If you or a loved one has had a serious injury, a Denver personal injury attorney will help protect your rights, and provide the guidance and care you need. Schedule a free consultation with our injury lawyers to see how much financial compensation you can get from your case. Find out how much your PI claim is worth today from our award-winning attorneys.
What is personal injury?
Under Colorado law, when a person suffers harm due to the negligence or failure of another person to exercise reasonable care, then it results in a case of personal injury. The harm caused to another person can be physical such as bodily injuries, emotional such as mental suffering or in the form of property damage such as damage to a vehicle or it can also result into the death of a person. In order to have a successful claim, a three step criteria need to be fulfilled:
- Duty of care: The person against whom a personal injury claim in Denver is to be filed should have a duty of care towards the person who suffered harm.
For example, a car driver has a duty of care to ensure that he drives in a safe manner and follows all traffic rules to ensure the safety of his fellow passengers on road.
- Negligence/ failure to exercise reasonable care: The person against whom a personal injury case is to be filed should have been negligent or careless in exercising reasonable care while fulfilling his duty of care.
For example, a car driver who exceeds the permissible speed limit or ignores a traffic light is negligent in his duty of care towards other fellow passengers on road.
- Harm resulting from negligence: The person who wants to file a personal injury claim should be able to show that the harm suffered by him was due to negligence of the other person against whom a personal injury claim is being made.
For example: When a person suffers bodily injury and damages to his car due to an accident caused by a speeding car, it can be said that the injury was caused due to the negligent behavior of the driver of the speeding car.
Auto accidents, pedestrian accidents, dog injuries, injuries due to defective products, injuries due to unsafe premises of another person are all example of personal injury cases.
Suffering electric shock due to a faulty product is also an example of a personal injury case.
When a delivery person suffers injury due to unmarked broken staircase, the property controller becomes liable.
When a customer slips due to unmarked soapy water at a shop, the shop owner becomes liable for a claim of personal injury.
What are the different types of personal injury cases in Denver?
In Denver, there are a wide variety of personal injury cases which include:
- Auto accidents: It includes car accidents, truck accidents, drunken driving cases or other road accidents involving motor vehicles such as motorcycle accidents fall under this category.
- Bicycle and pedestrian accidents: It includes bicyclists or pedestrians getting hit on the road.
- Product liability: It includes damages caused due to faulty products. For example, a faulty electric device.
- Premises liability: It includes injuries caused due to unsafe premises of another person. For example, injury caused due to an unmarked slippery floor.
- Dog bite/ pet injuries: It includes injuries caused by the pets of another person.
- Construction accidents: It includes accidents that happen at construction sites.
- Nursing home neglect: It includes abuse such as physical or financial abuse at nursing homes or care facilities.
- Workplace injury: It includes injuries caused to workers/ employees due to unsafe working conditions at a workplace.
- Insurance bad faith: It includes failure of insurance companies to act in good faith or within proper time.
- Catastrophic injury: It includes life changing injuries such as damages to brain or spinal cord.
- Toxic substance injury: It includes injuries caused due to the negligent handling of a harmful substance such as Carbon Monoxide.
- Burn injuries: It includes burn injuries such as injuries caused due to a faulty gas stove or fire at workplace.
- Wrongful death: It includes severe physical injuries resulting in death.
What are the different types of damages you can recover in a personal injury case?
In Denver, you can claim different types of damages in a personal injury claim. These include both economic and non-economic damages and include compensation for:
- Medical bills: Doctor visits, pharmacy expenses, therapy costs and other expenses made on medical care are included in this. It includes past, present and future medical care costs associated with the injury.
- Loss of income & wages: Inability to attend work, permanent disability to perform certain kind of work. It includes damages for present and future ‘loss of earning capacity’.
- Property damage: Damages to vehicles, any valuable item inside the vehicle or other losses to a real property.
- Pain and suffering: Extreme discomfort and physical pain, both present and future which is attributable to the accident.
- Emotional distress: Mental and emotional trauma, post traumatic stress disorder (PTSD).
- Permanent disability or impairment: Facial disfigurement, paralysis, brain damages
- Wrongful death: The legal heirs of the deceased are entitled to compensation for the wrongful death of their family member.
- Punitive damages: In a few cases, a court may also award punitive damages which act as a deterrent for other people. These are awarded when the negligent behavior is extremely reckless or hazardous or displays willful misconduct or bad faith.
At Burnham Law, our attorneys are experts in dealing with personal injury claims and determining the types of damages that can be claimed in a personal injury case. If you believe that you or your loved ones have a personal injury claim, but you are not sure of the damages you can claim, contact us by filling our free consultation form or calling us directly at 720.845.7001 and our team will guide you in determining what types of damages you can claim in your personal injury case.
How long will it take to obtain my compensation for my personal injury damage?
‘When will I receive my compensation?’ This is one of the top questions a Denver personal injury victim will have in his mind. Although, there is no strict timeline for the same and the time may vary from case to case, various factors come into play while determining the time:
- Severity of injuries and recovery: Comprehensive medical reports are important to determine the extent of damage suffered.
- Unclear liability: When there are multiple parties involved or where the victim is partially at fault, then determining the liability takes longer time.
- No cooperation from the Insurance Company: Many times, insurance companies do not process claims fairly in good faith and try to delay and derail the claims.
- Negotiation and settlement: Many times, the parties, including the victim, the at fault person and the insurance company is unable to reach a settlement. The claim then has to go through a court process.
What is the time limit to file a personal injury case?
Under the laws of Colorado, personal injury claims are subject to time limits. While in most cases, the limitation period runs from the date of the accident, in some cases it may also run from the date of treatment or procedure. Usually, a period of two-year or three-year is the applicable time limit in a personal injury claim depending upon the type of the case.
Even if the limitation period has expired, sometimes an exception may exist under the laws of Colorado for filing a personal injury claim. Thus, it is important that you consult a personal injury lawyer as soon as possible to know your legal rights when filing a personal injury claim.
How much is your personal injury claim worth?
Although there is no straight jacket formula to determine the worth of a personal injury claim in Denver, the following damages will be included:
- Past, present and future medical expenses
- Present and future loss of income and loss of earning capacity
- Damages to Property
- Damages for pain and suffering, mental trauma, permanent disabilities
Determining the value of your case is not an easy task and requires the help of an experienced lawyer. Insurance companies will try their best to make sure you receive reduced compensation and will not take into account many relevant factors that increase your claim amount. Therefore, it becomes necessary to consult a personal injury attorney to know the true worth of your personal injury claim.
When should I consult a personal injury attorney?
It is advisable to consult a personal injury attorney in Denver CO as soon as possible to secure your legal rights and get the maximum compensation possible. The sooner you contact our attorney, the better the chances are that your case will move in the right direction. Our attorneys will also guide you on how to preserve and keep a record of the important evidence that will be used at later stages of your case.
Sometimes, insurance companies of the at fault parties will try to contact you and ask you to make certain written or recorded statements or even try to contact you while you are at the hospital. In such a scenario you should never answer them or make any statements without first consulting your attorney. These statements can have a huge impact on your personal injury claim. You should also not make any statements to your own insurance company without making a consultation with your attorney first.
Our attorneys will also guide you and negotiate on your behalf in the settlement process to ensure that you receive the maximum compensation possible for the injuries suffered by you.
We, at Burnham Law, provide a free consultation to evaluate your personal injury claim and therefore, you should contact us as soon as possible after suffering an injury to get the rightful compensation you deserve.
What to expect during your free consultation with our personal injury attorney?
At Burnham Law, we provide a free consultation to evaluate your personal injury claim. After you contact us, a trained paralegal or legal professional from our office will contact you and ask you relevant questions to understand your personal injury accident and prepare you for the consultation. During your free consultation, our attorney will:
- Evaluate and discuss the facts of your case and inform you about important evidence you should preserve. We will also tell you about how to deal with insurance companies.
- Examine the liability and compensation payable depending upon the merits of your case.
- Guide you through the legal process of dealing with insurance companies, settlement and court case, if required.
- Help you with any other information you would like to receive.
At Burnham Law, we believe in complete transparency and honesty. Thus, at our free consultation we will also inform you if our firm is the right choice for your personal injury claim. But once we decide to take your case, our experienced attorneys will help you in protecting your legal rights and securing the maximum compensation possible.
We also understand that going through a personal injury accident can be an emotional and traumatic experience. Thus, our office is open to any friend or relative accompanying you for your free consultation.
Frequently Asked Questions About Personal Injury Cases
In addition to the above mentioned information, the following questions can frequently arise in the mind of a personal injury victim:
What to do if an insurance company is contacting me regarding my personal injury Claim?
Whenever an insurance company contacts you or offers you a settlement, it is in your best interests that you do not engage in any conversation with them directly before consulting your personal injury attorney. This is because insurance companies may undervalue your claim, deny liability or ask you to make certain written or recorded statements which may go against you in a court case.
What types of insurance are relevant in a personal injury Claim?
There are several types of insurances that can be relevant in a personal injury Case. These include automobile insurance, homeowners insurance, health insurance, life insurance, disability insurance, business owners insurance, workers compensation insurance, commercial liability insurance. The applicable insurance can be best determined after consulting a personal injury attorney.
At Burnham Law, our attorneys are experts in dealing with personal injury claims and dealing with the insurance companies. If you believe that you or your loved ones have a personal injury claim, but you are not sure of how to deal with the insurance companies contacting you, contact us by filling our free consultation form or calling us directly at 720.845.7001 and our team will guide you through the process of determining the time limit.
Why choose our Denver personal injury attorneys and how they can help you in securing your legal rights?
If you have suffered serious injuries or damages due to the fault of another person, you should contact a local Denver personal injury attorney as soon as possible. At Burnham Law, our attorneys provide legal consultation and guidance for all types of personal injury claims. Our firm has a successful track record of helping personal injury victims in securing their legal rights and obtaining the maximum compensation possible for them.
Our attorneys have vast experience in dealing with insurance companies and negotiating a personal injury claim settlement on behalf of the victim. Our attorneys ensure that our clients receive the rightful compensation for the injuries suffered by them taking into account all the facts and circumstances of the case. Our attorneys also help our clients in representing them in court and our firm will take care of all the legal filings on your behalf. We understand that experiencing a personal injury accident can be an emotional and traumatic experience, so we provide a comfortable consultation environment to the victims of a personal injury accident so that they can freely tell us about all the pain and suffering caused to them.
If you believe that you or your loved ones are entitled to a personal injury claim, contact our attorneys right away by filling out the free consultation form below. Our law firm is here to provide you the guidance, care and help needed to make your experience easier and stress free.