Types of Personal Injuries
Personal injuries are most often the result of car accidents, on-the-job accidents, slip and fall accidents, assault claims, accidents in your home, accidents due to defective products, and accidents during the holidays.
There are other injury types that are considered industrial disease cases. Some examples include mesothelioma, emphysema, asthma, chronic obstructive pulmonary disease (COPD), chronic bronchitis, occupational deafness, and repetitive strain injury.
Liability and the Personal Injury Case
Personal injury cases typically hinge on two questions: who was at fault in the accident that caused the injury and was that party negligent? If so, then the injured party may be able to get monetary compensation from the negligent party. Oftentimes, that money comes from an insurance company that will do everything it can to keep from paying anything.
Obtaining compensation for your injury requires proving negligence. Negligence is a legal concept that shows who is responsible for your injuries. It involves three basic aspects. First, you must demonstrate that the defendant acted in a way that runs contrary to the way a normal, reasonable person would act in the same circumstance. Essentially, you are showing that their actions were irresponsible and they ignored the safety of others.
Second, you must prove that it was this irresponsible action or failure to act that caused the accident. Finally, you must demonstrate that the accident caused by the defendant was either the direct cause or proximate cause of your injuries.
What Is Comparative Negligence?
Every state has laws in place governing vehicle accidents and a person’s ability to recover damages. The state of Colorado follows the comparative negligence law, which states that the amount an injured person may be awarded depends on the amount of responsibility they had for the accident.
For example, if the injured party was found to be partly at fault for the wreck, any compensation they’re entitled to receive may be reduced. If the injured party is found to be more than 50 percent at fault, they will be unable to receive compensation for damages. Determining negligence in an automobile accident is an important factor when filing a claim for damages.
Dealing With Insurance Companies
Insurance companies are businesses and they’re out to make a profit. Naturally, this doesn’t happen if they always pay out hundreds of thousands of dollars, or even millions, in claims. As such, they will go to any length to avoid paying your claim.
They will often start by appearing compassionate and later tender a lowball settlement for your injuries. They might try any manner of convincing and trickery to get you to sign off on this offer. If you do, you could end up with less than you deserve. If you refuse, they might threaten you by blaming you for the accident, claiming you’ll get nothing if you pursue the case, and even saying that you’re faking your injuries.
Despite what the insurance company may tell you, dealing with insurance adjusters requires someone in your corner who knows the laws and can step up and hold them accountable. The right personal injury lawyer will remind everyone who the victim is and give you the best possible shot at significant compensation for the injuries you’ve suffered, any damage to your quality of life and relationships, mounting medical bills, lost wages, and more.
Why Hire a Personal Injury Lawyer?
Most people who’ve been injured quickly learn that they need a lawyer to have the best chance for a successful outcome. Cases can become very complex and the insurance company will work hard to make it more complicated and intimidating.
The average person who’s been severely injured may have little understanding of their options. Having a lawyer on your side helps to even the odds and keep the person or company responsible for your injury from taking advantage of you.
Be sure to learn all you can about any attorney you consider hiring. Your lawyer speaks for you and you have to know you can trust him or her to do what’s best for you and your family. And even with that trust, you need open communication with your legal team and access to them, so you can ask questions about your case.
Heuser & Heuser in Colorado Springs
We, at Heuser & Heuser, have dedicated ourselves to exactly that kind of open, helpful law practice. With more than 30 years of legal experience, the Heuser brothers can handle any type of personal injury case for residents of Colorado Springs, Pikes Peak, Pueblo, the Arkansas Valley, and elsewhere on the Front Range.
Please follow the links below to learn more about the kinds of cases and injuries our firm handles: