You may suffer an injury due to no fault of your own. If this happens, it may be a good idea to seek legal help. Personal injury lawyers in Colorado Springs, CO, are available. They can review your case and help you decide if now is the right time to pursue damages as part of an injury lawsuit.
The team at Heuser & Heuser, L.L.P. has more than eight decades of combined legal experience. Our personal injury attorneys offer stress-free and affordable legal help. We are here to assist you at each stage of your injury claim. To learn more, get in touch with us.
Personal Injury Definition
A personal injury happens when one party harms another. The injury may vary in terms of severity. It may occur for many reasons, such as:
- Car accident
- Medical malpractice
- Motorcycle accident
- Truck accident
- Slip and fall accident
There is a limit on how long you have to file a personal injury lawsuit in Colorado Springs. Generally, you may have up to two years from the date you suffered your injury to submit a claim for compensation. If you do not file your claim within this time frame, you may not be able to ask for damages at a later date. You may also be solely responsible for all of your losses.
An injury lawyer can evaluate your case and help you determine if you have a valid claim. If so, they can submit your claim before your statute of limitations to do so expires. They can help you build a body of proof to show an at-fault party was liable.
Who Is at Fault for a Personal Injury
The at-fault party in an injury case depends on the facts surrounding it. For example, a negligent motorist may slam their vehicle into yours. In this example, the motorist may be liable, and Colorado Springs car accident lawyers may be able to help you seek damages.
In addition to motorists, there are many parties who may be liable for an injury. These include:
- Business owners
- Government entities
- Medical professionals
Injury lawyers can help you identify any at-fault parties. From here, they can work with you to prove negligence.
Personal Injury Liability
It may be difficult to prove negligence in an injury case — just claiming someone else caused you to get hurt is not enough. You may need a body of proof to support your argument. Also, you may have to verify the following elements of negligence were present when you suffered your injury:
- An at-fault party was legally obligated to act in a cautious and reasonable manner toward you.
- The party chose to ignore this obligation by acting in a reckless and careless manner.
- Because of this party’s actions, you were injured.
- You are dealing with economic and non-economic losses as a result of the party’s actions.
Injury attorneys may help you gather a wide range of evidence to prove negligence. They may craft an argument designed to show a judge or jury you are in no way responsible for your injury. In the best-case scenario, a judge or jury will understand exactly what led to your injury. This may prompt the judge or jury to award you 100% of the damages you originally requested.
Personal Injury Case Evidence
Injury law firms do not want to leave anything to chance. They may help their clients collect evidence from many different sources. Examples of proof you may use in your injury case include:
- Medical Records: Highlight the severity of your injury.
- Pay Stubs: Show the impact of your injury on your ability to earn a living wage.
- Police Report: Provides an explanation of what happened that led to your injury.
- Video Surveillance. Offers video footage that may prove an at-fault party was negligent.
- Witness Statements: Feature eyewitness accounts from the day you suffered your injury.
An injury law firm focuses on getting its clients the best case results. Your attorney can help you assess evidence and determine how to present it to a judge or jury. They may work with you to collect proof that makes it clear to a judge or jury you deserve compensation.
What to Do If You Suffer a Personal Injury
As soon as you get hurt, try to remain calm. If you act rashly, you could make your injury even worse. On top of that, you may do things that could compromise your ability to request damages from an at-fault party.
Here are some of the best things you can do in the moments after you suffer a personal injury:
Call 911
This will send medical professionals and police officers to assist you. Medical personnel can evaluate and treat your injury. Police officers can gather information from you and others at the scene. They may use this information to prepare a police report.
Gather Evidence
Use your smartphone to take photos and videos at the scene. It may also be helpful to jot down notes of what you see and hear at this time. Along with these things, get the contact information of anyone who saw you get hurt. These individuals may be able to serve as witnesses if you file an injury lawsuit that goes to trial.
Go to a Doctor
Do not try to “tough it out.” Instead, consult with a doctor and follow their instructions to manage your injury. If a doctor recommends physical therapy or other long-term treatments, follow through on them. Keep track of your medical bills. If you submit an injury claim, the party responsible for your injury may cover these bills and others relating to any losses you incur.
Meet with a Personal Injury Lawyer
Connect with a personal injury attorney — and do not wait too long to do so. Your lawyer can answer frequently asked questions and many others about injury claims. If you are ready to move forward with a claim, your attorney can help you submit it right away.
Personal injury law firms encourage their clients to pursue the most damages possible. Your attorney may help you calculate your losses. They may put together a request for a reasonable amount of damages you can use to fully recover from your injury.
Personal Injury Damages
You may be eligible for economic and non-economic compensation. A judge or jury may offer economic damages for quantifiable losses and non-economic compensation for subjective ones. Reasons why a judge or jury may provide you with damages include:
- Emotional distress
- Lost wages
- Medical expenses
- Property repairs or replacement
- Pain and suffering
There are times when a judge or jury will provide exemplary damages in conjunction with economic and non-economic compensation. These damages may be awarded to deter an at-fault party from committing future negligent acts.
How Much an Injury Case Is Worth
A personal injury law firm may view each case as its own entity. The firm’s attorneys may review your injury claim and help you add up your losses. Next, they may determine the amount you should request from an at-fault party. They may help you craft an argument designed to compel a judge or jury to award you this amount.
In the first few days after you suffer your injury, an at-fault party’s insurance company may reach out to you. They may offer a settlement that allows you to immediately get money. In exchange for accepting this proposal, you may lose the right to seek further damages.
There is a lot to consider about insurance adjusters and your Colorado Springs injury claim. Typically, insurers are focused on their clients’ best interests — not yours. If you accept a settlement offer without reviewing it with an attorney, you risk missing out on an opportunity to maximize your damages.
If you get a settlement proposal from an insurance provider, contact an injury lawyer to discuss the offer. Your attorney wants you to make an informed decision about a settlement proposal. They can help you assess an offer’s pros and cons. If you decide a proposal is less than what you want, you can decline it without any penalties.
Injury Case Settlement
There is no formula for how a settlement is calculated for a Colorado Springs injury claim. If the defendant in your case proposes a settlement, they may be looking to resolve your claim as quickly as possible. At the same time, they probably do not want to pay you the full amount of the damages you request. Therefore, it is beneficial to examine a settlement offer with an attorney. This can help you understand all an offer entails.
Your lawyer will not push you to approve or reject a settlement proposal. Rather, they can answer any questions you have about an offer. Your attorney welcomes your settlement offer questions. They will take the time to respond to your queries and ensure you understand the immediate and long-term ramifications of any decision you make.
As you evaluate a settlement offer, you may want to consider your injury-related expenses. These costs may add up. Regardless, you should request a sufficient amount of compensation to cover them. Otherwise, you may be forced to pay some or most of these expenses out of your own pocket.
If an at-fault party or an insurance company repeatedly contacts you about a settlement, it may be best to notify your attorney. You do not have to deal with pressure from the party responsible for your injury or their insurer. By telling your lawyer, they can handle communications with these parties on your behalf. Plus, your attorney can keep you up to date on settlement negotiations and any offers that come your way.
Personal Injury Case Trial
After you file an injury claim, it may be months before you are required to go to trial. During this period, your attorney may go back and forth with the defendant regarding a settlement. If no agreement is reached, you and your lawyer will get the opportunity to present your argument to a judge and jury.
Your attorney can explain if you have to go to court for your personal injury claim in Colorado Springs. Leading up to your trial date, your lawyer can let you know what to expect. They can explain the trial process to you. Your attorney will make sure you know what will happen once you enter the courtroom.
The cost of a trial and the time it takes to prepare for one can be significant. If you want to avoid a trial, your lawyer may be able to help you out. They can continue to negotiate with the party responsible for your injury before your courtroom proceedings get underway. When they do, they will provide regular updates. If you get a settlement offer that meets your expectations, you can accept it and forgo a trial.
Modified Comparative Negligence
There are at-fault laws in Colorado that may apply to your injury case. You may be found to be partly or primarily responsible for your injury. If this occurs, a judge or jury may limit the damages you get. Worst of all, a judge or jury may choose not to award you any compensation.
With modified comparative negligence, the damages you receive in an injury case may depend on your percentage of fault. In a case where you are determined to be 1-50% responsible, you can still receive compensation. On the other hand, if you are found to be more than 50% at fault, you may be ineligible for compensation.
As an example, a judge or jury may find you are 10% at fault for an auto accident. Based on this outcome, you are still able to get damages. What you may receive is 90% of the damages you initially requested.
Now, consider what may happen if a judge or jury says you are 51% responsible for an auto crash. In this situation, you are primarily at fault. As a result, the defendant may not have to pay you anything, and you may be responsible for all of your accident-related losses.
Personal Injury Claim Tips
Getting compensation in an injury case can be challenging. No matter what happens, there are many things you can do to put yourself in a great position to secure damages. These include:
Take Care of Yourself
You may have concerns about the costs of your medical treatments — and rightfully so. Keep in mind if you ignore these treatments, your injury may get worse. The defendant in your case may also use your decision to forgo medical care as part of their argument against you. By taking care of yourself, you can continue to recover from your injury. Your attorney can help you track your medical bills and make sure you account for them in your request for damages.
Do Not Post Content About Your Injury on Social Media
There are many legal mistakes to avoid after a car accident in Colorado Springs or any other incident that leaves you with an injury. One of the worst things you may do is publish photos and videos on social networks relating to your injury. If you post content online, the defendant in your case may be able to access it. They may use this content to show your injury is not as serious as you first reported. Instead of using social media to share information about your injury, use phone calls, texts, and emails to keep family and friends up to date.
Do Not Speak with an At-Fault Party or Their Insurance Company
If an at-fault party or their insurer contacts you, it may be an issue. They may ask you to make a statement on the record about your injury or accept a settlement. In either of these scenarios, get legal help. An attorney can discuss your claim with other parties. They can keep you from saying or doing something relating to your case you may regret down the line.
Build Your Case
You may believe you have a strong case, but the legal system offers no guarantees. If you remain persistent, you may be able to gather many pieces of evidence to support your argument. You may also be able to connect with witnesses who can testify for you during your trial. Over time, you can develop a compelling argument that may lead the defendant in your case to offer a fair settlement.
Hire an Injury Lawyer
You do not have to go through the legal process on your own. By hiring an injury attorney, you can get the help you need to maximize your damages. A lawyer and their legal team are committed to your case. They can help you build an argument to convince a judge or jury to award you damages.
When you choose a lawyer who has plenty of personal injury case experience, you are in good hands. Your attorney will advocate for you throughout your litigation. They will commit the time and resources required to help you get the compensation you want.
Get Started with a Personal Injury Claim
You may have no idea if you have a viable injury claim. Fortunately, the injury attorneys at Heuser & Heuser, L.L.P. can evaluate your claim. We make it easy to submit a claim for damages. Our team will represent your best interests. To schedule a free consultation, contact us today.
