If you’ve been injured in an accident in Colorado Springs, you may be uncertain about how to recover compensation from the responsible party. One of the best things you can do in these circumstances is start getting informed about how the legal process works so that your case gets off on the right foot.
Below are answers to some of the most common questions our attorneys hear from people in your situation. While every case is different, these FAQs should give you a solid foundation for understanding your rights under Colorado law.
What Types of Cases Qualify as Personal Injury Claims?
Personal injury law covers a broad range of situations in which someone is injured due to another party’s negligence or wrongful conduct. In Colorado Springs, some of the most common types of cases include:
- Car accidents and other motor vehicle crashes
- Slip and fall injuries on someone else’s property
- Dog bites and animal attacks
- Workplace accidents
- Medical malpractice
- Defective products
- Wrongful death of a loved one
If your injury was caused by someone else’s carelessness, there’s a good chance you have a valid claim. Qualified personal injury lawyers can evaluate the details of your situation during a free consultation and let you know where you stand.
What Happens if I Was Partially at Fault for the Accident?
Colorado uses a modified comparative negligence law. This means you can still recover compensation even if you share some of the blame for what happened, as long as your level of fault is less than 50%. Your total award will be reduced by whatever percentage of responsibility is assigned to you.
For example, if a jury determines that your damages total $200,000 but you were 25% at fault, your recovery would be reduced to $150,000. If your share of the fault reaches 50% or higher, however, you will likely lose your right to recover anything. Insurance companies frequently try to push that number up, which is one reason having a lawyer on your side makes a real difference.
What Types of Damages Can I Recover?
Compensation in a Colorado personal injury case generally falls into two main categories. Economic damages cover your tangible financial losses, such as:
- Medical bills
- Lost wages
- Reduced future earning capacity
- Property damage
- Out-of-pocket expenses
Non-economic damages compensate for the more personal side of your injuries. These include things like:
- Pain and suffering
- Trauma
- Emotional distress
- Loss of enjoyment of life
- Loss of consortium
In rare cases involving especially reckless conduct, punitive damages may also be available to punish the at-fault party and discourage similar behavior in the future.
How Much Is My Colorado Springs Personal Injury Case Worth?
There’s no simple formula for putting a dollar figure on a personal injury case. Every claim is unique, so a number of factors play into what your case may ultimately be worth:
- The severity of your injuries and whether they caused any permanent impairment
- The total cost of your medical treatment, both past and projected
- How much income you’ve lost and whether your earning capacity has been affected long-term
- The strength of the evidence establishing the other party’s fault
- The limits of any applicable insurance policies
- Your age and overall health at the time of the accident
- The nature and extent of your pain and suffering
In some cases, your lawyer may bring in experts like forensic economists and life care planners to document the full scope of your losses.
Do I Need a Lawyer for My Personal Injury Case?
You are not legally required to hire a lawyer, but doing so can make a significant difference in the outcome of your case when all is said and done. One primary reason for this is that you’ll likely need to go through a powerful insurance company to recover compensation that has an entire legal department on its side, helping it minimize claims.
An experienced personal injury attorney can ensure your claim is set up for success and that you aren’t taken advantage of by the other side. Having a lawyer in your corner also lets the defendant know that you are capable of taking your case to court if needed, which could increase your leverage at the settlement negotiating table.
How Long Do I Have to File a Personal Injury Lawsuit in Colorado?
Colorado imposes strict deadlines, known as statutes of limitations, for personal injury cases. For most personal injury lawsuits, you have two years from the date of the injury to file a lawsuit per C.R.S. § 13-80-102. Motor vehicle accident cases have a slightly longer window of three years under C.R.S. § 13-80-101.
Missing the applicable deadline almost always means losing the right to pursue compensation entirely. However, note that there are exceptions that can sometimes change the time limit, making it important to seek legal advice as soon as you can.
Contact a Colorado Springs Personal Injury Attorney at Kimball Injury Law, LLC Today to Schedule a Free Consultation
If you still have questions, the best next step is to reach out for a free consultation. The legal team at Kimball Injury Law, LLC can review the facts of your situation and walk you through your case from start to finish.
Our Colorado Springs personal injury lawyer also handles personal injury cases on a contingency fee basis, which means you only owe attorney’s fees if we secure compensation on your behalf. Call today or reach out online to get started.
Visit Our Colorado Springs, CO Law Office
Kimball Injury Law, LLC
685 Citadel Dr E #375, Colorado Springs, CO 80909, United States
(719) 357-9444
