How a Denver Personal Injury Attorney Can Assist Colorado Victims of Negligence or Wrongdoing
Personal injury or tort cases can be brought in any situation where someone is injured by the negligence of another person, company, or entity. The aim of these cases is to make sure that injured victims are “made whole.” Having a knowledgeable Colorado personal injury attorney on your side is the best way to ensure that the laws work as they should protect you.
Those who have been injured need an advocate on their side who understands what they are going through and can help them to protect their legal rights. For more than 20 years, the experienced injury attorneys at Levine Law have been representing accident victims, helping them get the justice to which they are entitled under the law.
What is a Personal Injury?
Personal injury is a general term used to describe a wide range of physical impairments caused by a variety of accidents and mishaps. It also includes mental anguish and emotional distress that often results from accidents, as well as physical damage like vehicle wreckage in a traffic collision.
Our experienced attorneys assist people and families injured in a full spectrum of accidents, from car, truck and motorcycle crashes to slips and falls, medical malpractice and workplace accidents. We help clients get the full compensation available for their injuries, whether it’s broken bones, head, neck and back injuries or more catastrophic injuries.
A person who incurs a personal injury in Colorado has the right to take legal action to seek compensation from the people or entities responsible for the injuries. That includes negligent drivers (and sometimes their employers), as well as doctors who do not live up to their professional responsibilities and property owners that leave premises in unsafe conditions, among others.
What Steps Should I Follow After an Accident?
Although accidents can happen in many different ways, it is common to feel confused and aggravated in the aftermath of the incident. You may be unsure about the full extent of your injuries, grieving the loss of a loved one or trying to determine what happens next.
It is important to understand that the moments following an accident are a crucial time. What you do – and say – then can significantly impact your ability to get compensation for your injuries later.
- Get medical treatment for your injuries: The most important thing you can do is seek immediate medical treatment for your injuries. Even if you do not believe that you are injured, you should see a medical professional. Adrenaline and shock often kick in after an accident and can temporarily mask injuries. The sooner you see a doctor, the less likely you are to make any injuries worse. Having a record of medical treatment can also help you later prove your personal injury claim.
- Report the accident: For car crashes that result in vehicle damage or personal injury, you should call 911 to request emergency medical services and alert local police. You should also stay at the scene until police arrive and ask the responding officer to make a report. For slips and falls and other accidents on someone else’s property, you must alert the property owner.
- Collect and preserve evidence: This depends on the severity of your injuries but can be a critical step in building your claim. Take photos of the accident scene, including property damage and injuries. For car accidents, capture photos of skid marks, rail damage and other damage caused by the crash. For slips and falls, take photos of wet floors or anything that could have contributed to the accident. Do not get any property repaired or make changes to any kind of evidence until you’ve spoken to a personal injury lawyer.
- Document the accident in writing: Keep your own notes about what happened. Write down what happened before, during, and after the accident. Describe in as much detail as possible when and where the accident happened and any injuries you suffered. Memories fade. Start keeping notes as soon as possible in order to capture important details that you may forget later. Over time, continue to journal about your injuries and the impact on your day-to-day life.
- Speak with a Denver personal injury attorney: The sooner you speak with an experienced lawyer, the sooner the attorney can start investigating your case, identifying those responsible for the accident and proving their liability.
How Do I Know If I Have an Injury Claim?
When you have been hurt in a serious accident, the first thing you need to do is to make sure you get proper medical treatment. Once your immediate medical needs are attended to, you may begin to wonder whether you have the right to seek financial compensation for your injuries. While some individuals may try to navigate the legal system on their own to recover compensation, it is always best to work with a knowledgeable attorney who has experience handling cases similar to yours.
At Levine Law, our legal team has over 20 years of experience advocating for individuals who have been harmed in all types of accidents and injury cases. We offer free consultations where we will meet with you to review your case and outline all remedies that may be available to you. Levine Law listens carefully and believes in providing honest and straightforward answers to our client’s questions. There are many different factors that can affect the outcome of a personal injury case, so we want to make sure that our team of personal injury attorneys have all of the information to develop a complete picture of your situation.
In order to be successful in a personal injury lawsuit in Colorado, you need to be able to prove four core elements:
- Duty of Care. The first element that a plaintiff in a Denver personal injury action must establish is that the person or entity that caused the injury owed a duty of care to the plaintiff. The duty of care will depend upon the type of accident and the specific parties involved. For example, in a medical malpractice action, the plaintiff must demonstrate that a physician-patient relationship existed at the time of the incident. Receiving informal advice at a party from a doctor would generally not constitute a legal physician-patient relationship, whereas being treated by a doctor in the hospital would.
- Breach of the Duty of Care. Upon establishing that a duty was owed, the plaintiff must prove that the defendant breached that duty. A breach of duty occurs when the defendant violates the accepted standard of care, such as when an individual is texting while driving or a doctor makes an error in prescribing medication.
- The plaintiff must also prove that the injury he or she suffered was caused by the defendant’s breach of duty. Consider, for instance, a situation where a truck driver fails to stop at a red light and hits a pedestrian crossing in the crosswalk.
- In order to recover compensation, the plaintiff must be able to establish that he or she suffered harm and incurred losses as a result of the defendant’s breach of duty. Depending on the specifics of the case, a damages award can compensate a victim for physical, emotional, and/or financial harm and losses.
While at first look, these four elements may appear to be straightforward, the reality is that proving all of these elements in a personal injury case can be very challenging. At Levine Law, your personal injury lawyer will undertake a thorough and careful review of your situation to determine whether all four of the required elements can be established. The founder of our firm, Jordan Levine, has handled hundreds of personal injury cases on behalf of injury victims throughout the Colorado area. He knows how to properly investigate and analyze the facts and evidence to build the strongest possible cases for his clients.
In Colorado, as in other jurisdictions, personal injury damages can be separated into three broad categories: economic damages, non-economic damages, and punitive damages.
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What Types of Compensation Can A Denver Personal Injury Attorney Recover in a Personal Injury Case?
In most personal injury disputes, the plaintiff is entitled to recover both economic and non-economic damages.
Economic damages include all financial losses associated with the accident:
- Medical expenses (past and future)
- Wage loss (past and future)
- Loss of future earning capacity
- Property damage
- And more
Non-economic damages include all losses that are not easily measurable from a financial standpoint. Typically, these losses are more personal and subjective:
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Humiliation
- Loss of companionship, guidance, etc.
- And more
The third category — punitive damages — is somewhat different. It is only infrequently awarded, and that too, for a different purpose. Unlike economic and non-economic damages, punitive damages are awarded to discourage others from engaging in similarly problematic conduct.
As such, punitive damages are meant to be quite significant to achieve their “discouraging” effect. Punitive damages operate as a multiplier on the pre-existing economic and non-economic damages. So, for example, if you are entitled to a $100,000 recovery, then the punitive damages awarded could be up to $700,000, making for an $800,000 recovery in total.
To make a claim for punitive damages, your personal injury attorney will have to show that the defendant engaged in willful, malicious, or egregious misconduct. The court will also have discretion as to whether to award such damages even if you qualify.
What is My Personal Injury Case Worth?
The value of any personal injury case varies widely based on the unique facts of the situation. The factors that determine how much a case might be worth include the extent of the injuries and property damage caused by the accident, as well as the strength of the available evidence. Your compensation is likely to be reduced, for example, if you are determined to be partly to blame for the accident.
What is the Settlement Process in Colorado?
Settlement discussions often begin with a demand letter. A person who has been injured in an accident explains why a person or entity responsible for the accident is legally liable and demands compensation for the injuries.
The investigation and preparation that goes into this letter are key. The stronger the case, the better chance it can be resolved through settlement.
An experienced Denver personal injury attorney at our firm will take the time to investigate the accident, identify witnesses, gather evidence, and detail the full extent of the injuries. The injury lawyer will also identify those responsible for the accident and explain the case in a clear and compelling demand letter.
The demand letter typically states that the injured person intends to file a lawsuit if the parties cannot agree. One of the primary benefits of settlement for everyone involved is that it allows them to avoid a full-fledged court battle and the time, cost, and stress that often comes with it.
The letter usually kicks off a series of negotiations. Our lawyers will keep you fully apprised of these negotiations and any settlement offers. We will also ensure that you understand your rights and options every step of the way.
If the parties can reach a deal, it is captured in a written settlement agreement. The agreement is a binding legal document, typically indicating that the injured person is giving up their right to sue for specific compensation.
If the parties cannot reach a deal, the injured person is likely to file a lawsuit. Settlement discussions often continue once the suit has been filed and the court process begins.
What Will Levine Law Do for My Injury Claim?
When you are injured due to the negligence or carelessness of another, you generally have two options to recover compensation from the responsible party:
Negotiating a settlement or Filing a lawsuit.
Regardless of which option you choose, our attorneys have extensive experience helping personal injury victims and their loved ones recover maximum compensation for the harms they have suffered.
Whether you decide to settle or pursue a lawsuit, it is important to recognize that large corporations and insurance companies are notoriously difficult to deal with. When a personal injury claim arises, their objective is to pay out the least amount of compensation possible. At Levine Law, we are not intimidated by big corporations and powerful insurance companies. While many of our cases are resolved through negotiated settlements, your Denver injury attorney is certainly prepared to battle it out in court if a fair settlement cannot be reached in your case.
When Should You Contact a Personal Injury Lawyer?
It is important to understand that if you or a loved one are hurt or killed due to the negligence of another, you will only have a limited period of time to pursue a legal claim for damages against the responsible party or parties. This time period is known as the “statute of limitations.” The statute of limitations for a particular case is based upon the specific cause of action along with a number of other factors surrounding the case.
General Personal Injury Cases
In Colorado, the current statute of limitations for filing a general personal injury action, such as a slip and fall or a dog bite, is two years. In the event you fail to meet this deadline, you will generally be barred from pursuing a lawsuit for damages.
Injury Cases Involving Motor Vehicles
If your case involves a car, motorcycle or other types of a motor vehicle, the statute of limitations will be extended to three years from the date of the crash. However, if an individual has died in the accident and you are filing a wrongful death lawsuit, you will only have two years to file your claim because, in Colorado, wrongful death lawsuits are subject to a two-year statute of limitations.
The “Discovery Rule” Exception
In some situations, an injury may not be apparent until long after the negligent act has occurred. In other cases, it may not be reasonable for a person to know the cause of his or her injury. In Colorado, the “discovery rule” acts as an exception to the standard statute of limitations deadline. Under the discovery rule, the applicable statute of limitations does not begin to run until the date upon which you discovered or should have discovered through the exercise of reasonable diligence, that you suffered an injury that was caused by the negligence of another.
For instance, if you are a victim of medical malpractice, the statute of limitations will start running on the date you either know or should have known that your injuries were caused by the malpractice of your health care provider. Additionally, if your injury claim involves a minor child (a child under the age of 18), different time deadlines may apply for filing your lawsuit.
Figuring out the applicable statutory deadline for a personal injury action can be a very complicated process. Because time is ticking, it is critical to speak with a Denver personal injury lawyer as soon as possible after an accident or injury occurs. When you contact Levine Law, our injury attorneys will examine your case to determine how much time you have to pursue your claim under the applicable law.
Even if you think that the statute of limitations may have expired, we encourage you to reach out to us immediately so that we can determine what options may be available in your case. We welcome you to contact us for a free consultation with a caring Denver injury firm
How Much Does It Cost to Hire a Denver Personal Injury Lawyer from Our Firm?
As a personal injury law firm, we represent our clients on a contingency-fee basis. In this article, we will explain what that means and why it is important for your case.
1. No Fee Unless We Win
When a personal injury lawyer represents you on a contingency-fee basis (or “on contingency”), this means that you will not be required to pay any legal fees unless your case is successful. In other words, your lawyer’s payment is “contingent” upon the success of your case. Success could mean a settlement through the insurance companies or a verdict in court; but, either way, it means that you receive financial compensation for your injury-related losses.
2. Advanced Costs
In personal injury cases, we also advance all of the costs involved in pursuing a financial recovery. Depending upon the facts involved and the length of the case, these costs have the potential to be substantial. We will pay your court costs, investigator fees, witness fees, copying fees, and any other expenses so that you do not have to worry about coming up with the money to fund your case while your claim is pending.
3. Settlement or Verdict
If your case is successful, you will receive financial compensation through either a settlement or a verdict. When you receive a settlement offer, it is up to you to decide whether to accept or push for more. Our attorneys will discuss your options with you and help you understand your chances of securing additional compensation at trial so that you can make an informed decision about when to resolve your case. At this point, we will also discuss your legal fees and costs with you so that you know exactly how much you can expect to take home.
4. Payment of Legal Fees and Costs
Once you accept a settlement or receive a verdict, then our firm becomes entitled to payment. Our legal fees will be calculated as a percentage of your award, and we will recoup our actual costs incurred in pursuing your case. Personal injury awards are not taxable, so you don’t have to worry about deducting these fees and costs to determine what you owe the IRS in April.
5. Full Compensation for Current and Future Losses
When you file a personal injury claim in Colorado, you are entitled to seek full compensation for all of your injury-related losses. This includes current and future medical expenses, loss of income, pain and suffering and other forms of financial and non-financial harm. In order to calculate these losses, you will need to work with an experienced personal injury attorney, and you will need to obtain a diagnosis from a physician who specializes in treating patients with traumatic injuries. While it is true that you could avoid legal fees and costs by handling your claim on your own, the reality is that, without legal representation, you are likely to receive far less than you deserve.
Contact Levine Law Today
An experienced personal injury attorney who knows how insurance companies, large corporations, and other attorneys approach settlement can provide vital assistance throughout the settlement process. Many insurance companies, in particular, try to push lowball settlements in the aftermath of a crash. Our injury attorneys give clients the ability to focus on their physical and medical recovery with the peace of mind that comes with knowing we are fighting for them.
Do not go it alone. A knowledgeable personal injury attorney at Levine Law will work aggressively to get you the money you deserve.
If you or a loved one has been injured, call Levine Law today at 303-333-8000 or contact us online. Your consultation with a top Colorado personal injury lawyer is free, and you only pay legal fees if your case is successful. Our legal team is committed to providing you with exceptional representation every step of the way. In addition to our Denver office, we also have locations in Colorado Springs, Loveland, and Fort Collins.
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Personal Injury FAQ
If you or a loved one is hurt in an accident or by someone’s negligence, you may be entitled to receive financial compensation from the party that is liable for your injuries — even if you were partly at fault. You do this by filing a personal injury claim. Some claims will be settled with the insurance company, but some cases go to court. In order to make sure you are being treated fairly and receive the most compensation possible, it is strongly encouraged that you speak with a Denver personal injury attorney.
Non-economic damages are intended to compensate for the non-economic impact of an accident. That includes compensation for pain and suffering, emotional trauma and the loss of enjoyment of life.
In the tragic event that a person dies in an accident, their family members can also seek compensation for loss of consortium. These damages are meant to cover the loss of the person’s companionship and affection, support, parenting time, and intimacy between spouses.
Because non-economic damages can be difficult to quantify, it is vital to have an experienced personal injury lawyer in your corner. Once you sign a settlement agreement or a court orders a certain award amount, you cannot go back and ask for additional compensation.
Punitive damages are generally designed to punish bad behavior by those responsible for an accident. They are awarded in cases involving fraud, recklessness and malicious intent. They are often awarded for car accidents caused by drunk or drugged drivers and medical malpractice or nursing home neglect cases that involve a complete disregard for reasonable safety standards.
State law imposes certain caps on some types of damages. An experienced accident attorney at Levine Law can help you fully understand those limits and determine what your case is potentially worth.
Insurance companies and others take several factors into account when deciding whether to settle a case and how much money to offer to resolve the matter. Those factors include:
- Proof of fault: The stronger the case for liability, the more likely the responsible party will try to settle it. Settlements allow an insurer or other entity to avoid the costs of going to trial and reduce the risk of a court decision.
- Extent of injuries: The more serious the injuries, the more money that the responsible party will be willing to pay to resolve the case.
- Medical costs: Doctors’ bills and other costs directly related to the injuries directly determine the settlement amount.
Regardless of the situation, it is ultimately up to you to decide whether to accept or reject any settlement offer. At Levine Law, we are seasoned litigators who stand ready to go to trial with our clients in the event that an agreement cannot be reached.
Emotional distress covers any psychological reactions that a person has to a traumatic injury or event. These reactions affect the victim’s daily life, from sleep loss to an inability to concentrate. Victims often have uncontrollable emotional reactions — crying, depression, fear, panic — following an accident, and these reactions can be hard to shake, so much so that the victim’s personal life may end up in chaos while he or she tries to handle the aftermath.
Proving emotional distress can involve a variety of factors, some of which are below:
- Medical evidence — Although emotional distress does not have physical manifestations, it does have an impact on your health that can (and should) be evaluated by your doctor. Including an assessment from a physician or a psychologist in your claim can help demonstrate that your distress is real.
- Related physical injuries — If you’re suffering from sleep deprivation, you may develop headaches as a result. If you can link the two (or other similar physical issues), you may be able to demonstrate the severity of your distress.
- Intensity and duration — The longer you suffer, the more you should be able to recover. But for emotional distress, the length of your distress can provide a baseline for how serious the trauma is. For example, if you struggle with stress and anxiety six months after an accident, you may have underlying emotional pain to blame.
- Underlying cause — The cause of your emotional trauma may lend credibility to your claim as well. If you were rear-ended, chances are you won’t recover much from an emotional distress claim. But if you were involved in a three-story slip and fall, for example, you could suffer extreme anxiety with respect to heights, which can be linked to your emotional response.
In order to assess whether the insurance companies are offering a fair settlement, you need to know who caused the accident and what you can expect in terms of the long-term effects of your injuries. Both of these require the help of a personal injury attorney who can conduct a thorough investigation and accurately assess your financial and non-financial losses.