Personal Injury Law in Colorado: What You Need to Know
Every Colorado Personal Injury Case Is Different
Most people don’t learn about the legal side of personal injury until they’re hiring a lawyer or filing a claim with insurance companies. Although personal injury comprises a large portion of the legal world, many people believe that it only covers specific cases like slip and fall accidents, or lawsuits filed against companies for dangerous products.
We would like to clear up some of the commonly asked questions regarding personal injury law so that you can make informed decisions if you ever find yourself filing a claim.
What Counts as Personal Injury?
Personal Injury Law covers a variety of accidents, collisions, and injuries. While car accidents account for a significant number of personal injury cases, personal injury law applies to almost any instance where someone experiences harm or damages due to the negligence of another entity.
Car accidents such as rear-end collisions, vehicle rollovers, and side-impact collisions are frequent grounds for personal injury cases, along with head-on collisions and other accidents that could stem from a negligent driver.
These lawsuits can also extend to damages caused by dangerous consumer products, such as defective household goods or medications with harmful side effects. Accidents that are caused by someone else maintaining an unsafe environment can also qualify, along with dog bites and pedestrian accidents.
Do Workers’ Compensation Cases Fall Under Personal Injury Law?
Yes and no. Workers’ comp cases may share a lot of similarities with personal injury law, but they typically resolve by going through different avenues. Personal injury cases often involve dealing with insurance companies, such as the insurer for the at-fault party in a car accident. While these can also be resolved through tort claims (as Colorado is an at-fault state), the vast majority are settled out of court.
Workers’ compensation cases often deal foremost with the employer of the injured party. These cases concern whether or not the benefits being paid out by an employer are enough to cover medical bills and other costs associated with recovery.
McDivitt Law Firm handles both personal injury and worker’s compensation cases. Our experienced worker’s comp lawyers have been fighting on behalf of our clients for more than 40 years to ensure that injured workers get the settlements that they deserve.
What Should I Expect While Pursuing a Claim?
The process of filing a claim can vary dramatically from case-to-case. If you are lucky, the insurance company will offer a settlement that can cover your medical expenses, along with any additional costs required to recover.
If you are involved in a serious accident, these costs can be high. Injuries like head trauma, spinal fractures, severe whiplash, and broken bones can take a lot of time and medical attention to heal and can incur high medical bills.
However, insurance companies make their profits by avoiding generous payments, and it’s possible that the first offer they make is far too low to cover damages. When this happens, it’s important to have an experienced personal injury attorney on your side.
Do I Need a Lawyer?
Insurance companies will often pressure personal injury victims to accept their first offer, even if it’s too low to reasonably cover the costs of recovery. Having a lawyer on your side gives you a stronger position when making a claim, and provides avenues to pursue further compensation if your initial claim isn’t enough. While a lawyer isn’t required to resolve a personal injury insurance claim, those that hire a lawyer frequently see a higher settlement from insurance companies.
When Should I Hire a Lawyer?
The earlier that you hire a lawyer, the more that they’re able to positively impact your case. What you do after an injury or accident can make or break your claim. Your first priority should be to seek medical attention for any injuries sustained, as it establishes. If you feel uninjured after a car accident, it is recommended that you stay with your vehicle until you can file a police report, although you should seek medical attention immediately afterward.
During this step, it is useful to consider your legal options. A personal injury attorney will be able to explore numerous options in order to find the most effective one for getting the settlement that you deserve.
The Colorado Statute of Limitations for personal injury is two years from the date of the accident, although there can be some exceptions. Although two years may seem like a lot of time, we advise you to hire a lawyer as soon as possible to ensure that any evidence which might impact your settlement can be properly recorded before too much time passes.
Why Should I Hire a Lawyer?
As noted above, people who hire a lawyer to resolve their personal injury insurance claim often see a higher settlement than those who do not. In fact, our clients consistently receive settlements THREE TIMES larger than people without legal representation.
How Do I Hire a Lawyer?
Most law firms will have a client intake number that you can call. At McDivitt Law Firm, we set up a free legal consultation with all incoming clients to determine how we’re best able to suit their needs.
What Kind of Settlement Will I Get?
Regardless of exact dollar amounts, you are entitled to a settlement that will cover your medical expenses and any other costs associated with recovery. This can include car repair costs, expenses from physical therapy and rehabilitation, along with potential compensation for lost wages.
However, your settlement can vary dramatically based on the legal representation that you have. This is why it’s important to have an affordable Colorado personal injury attorney on your side. Having a skilled lawyer with a history of getting fair settlements goes a long way towards ensuring that your financial needs are met while you recover. Trust McDivitt Law Firm to fight for the settlement that you deserve!
With over 40 years of experience, McDivitt Law Firm has some of the best Colorado Personal Injury Lawyers. Our experienced attorneys have fought for clients in Colorado Springs, Pueblo, Aurora, and Denver to ensure fair treatment from insurance companies for personal injury cases. Find out what McDivitt can do for you by scheduling a free legal consultation today.Back to the Blog