Colorado Personal Injury Lawyers

The University of Colorado Hospital (UCH) emergency department alone sees over 100,000 visitors each year, many due to injuries and accidents. Across the state, hundreds of thousands of people are injured every year, in incidents that range from mild to life-threatening.

If you’ve suffered a serious injury, it’s not just your health that can be affected. Visiting Colorado’s state-of-the-art emergency departments, urgent care centers, and medical facilities is expensive, and the costs can add up if you can’t work because of your injury and also need ongoing care.

In these situations, it’s valuable to consult with Colorado personal injury lawyers, who can explain whether you have the right to seek compensation for your injuries. Compensation can help you replace lost income, pay for medical care, and more. If you’ve been injured and would like to know whether you have a claim, contact the Denver office of Flaxman Law Group at 970-999-0530 for a free consultation.

What Is a Personal Injury Claim?

A personal injury claim is a legal process that lets individuals who have been injured due to another party’s negligence or wilful actions to seek compensation for their losses. Whether you have been involved in a car accident, slipped and fallen in a store, or suffered from medical malpractice, a personal injury claim could help you recover financial damages for your injuries.

In Colorado, the goal of a personal injury claim is to make the injured person “whole” again by providing the financial resources necessary to cover the costs associated with their recovery. These types of claims can also help individuals get closure and answers when it comes to an accident or injury.

In many cases, claims can also be a powerful way to seek justice. For example, if you’re injured in a store because a store manager failed to clean the floors and you fell, a claim will hold the store accountable. In most cases, it will also encourage the store to create new policies to prevent others from being hurt.

If you or a loved one has suffered an injury due to someone else’s actions, it’s crucial to act quickly. Contacting an experienced attorney as soon as possible will help ensure that you have the best chance of recovering compensation for your losses.

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The Personal Injury Claim Process

The process of filing a personal injury claim can take months or even longer. While each case is a little different, typically it involves the following steps:

• Initial Consultation. The first step in pursuing a personal injury claim is usually to consult with a Colorado personal injury attorney. During this initial meeting, your attorney will assess the circumstances surrounding the injury, review medical records, and determine whether the at-fault party’s negligence can be proven. An attorney will answer your questions and will help you understand how much compensation you may be eligible for. You should walk away with enough information to determine what you want to do next.
• Investigation. If you do decide to file a claim, your attorney will begin gathering evidence, including medical records, police reports, accident photos, witness statements, and expert testimony. Your attorney will also have access to private investigators and other professionals who can help. The goal is to build a strong case that demonstrates how the other party’s actions led to your injury and losses and to find all liable parties.
• Demand Letter. After getting a clear picture of your case and with evidence in hand, your attorney will send a demand letter to the responsible parties or their insurance company. This letter outlines the details of your injury, why the party is responsible for your injury, and the amount of compensation you are seeking. At this point, the insurance company may respond with an offer, and your attorney will start negotiations.
• Negotiation. Most personal injury claims in Colorado are settled out of court. Your attorney will work to negotiate a fair settlement with the at-fault party or their insurance company. While many cases are resolved during this stage, it’s still important to have an attorney who is willing to take the case to court if the settlement offer is insufficient to cover your costs.
• Filing a Lawsuit. If a fair settlement cannot be reached, your attorney may recommend filing a lawsuit. This formal legal action involves taking your case to court. Filing a lawsuit will lead to discovery, where both parties exchange information and evidence. However, your attorney may continue to negotiate until the trial date, so you may still reach a settlement before the case goes to trial.
• Trial and Verdict. If your case goes to trial, your attorney will present your evidence and make arguments before the courts. The defendant’s legal team will present their side of the case. After reviewing the evidence and listening to both sides, the judge or jury will issue a verdict. You may be awarded compensation.
• Post-Trial. If the court rules in your favor or if a settlement is reached, compensation will be awarded. This may include funds for medical bills, lost wages, pain and suffering, and other related costs. In some cases, a structured settlement may be offered, meaning payments are made over time instead of as a lump sum. If your attorney worked on a contingency fee basis, he or she did not collect legal fees until now. If that’s the case, your lawyer will get paid from the proceeds of settlement. The rest will be yours to keep.

As you can see, the process can be complex, which is why you want experienced Colorado personal injury lawyers representing you. When you work with a lawyer, your attorney will take care of the process, from investigating your accident to filing the paperwork to negotiating and more. This allows you to focus on your well-being.

How Do Personal Injuries Commonly Happen?

In many situations, personal injuries happen because someone else failed to act responsibly or carelessly disregarded safety precautions. Common situations where these injuries happen include:

• Car Accidents. One of the most common causes of personal injuries, car accidents can occur due to distracted driving, speeding, driving under the influence, or failure to follow traffic laws.
• Other Traffic Accidents. Motorcycle crashes, truck collisions, bicycle accidents, and crashes involving ATVs, RVs, buses, and other vehicles can lead to a range of injuries, from broken bones to brain and spinal cord injuries. While they’re called “accidents,” many traffic collisions are caused by driver negligence and other preventable causes.
• Slip-and-Fall and Trip-and-Fall Incidents. Wet floors, debris, poor lighting, and other hazardous conditions can cause falls that result in serious injuries, especially for older adults.
• Workplace Injuries. Work-related accidents, including falls, heavy lifting injuries, exposure to hazardous materials, or accidents involving machinery, are all too common in most industries.
• Medical Malpractice. When doctors, nurses, or other healthcare professionals fail to provide an adequate standard of care, it can lead to complications, injuries, or even death. Medical malpractice cases can include surgical errors, misdiagnoses, or incorrect treatment.
• Product Defects. Unsafe products can cause injury, whether it’s a malfunctioning vehicle part, a dangerous toy, or poorly designed household appliances. Manufacturers have a responsibility to ensure their products are safe for consumer use and they can be held liable if they negligently design products that cause harm.
• Premises Liability. Property owners are responsible for maintaining their property in a safe condition. If someone gets injured because of unsafe conditions on someone else’s property—conditions that can include unsecured swimming pools, poor lighting, uneven walkways, or even toxic mold issues in Colorado apartments—the property owner may be held liable.

It’s important to realize that it’s not always easy to recognize when negligence played a role in your accident and injuries—which makes it hard to tell whether you have a personal injury case. If you have been injured and aren’t sure whether negligence played a role, it makes sense to consult with Colorado personal injury lawyers, who can look into the circumstances of your accident and tell you if you have a case.

What Types of Injuries and Damages Can Result?

Personal injuries can lead to a wide variety of injuries and damages, including property damage, physical injuries, and emotional trauma. A serious injury can lead to:

• Broken bones.
• Spinal cord injuries, which can cause partial or total paralysis.
• Traumatic brain injuries (TBI), which can cause long-term cognitive, emotional, and physical impairments.
• Burns that can lead to permanent scarring, disfigurement, and mobility issues.
• Whiplash and tissue injuries.
• Internal injuries, including damage to organs.
• Amputations.
• Facial injuries that can affect your senses, including your vision, and your ability to speak and eat.
• Post-Traumatic Stress Disorder (PTSD).
• Depression and anxiety.
• Mood swings and personality changes.
• Sleep disturbances.

These injuries can not only cause pain and suffering, but they can affect your ability to care for yourself and to go to work. They can also result in high medical bills. The financial effects of a serious injury can last for years, which is why it’s important to pursue any compensation you may be eligible for. If your injuries were caused by someone’s negligence, you may be able to pursue financial damages for:

• Medical expenses, including emergency care, surgeries, physical therapy, medications, follow-up visits, and any other care you need.
• Lost wages, if you are unable to work due to your injury.
• Expected future lost income and earnings capacity.
• Future medical costs for severe injuries that require ongoing treatment and long-term care.
• The pain and suffering you’ve endured because of your injury.
• Punitive damages, in cases where the at-fault party acted intentionally or was especially egregious.
• Incidental costs, such as the costs of making your home more accessible to accommodate your injuries.

If you’ve been injured, it’s essential to speak with Colorado personal injury attorneys who can help you understand the full scope of your injuries and the potential damages you may be entitled to recover. Every case is different, so getting an accurate evaluation is important to make sure you can pursue compensation that protects your financial future.

Statute of Limitations for Colorado Personal Injury Cases

In Colorado, the statute of limitations sets the deadline for filing a personal injury claim in court. If you fail to take legal action within this time frame, you lose your right to seek compensation.

In Colorado, the statute of limitations for most personal injury cases is two years from the date of the accident or injury. If you don’t file your claim within two years, you may be barred from recovering damages, no matter how strong your case might be.

The statute of limitations exists to ensure that claims are filed while evidence is still fresh, witnesses are available, and the facts are clear. It also encourages the timely resolution of disputes. After the statute of limitations expires, the defendant can file a motion to dismiss your case, and the court will likely dismiss the claim.

There are exceptions, however. For example, if the injured party is a minor, the statute of limitations may not begin until they turn 18. Additionally, if the responsible party is not immediately identifiable, the statute of limitations might be delayed. There may also be other exceptions, so it’s important to consult with an experienced personal injury attorney to understand how these rules may apply to your case.

Even though you may have two years to file, you will not want to wait until the last minute. In general, the sooner you file, the stronger your case. When you file quickly after your injury, your attorney will be able to secure more evidence and witness memories will be more reliable.

At Flaxman Law Group, we can help you understand the statute of limitations for your case and we can get to work on your case quickly, so your rights are protected. Our family-based team has over 60 years of combined legal experience, and we’re proud to serve clients across Colorado.

Don’t risk losing your right to compensation by missing key deadlines. Contact us today at 970-999-0530 to schedule a free, no-obligation consultation.