If you have recently been injured in an accident in Southern Colorado, you might be wondering whether you should file a personal injury claim. A clear understanding your rights and potential for compensation is crucial during this challenging time.
Let’s explore what constitutes a valid personal injury claim in Colorado Springs and why so many Coloradans seek compensation to help them recover from their injuries.
Understanding Personal Injury Claims in Colorado
Before determining whether or not you should file a claim for personal injury, you need a firm understanding of what a personal injury claim is.
We might all associate these claims with car accidents, but in reality, various situations meet this qualification. A few of the most common types of personal injury cases are:
Motor Vehicle Accidents: Car, truck, or motorcycle collisions caused by negligent drivers
Slip and Fall Incidents: Injuries occurring on poorly maintained properties
Medical Malpractice: Harm or damage caused by the negligence of a healthcare provider
Product Liability: Any injury resulting from defective or dangerous products
In Southern Colorado, as in the rest of the state, personal injury occurs when you suffer harm due to someone else’s negligence or wrongful actions.
Elements of a Valid Personal Injury Claim
For your claim to be considered legitimate in Southern Colorado, it must meet the following criteria:
Duty of Care
The person or entity you’re claiming against must have owed you a duty of care. A common example is that a Colorado driver has the duty, or responsibility, to operate their vehicles safely.
Breach of Duty
You must prove that the responsible party breached their duty of care because of their negligence or intentional actions.
Causation
The breach of duty must link directly to your injuries. In other words, you wouldn’t have been injured if not for the other party’s actions or inactions.
Damages
The result of the accident must be calculable as actual damages, such as medical bills, lost wages, or pain and suffering.
Recent Changes in Colorado Personal Injury Law
Colorado has recently made significant changes to its personal injury laws, which could affect your claim:
Increased Damage Caps
In June 2024, Colorado increased the caps on non-economic damages in personal injury cases. This means that you may be eligible for higher compensation for pain and suffering, emotional distress, and loss of enjoyment of life.
Adjustments for Inflation
The same law that increases the caps on damages allows for future adjustments due to inflation every two years starting January 1, 2028. This ensures that compensation remains fair and relevant over time.
Types of Compensation Available
If you have a valid personal injury claim in Southern Colorado, you may be entitled to various forms of compensation, including:
Economic Damages: Tangible financial losses, including past, current, and future medical expenses, lost wages and loss of earning capacity, damage to property, and the cost of rehabilitation.
Non-Economic Damages: While economic damages typically have a trail of paperwork to substantiate the claim, non-economic damages are often intangible. Pain and suffering, emotional distress, loss of consortium for your spouse and loss of enjoyment of life all fall into this category.
Punitive Damages: In Colorado, the odds of receiving punitive damages for your injuries are not likely. Judges and juries typically only award this type of compensation when there is proof of intentional harm or extreme negligence. The word punitive is related to the word punish, and indeed, this compensation is intended to punish the wrongdoer and deter similar behavior.
Statute of Limitations
If you are delaying a decision to file a personal injury claim, you should know that Colorado law places strict time limits on filing claims. While there can be exceptions, the statute of limitations is two (2) years for most personal injury cases and three (3) years for car accident cases.
If you miss any of these deadlines, you may forfeit your right to seek compensation.
Factors That Strengthen Your Claim
To increase the validity and strength of your personal injury claim in Southern Colorado, consider the following:
Seek Prompt Medical Attention
Seek medical care immediately after your accident. This not only ensures your well-being but also establishes a documented link between the incident and your injuries.
Thoroughly Document the Accident
Your claim is only as strong as your proof. To that end, carefully document your medical treatments and bills. Take photographs of the scene of the accident and your injuries, collect contact information for any witnesses to the accident, and get copies of any accident reports related to the incident.
Be Consistent With Your Medical Treatment
Follow your doctor’s orders and attend all recommended follow-up appointments. Medical evidence will go a long way in demonstrating the seriousness of your injuries.
Limit Social Media Use
We live in a time where if you don’t post an event to social media, it may as well have never happened. But when you are in negotiations for compensation for your injuries, be cautious about what you post on social media, as insurance companies and their attorneys can use your posts to undermine your claim.
Retain Professional Legal Representation
Hiring an experienced Colorado Springs personal injury lawyer can help to strengthen your claim, ensuring ensure you receive fair compensation.
The Impact of Comparative Negligence
Under Colorado law, if you are partially at fault for your accident, the compensation you are eligible for may be less. However, as long as you’re less than 50% responsible, you can still recover damages. This is the modified comparitive negligance rule.
Challenges Your Personal Injury Claim May Face
Even if you take care to do all of the above, your personal injury claim may still face considerable challenges. A few of these include:
Insurance Company Tactics: Insurers may try to minimize your claim or deny it altogether.
Proving Fault: Establishing clear liability can be complex in some cases, especially in cases of comparable negligence.
Pre-existing Conditions: The defense may argue that your injuries were pre-existing.
Damage Caps: Despite recent increases, there are still limits on certain types of damages.
The Importance of Legal Representation
The legalities of a personal injury claim may seem overwhelming and complex, especially while you are in pain, trying to recover from your injuries. An experienced personal injury attorney can:
- Evaluate the validity of your claim
- Gather and preserve crucial evidence
- Handle negotiations with insurance companies
- Ensure you meet all legal deadlines
- Represent you in court if necessary
Remember, your focus should be on recovery. Let a legal professional handle the complexities of your claim while you concentrate on getting better.
Stop Wondering If You Have A Valid Personal Injury Claim – Speak With an Attorney Today
Are you enduring pain and suffering from an injury due to someone else’s negligence in Southern Colorado? Don’t let mounting bills and uncertainty about your future overwhelm you – take the first step toward recovery by reaching out to the experienced Colorado Springs personal injury attorneys at Newby Lindley Slater. We are ready to fight for you and make sure you get the compensation you deserve.
Schedule your free consultation and case evaluation today.
