Colorado Catastrophic Injury Lawyers

When you have been involved in a terrifying accident or suffered critical injuries at work, your entire life could change. Catastrophic injuries can be life-threatening or even fatal. Not only can they be physically limiting and affect you for the rest of your life, but the emotional toll and financial losses could turn your entire world upside down. You should not be forced to deal with these ramifications on your own when someone else is responsible. The at-fault party should compensate you for every single way you have been affected by your serious injury and the incident you were involved in. 

However, liable parties often look for opportunities to escape financial liability. Our experienced catastrophic injury lawyers at Heuser & Heuser, LLP can help you demand justice. Our team will thoroughly investigate the cause of your catastrophic injuries so we can hold the liable party accountable and get the most out of your claim. When you are ready to take charge of your future contact our team to request a free consultation. When you do, you can learn more about how the personal injury claims process works, who could be at fault for your injuries, and how much you could be awarded if we win.

Common Types of Catastrophic Injuries

One of the top questions injury victims have after being involved in a severe accident is whether their injuries are serious enough to take legal action against the liable party. However, it is crucial to keep in mind that your diagnosis does not determine whether you can file an insurance claim or lawsuit against the liable party. 

Injuries may be considered catastrophic when they have a significant impact on your life physically, financially, psychologically, and emotionally. For example, someone who suffers a broken bone and can get back to work a few short weeks later, without incurring hundreds of thousands of dollars in medical expenses and virtually zero emotional trauma may not consider their injuries catastrophic. However, someone who has suffered a permanent disability, was emotionally traumatized by the accident, or has excessive medical expenses and other financial losses related to their injuries may have grounds for a catastrophic injury lawsuit. 

Many types of injuries can be considered catastrophic. Some of the most common injuries our clients have dealt with include:

• Spinal cord injuries (SCI)
• Third-degree and full-thickness burns
• Post-traumatic stress disorder (PTSD)
• Disfigurement and skin scarring
• Traumatic brain injury (TBI)
• Hip injuries
• Shoulder injuries
• Dental and facial injuries
• Loss of limbs
• Back injuries and herniated discs
• Organ failure and internal bleeding
• Lacerations that lead to septic shock

Grounds for a Catastrophic Injury Claim in Colorado 

Many injury victims have concerns that their injuries are not serious enough to file a claim against the individual or entity responsible for causing their accident. However, there is no law in the state of Colorado that says you need to suffer a specific type of injury to sue the liable party. Instead, Colorado tort laws require the elements of negligence to be proven and the burden of proof to be met. The elements of negligence include:

• Duty of care – This means the defendant had an obligation to your safety and well-being.
• Breach of duty – A breach of duty means the defendant made a decision or failed to take action which prevented them from keeping you safe.
• Causation – The defendant’s conduct must be the direct or indirect cause of your injuries, damages, or suffering.
• Damages – The accident you were involved in or the injuries you suffered due to the accident must have had or are expected to have a considerable impact on your life whether that be financially, psychologically, physically, or emotionally.

The burden of proof is not beyond a reasonable doubt like it is in criminal court. Instead, we must prove liability based on a preponderance of the evidence. This means the evidence presented must be clear and convincing. It must leave the jury with a little doubt that the defendant is likely responsible for the catastrophic injuries you sustained. Some of the most valuable types of evidence we use to prove fault in catastrophic injury claims include:

• Medical records
• The defendant’s driving record
• Witness statements
• Testimony from expert accident reconstructionists
• Police and crash reports
• Chemical blood alcohol test results
• Chemical breath alcohol test results
• Video footage of the accident
• Personal testimony
• Photos of your injuries
• Safety inspection logs
• Employment records
• Relevant audio
• Data obtained from vehicle black boxes, where applicable

Accidents That Cause Catastrophic Injuries 

When you suffer a major injury, you have the right to compensation for your damages. The liable party will be expected to reimburse you for every loss. Your personal injury attorneys at Heuser & Heuser, LLP will be prepared to investigate the circumstances of your case to reveal the identities of anyone who may have contributed to the accident. 

Virtually any type of accident has the potential to result in severe injury or death. Here are some of the most common types of accidents that cause catastrophic injuries and the parties who could be found liable:

Motor Vehicle Accidents

Motor vehicle wrecks can include many types of motorized vehicles and parties, such as:

• Commercial trucks
• Cars
• Pedestrians
• Garbage trucks
• Rideshares, including Uber or Lyft
• Dump trucks
• Bicycles
• Motorcycles
• Public transportation buses
• Delivery trucks
• School buses
• Taxis

These accidents are frequently caused by negligent driving, such as drunk, distracted, drowsy, drugged, aggressive, or reckless driving. However, dangerous road conditions and malfunctioning vehicle parts have also been known to cause devastating car accidents. Some of the parties who could be sued for your catastrophic injuries after a motor vehicle record include:

• Negligent drivers
• Dram shops
• Social hosts
• The Colorado Department of Transportation
• Local municipalities
• Auto parts designers, distributors, and manufacturers
• Motor vehicle dealerships
• Auto technicians
• Safety inspectors
• Other third parties

Premises Liabilities

Premises liability accidents happen on property that is not yours. The property owner is most frequently held accountable because they have an obligation to maintain the safety and integrity of their premises at all times. Some of the most common types of premises liability accidents where our clients suffered catastrophic injuries include:

• Dog bites and attacks
• Swimming pool accidents
• Injuries caused by dangerous property conditions
• Lack of security
• Trampoline accidents
• Wet floors
• Slips and falls
• Hotel accidents
• Amusement park accidents
• Parking lot accidents
• Supermarket accidents
• Stair and ladder accidents
• Elevator and escalator accidents

Defective Products

When consumers purchase products that malfunction or are defective, almost anyone involved in the chain of distribution of these products could share the blame for your injuries. Generally, defective product claims are caused by:

• Manufacturing defects
• Design flaws
• Failure to warn

Catastrophic Injury Victims in Colorado Are Entitled to Maximum Compensation

When you have been critically injured you may suffer in more ways than one. Fortunately, you are entitled to total financial compensation when another party is at fault. These are known as compensatory damages and may be categorized as economic or non-economic. This will allow your catastrophic injury attorney to ensure you receive fair compensation for your damages.

Economic Damages

Economic damages are the easiest to calculate. This is partly because of the fact that they have specific financial values. For example, your attorney can review your medical bills to determine how much your healthcare costs are worth now and may be in the future. We can examine auto body shop repair quotes to determine the diminished value of your vehicle and how much you will need to spend to repair or replace your car after a collision. 

Some of the most common types of economic damages you could recoup include:

• Current and future medical bills
• Vehicle repair expenses
• Loss of household services
• Lost income and earning capacity
• Loss of benefits provided by your employer
• Damage to your credit score

Non-Economic Damages

Non-economic damages are a little different. They can affect each person’s life differently and do not have any specific financial worth. For this reason, your attorney will need to carefully consider the impact your non-economic damages have had and may continue to have on your life. We may need to use the per diem or a multiplier method to accurately calculate the value of your non-economic losses. 

Some examples of non-economic damages that may be recoverable include:

• Pain and suffering
• Loss of consortium
• Embarrassment
• Reputational damage
• Emotional distress
• Reduced quality of life
• Skin scarring
• Permanent disability
• Shock and fear

Colorado Injury Laws You Need to Know

Several personal injury laws in Colorado could have an impact on your catastrophic injury lawsuit and insurance claims:

How Insurance Works

Colorado follows fault insurance laws. If you are filing a claim with the insurance company to recoup a portion of your damages, you will do so with the liable party’s insurance provider instead of filing a claim against your personal auto insurance policy. However, insurance will not cover everything. Your settlement will be limited to the types and amounts of coverage the policyholder purchased. Always prepare to bring your catastrophic injury case before a judge if you hope to maximize your financial compensation.

The Statute of Limitations 

The type of accident you were involved in will determine how long you have to file your personal injury claim. If you were involved in a car accident of any kind, you may have up to three years to file your claim before the statute of limitations expires. However, if you were involved in any other type of accident, the statute of limitations will expire two years from the date of your accident. 

This deadline may not always be clear or obvious, so do not hesitate to contact your personal injury lawyer to find out exactly when the statute of limitations will pass in your case. This is important, as feeling to file your claim before the statute of limitations expires will prevent you from pursuing your case at trial.

Modified Comparative Negligence

If you are partially responsible for causing the accident or your subsequent injuries, under Colorado’s modified comparative negligence laws, you can still be issued a settlement as long as your portion of blame is not greater than 49%. If you are more than 49% responsible, you will not be able to pursue your case at trial and could even find yourself a defendant in a personal injury claim. However, if your portion of blame is less than 50%, your injury settlement will reflect a shared fault deduction that takes into account your portion of liability. For example, if you were 10% at fault, you could expect a 10% cut from your settlement.

Connect With Our Catastrophic Injury Attorneys Today

Catastrophic injuries are the most severe types of injuries you can deal with following any type of traumatic event. Do not let the liable party get away with their negligence. You can demand they compensate you for every loss so you have your best opportunity at picking up the pieces of your life and putting this devastating experience behind you. 
The claims process does not need to be overwhelming when you have a dedicated Colorado catastrophic injury lawyer on your side. Reach out to an experienced personal injury attorney at Heuser & Heuser, LLP today for a no-cost, risk-free consultation. Our team is proud to offer complimentary case reviews to catastrophic injury victims in Pueblo, Colorado City, and throughout the state of Colorado. Claim yours when you fill out our quick contact form or call our office today.

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Colorado Catastrophic Injury FAQ

If you find yourself lying in your hospital bed at night with your mind racing after the accident, you are not alone. It is completely normal for injury victims to have many questions about how they can recover compensation for the damages, who is responsible, what their personal injury lawsuit will entail, and what their future may look like with the lifelong consequences of their catastrophic injuries or permanent disabilities. 

It is our goal to help you feel empowered to take back control of your future. We can answer any specific questions you may have during your initial consultation. However, in the meantime, we have answered some of the most frequently asked questions regarding Colorado catastrophic injury claims below. Do not hesitate to contact our attorneys if you have questions or concerns we did not cover on this page.

What does it cost to hire a catastrophic injury lawyer?

One of the top reasons more injury victims do not hire a personal injury attorney is because they do not believe they can afford one. However, when you choose Heuser & Heuser, LLP to take on your case, you do not need to worry about the costs. We work with our clients on contingency. Some types of law firms require a down payment or retainer for their legal services. However, our contingency lawyers never expect their clients to pay for the costs associated with pursuing their cases. 

Our team covers your court filing costs, expenses related to the investigation into your injuries, and any other expenses that might arise as we fight for justice in your case. We only get paid if we win. A percentage of your catastrophic injury settlement will go to our attorney’s fees. If we do not win, you do not pay anything. This means you have an opportunity to demand the compensation you are entitled to without putting your personal finances in jeopardy.

Should I give a statement to the insurance company?

Although the insurance adjuster you are speaking with is more than likely polite and friendly, it is critical to remember that they are not on your side. Many insurance agencies market themselves as being “like a good neighbor” or “on your side”. However, insurance companies care about one thing: their profits. Insurance companies pay out as little as possible on claims so they can further their own financial goals. 

One of the top ways they go about reducing payouts is by asking injury victims to give them a statement. The insurance adjuster then manipulates your words in an attempt to blame you for causing the accident or expressing guilt in some way. For example, when talking to the insurance adjuster, you might use the expression “I am so sorry this happened”. The insurance adjuster may attempt to use this statement against you and argue that you have admitted fault for causing the accident. 

Fortunately, you can protect yourself from being taken advantage of by profit-motivated insurance companies. Not only should you never give a statement to the insurance company, but you can instead direct them to your catastrophic injury attorney. Your lawyer will be able to provide them with the specific information they need to continue processing your injury claim. If the insurance adjuster attempts to delay your claim, blame you for causing the accident, or otherwise handle your claim in bad faith, we will be prepared to fight back and hold them accountable for their financial responsibilities.

Will I be awarded punitive damages?

It is difficult to say whether punitive damages will be awarded in your case, as we have not yet reviewed the specific circumstances of your catastrophic injuries. However, punitive damages are not a loss you have the right to recover the way you do with economic damages and non-economic damages. Punitive damages are also commonly referred to as exemplary damages. They are generally issued when the Colorado civil courts find the defendant’s conduct abhorrent, intentionally harmful or malicious, egregious, or even reprehensible. 

The court system must find it appropriate to punish the defendant. In doing so, the civil courts are also sending a message to the community that they will take similar cases seriously and liable parties will be held accountable to the fullest extent the law allows. After going over the way your accident occurred and the impact of your injuries, your lawyer will have a better idea as to whether punitive damages could be issued as part of your catastrophic injury settlement.

 
 
 
 
 
 
 
  
 
 
  
Great representation of party, very supportive and hardworking. Thank you, thank you, thank you ????
  
 
 
 
  
 
 
 Ms.Understood By Many 
 
2023-05-04
 
 
 
  
 
 
  
Buen servicio
  
 
 
 
  
 
 
 Gerardo Mendoza 
 
2023-05-03
 
 
 
  
 
 
  
My name is Sandra , and I was t-boned in a serious car accident.  I suffered injuries that required numerous appointments such as physical therapy, mental health counseling, neurology and massage therapy.  I contacted Hueser and Hueser, and they took care of absolutely everything.  They were genuine and supportive, and answered any and all of my questions.  Anytime I had questions or concerns, all I had to do was pick up the phone.  I can’t imagine working with a more helpful team of professionals!
  
 
 
 
  
 
 
 Sandra Johnson 
 
2023-05-01
 
 
 
  
 
 
  
Yo recomendaría a esta oficina, me gusto su trabajo,tanto por que tenia una traductora y me sentí cómoda. Gracias al equipo.
  
 
 
 
  
 
 
 Elsa Molina 
 
2023-05-01
 
 
 
  
 
 
  
Very friendly staff , helpful, and good at answering questions
  
 
 
 
  
 
 
 Rhonda Bennett 
 
2023-04-25
 
 
 
  
 
 
  
Pat Salt and Veronda were very helpful and knowledgeable about my case.
  
 
 
 
  
 
 
 Vera Smith 
 
2023-04-24
 
 
 
  
 
 
  
Great experience with the team, everyone was so helpful and Doug even opted to not take a legal due to him wanting me to benefit the most I could from my injury/experience. Highly recommend H&H for any personal injury case!
  
 
 
 
  
 
 
 Sheena-Ann Ruiz 
 
2023-04-12
 
 
 
  
 
 
  
Satisfied with how they took care of me.
  
 
 
 
  
 
 
 Edy Santana 
 
2023-04-10
 
 
 
  
 
 
  
Overall very good, would probably use them again!
  
 
 
 
  
 
 
 Fey Fawn 
 
2023-04-07