reason why both residents and visitors to the Rocky Mountain State file personal injury lawsuits. A faulty ski pole that breaks during a run can cause serious injuries. Hiking boots that fail to support the ankle can be the cause of a severe sprain or worse, a fractured ankle.
Two types of law practices address the legal implications of a workplace accident. Workers’ compensation insurance takes care of employees that get hurt on the job. This type of law practice is all about ensuring an employer’s insurance company pays out what it should for compensation to an injured worker.
The second type of law practice that addresses workplace accidents is personal injury law. Some workplace accidents involve intentional acts of negligence, whether an employer or a co-worker committed the acts of negligence. When you work with Morgan & Morgan, we have lawyers that address both types of practices. We can help you decide if your workplace accident case deserves to be treated as a workers’ compensation or a personal injury case.
We file a medical malpractice lawsuit when a healthcare provider fails to meet the standard of care that is expected of them. If you suffered an injury and you believe a healthcare provider caused the injury, the injury that you suffered must be directly related to an act of negligence performed by the healthcare provider.
Colorado law allows you to file a medical malpractice claim against any healthcare provider, including nurses, chiropractors, psychologists, and physical therapists.
Man’s best friend is not always friendly. A dog bite can lead to serious healthcare consequences, especially if a bite is deep under the skin. Unlike many other states, Colorado law follows the strict liability rule for dog bite cases. Strict liability means the owner of a dog is legally liable for a dog bite even if the dog had no prior history of exhibiting overly aggressive behavior.
To win a dog bite lawsuit, you must prove that you were lawfully on the property where the incident took place. Owners of public and private properties assume no legal liability if a dog bite victim was on property unlawfully, such as if a victim was trespassing. A dog bite case also loses its legal strength if the victim of a dog bite provoked the dog.
What Are the Types of Compensation for Personal Injury Lawsuits?
Monetary damages help a victim of a personal injury case recover some, most, or all of the money spent dealing with the injury. Colorado law makes compensation available for plaintiffs in virtually every type of personal injury case.
Special Compensatory Damages
Special compensatory damages cover the expenses associated with an injury or injuries. The amount of money, as well as what the money covers, differs from case to case. For example, you might receive special compensatory damages to help defray the cost of medical bills, but the financial award does not include any money to pay for property damage. In addition to medical bills and property damage, special compensatory damages can cover lost wages and daily living expenses.
The key to understanding what constitutes special compensatory damages is that every cost covered under this category comes with a price tag.
General Compensatory Damages
Unlike special compensatory damages, general compensatory damages do not come with a price tag because the damages cover non-economic factors. Pain and suffering is the most common type of non-economic compensation awarded in personal injury cases. From mental anguish to emotional distress, pain and suffering covers a wide range of issues. A personal injury lawyer in Colorado can help you recover what you deserve for pain and suffering. One of the outcomes of a personal injury incident might be the development of Post-Traumatic Stress Disorder (PTSD).
Punitive damages are not meant for you to use for covering economic losses. This type of monetary damage punishes the defendant for committing one or more acts of negligence. For example, a hospital that failed to issue the correct diagnosis for a patient might be found guilty of negligence. Gross negligence, which is an act of negligence with malicious intent, typically generates a higher financial award.
One important note about monetary damages: Some plaintiffs claim they do not have the financial resources to fulfill the terms of a civil lawsuit ruling. When this happens, a personal injury lawyer in Colorado will investigate to determine if the defendant’s claim is valid.
What Is the Deadline for Filing a Personal Injury Claim in Colorado?
Colorado law states plaintiffs have two years after the date of a personal injury incident to file a lawsuit. For some injuries, the symptoms do not develop until days or weeks after a personal injury incident. If that is the case, then the two-year clock starts on the day when a plaintiff discovers the symptoms of an injury or injuries. The statute of limitations for filing a personal injury claim against a government agency is 180 days, while you have two years to file a civil lawsuit.
If you fail to meet the statute of limitations for filing a personal injury lawsuit in Colorado, the attorney representing the defendant will notify the court of your lack of action. Then, you can expect the court to dismiss your personal injury lawsuit.
What Are the Comparative Fault Rules in Colorado?
For many personal injury cases, the defendant’s legal counsel will attempt to blame the plaintiff for being at least some of the reason why the personal injury incident happened. Because of the comparative fault argument, Colorado has adopted a modified comparative fault rule.
Let’s say you slipped and fell in a grocery store. Part of the reason you slipped and fell is you did not notice a slick spot on the floor. Although the grocery store assumes most of the blame for not placing a “Wet Floor” sign over the slick area, you shoulder some of the blame for not paying attention to where you were going. If a civil court judge awards you $1,000 in monetary damages and the judge rules you should accept 10 percent of the blame for causing the incident, then your financial award decreases to $900.
Does Colorado Cap Monetary Damages?
Capped monetary damages limit the amount of money a plaintiff can receive for compensation. A few states have passed laws the limit compensation for non-economic damages such as for pain and suffering. Colorado law caps monetary damages at $250,000. However, if there is “clear and convincing evidence” that justifies an increase in monetary damages, Colorado law raises the cap to $500,000.
Why Should I Hire a Personal Injury Lawyer in Colorado?
If you suffered an injury or injuries that have kept you out of work and have cost you a substantial amount of money, you should hire a personal injury lawyer in Colorado for several reasons. Your attorney will conduct a thorough investigation of the incident that produced your injury. At Morgan & Morgan, we have a team of investigators who work with our personal injury attorneys to obtain every detail of a personal injury case.
A personal injury lawyer in Colorado also gathers and organizes the evidence you need to present a convincing case in front of a civil court judge or jury. One critical piece of evidence that can be the determining factor that awards you monetary damages is the information written into the official police report. Your attorney interviews witnesses that confirm your version of events, as well as ensures you meet the statute of limitations for filing a personal injury lawsuit in Colorado.
Schedule a free case evaluation today with one of our personal injury lawyers in Colorado to determine whether we should initiate the civil lawsuit process.