If you’ve been injured due to someone else’s negligence, you may be liable for reparation through a personal injury lawsuit.
In Colorado Springs, understanding the available legal options is crucial before pursuing such a claim. While navigating the complexities of personal injury law can be daunting, with the right knowledge, you can make informed decisions about your case.
This guide will provide you with the necessary steps and considerations to ensure you defend your rights and increase your odds of a successful settlement.
Determining Liability
Not every injury automatically leads to a legal claim. To have a solid case, you generally need to prove:
- Negligence: Negligence arises when a person or organization fails to act with adequate caution, causing harm to others.
To establish negligence, it is essential to show that the responsible party had a duty of care towards you, violated that duty and their breach was the direct cause of your injuries. - Types of Incidents: Car accidents, slips and falls, dog bites, medical malpractice, and defective products are some common situations that can lead to personal injury lawsuits in Colorado Springs.
- Damages: You should have sustained losses or ‘damages’ due to the accident. This includes medical expenses, lost wages, material loss, and even emotional trauma and distress.
Steps to Take after an Injury
If you’ve been injured in an accident, taking the right steps can help protect your legal rights and strengthen your potential personal injury case.
- Get medical aid: Even though your injuries seem minimal, they may not be obvious.
- Document Everything: Keep organized records of any expenses, doctor visits, missed work, and the impact the injuries have on your life. This becomes invaluable evidence later.
Documenting the incident by taking photos, gathering witness statements, and keeping track of medical records and expenses can provide valuable evidence for your case. - Find a Reputable Lawyer: Look for a Colorado Springs personal injury lawyer with experience in cases similar to yours. Many provide free phone consultations so you can go through your case without any pressure.
- And finally, notify the relevant parties, such as the responsible individual, about the accident.
Understanding the Legal Process
The personal injury litigation process can be complex and overwhelming for those unfamiliar with the legal system. It typically begins with filing a complaint, followed by a discovery phase where both parties exchange evidence and take depositions.
If a resolution cannot be agreed upon via negotiations, the case will go to trial. Here, a judge or jury will determine liability and potential damages. At each juncture, having an accomplished attorney by your side can make a substantial difference in preserving your rights and fighting for your best interests.
If you’re worried you can’t afford to pay for a personal attorney, worry not! Nearly all personal injury attorneys in Colorado Springs follow a contingency fee structure. This means the lawyers only get compensated if they bring in results.
According to Springs Law Group, the typical contingency fees range from 30% to 45% of the total amount recovered, with the percentage often decreasing as the case value increases.
During your initial consultation, your Colorado Springs personal injury lawyer will explain their fee structure and any extra costs you may be liable for, such as administrative fees or third-party charges. This transparency ensures you understand the financial commitment upfront.
Statute of Limitations for Personal Injury Cases
Every state has a ‘statute of limitations’ that gives you a limited window of time to file a suit for personal injuries. This time window differs from state to state.
As for Colorado, in most scenarios, this deadline is two years from the date of the disaster. However, only in motor-related accidents, do the survivors have 3 years to file a claim. If you exceed this deadline, you may not qualify for any compensation. But, if you file a claim within the specified period, you might receive some relief, even if you were somehow at fault for the accident.
You can thank the “50% rule modified comparative negligence” law for this. Colorado, along with 9 other states, follows this law. According to this legislation, you can only receive compensation if you’re less than 50% responsible for the accident.
But remember that your degree of involvement will affect the final settlement amount.
Exceptions to the Statute of Limitations
There are a few exceptions to the statute of limitations:
- Injured Minors: If the injured person was a minor at the time of the injury, the statute will only initiate when the minor reaches the age of 18.
- Delayed Discovery: In some cases, injuries don’t manifest immediately. If it takes time to discover the injury was caused by someone else, the deadline may be extended.
- Government Agencies: If your lawsuit involves a government entity, you have only 180 days to file a lawsuit.
Since these exceptions are intricate, it’s vital to consult a legal professional to see if they apply to your situation.
In conclusion, managing the personal injury claim process alone can be emotionally draining, especially when you’re recovering from injuries.
That’s why it’s essential to have an accomplished personal injury attorney by your side. They walk you through every detail, from assessing the incident and procuring evidence to negotiating compensation and representing you in court if the need arises.
With the right legal counseling, you can zero in on your recovery while your attorney fights for the compensation you deserve.