Do I Need a Denver Personal Injury Attorney?
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Personal injury cases arise from a variety of accidents in which injuries are caused by someone besides the victims. If you were injured at the hands of someone else due to their negligence, you may have a personal injury claim. If someone else caused your injuries, that person should be held financially responsible. Car accident lawsuits are one of the most common personal injury claims. If you have been involved in an auto accident, one of our Denver personal injury lawyers may be able to help. Contact us today to find a Denver personal injury attorney near you.
If you or a loved one has been injured at the hands of someone else, call our accident attorneys in Denver, Colorado at Zinda Law Group at (800) 863-5312 for a 100% free case evaluation. We’ll help you determine whether it would benefit you to file a personal injury case.
what is the basis for a personal injury case?
The majority of personal injury cases will be brought under a legal theory known as negligence. To be successful in your claim for personal injury, you must be able to prove every element of negligence. You, the victim, have the burden of proof in negligence cases. This means that you must show that every element of negligence is met.
What is Negligence?
Negligence is a legal term that generally means someone failed to act as a reasonable person should have, which led to causing injury to another person. What is “reasonable” depends on the circumstances. Sometimes, standards are clear for how a person should conduct themselves. When there are not clear standards for how a person should act, then it is up to a jury or judge to decide whether the person was acting with negligence or not.
Some examples of clear standards for how a person should act are laws enacted for the safety of others, such as traffic laws to obey when driving. For example, it is illegal to drive while under the influence of alcohol or drugs. If a person chooses to drink and drive and causes a collision with your vehicle, they may be held responsible for their negligent actions, as well as any possible criminal violations.
The standard for how people should act can vary based on who the parties are and where the actions took place. Regardless of these circumstances, by law there are four main elements of negligence that must be proven:
1. There must be a duty owed to you by the defendant, either to act or refrain from acting.
2. There must have been a breach of this duty.
3. The breach caused your injuries.
4. You were actually injured or harmed in some way.
do i need a personal injury lawyer?
Many types of accidents could be the basis for a negligence claim and a claim for personal injury. Some of these cases can become very complicated. It is wise to reach out to one of our personal injury attorneys in Denver right away if you were injured in any way and you believe someone else may have been responsible.
To determine whether you need a personal injury lawyer, consider two main questions. First, was your injury caused by another person, not yourself, and by no fault of your own? Second, do you have actual injuries or damages?
If you were harmed as a result of someone else’s actions or inaction, then they may be liable to you for your injuries. Liability is a legal term that means that they are legally responsible to you for the harm that they caused. Injuries can be physical, mental, or emotional, but you must be able to prove them. Damages can be for any expenses incurred in repairing your personal property, such as your car if it was involved in a motor vehicle accident.
Personal injury claims are a way for victims to recover financially for any harm that was suffered due to someone else’s negligence. The person responsible for the harm will have to compensate the person harmed, in payment for both present and future damages that result from the accident. Sometimes, injuries can become worse or require long-term management. A personal injury lawyer will be able to help you consider any long-term expenses that may arise and help you calculate a settlement reward that accurately reflects the cost of all of your damages.
the most common types of personal injury claims
There are many accidents that can lead to a personal injury claim. If you have been a victim of any of the following accidents, you may have a claim for personal injury. Contact one of our personal injury attorneys if any of the following has happened to you or a family member:
- Bicycle accidents
- Car accidents
- Dog bites
- Drunk driving accidents
- Exposure to toxic or harmful chemicals or materials
- Gas explosions
- Injuries from using a defective product, device, food, or drug
- Injuries occurring on another person’s property
- Medical malpractice
- Mesothelioma diagnosis
- Motorcycle accidents
- Pedestrian accidents
- Slip and fall accidents
- Truck accidents
- Workplace accidents
- Wrongful death
types of damages that are typical of personal injury claims
Personal injury victims can suffer from a variety of damages and complications, but the most common injuries will be physical. Especially in car accident cases, physical injuries are one of the most common type of damages. While mental distress and pain and suffering are also common, these are harder to prove than physical damages. Physical injuries are usually associated with proof from doctors visits, medical bills, and visible harm. Psychological injuries are less tangible and material evidence of them may be difficult to show or explain.
Damages such as medical expenses, prescription medications, physical therapy, and follow-up care can all be proven by producing receipts and bills. You may also be able to recover for lost wages if you had to miss work as a result of your injuries. These damages are easily calculated and are known as “economic damages,” which are the damages you can recover for out-of-pocket expenses.
Damages for emotional harm such as mental distress, pain and suffering, loss of enjoyment of life, therapy sessions, or post-traumatic stress disorder resulting from the accident are non-economic damages; they are sometimes recoverable, but are harder to prove. Each person will have a different emotional response to trauma and accidents, so each case will be different in terms of how much, if anything, is recoverable.
additional factors to consider when filing a personal injury claim
Choosing to file a claim for your damages may seem overwhelming at first, but our experienced personal injury lawyers are here to help. Some of the factors to consider include making sure you file the claim in a timely fashion and do not do anything to delay or harm your case.
Colorado has a two-year time limit to file personal injury claims, starting from the date of the injury. This means that personal injury claims must be brought within two years or you will not be able to recover for your injuries; if you file after the two years has passed, then the court will dismiss your case and you will have to pay for your damages yourself. Hiring an experienced personal injury attorney is helpful to make sure you complete all of the filing in a timely manner.
Do not do anything that could harm or delay your case. For example, do not post anything about your accident or your injuries to social media. Keep communication about your accident with others to a minimum. Insurance claims adjusters will try to use anything you say against you in an effort to pay out less in a settlement. Once you have a personal injury lawyer assisting you with your case, insurance claims adjusters will have to speak directly with your lawyer instead of you.
Additionally, you should refrain from giving an insurance claims adjuster a recorded statement about the accident. Giving a recorded statement will bind you to what you said and prevent you from making changes; if you recall something incorrectly or forget important details, this could harm your case. Speak with your lawyer first and allow them to speak with the insurance claims adjuster on your behalf instead.
Make sure to follow all health advice from your doctor or physician; delaying the seeking of treatment or not following the advice of health care officials could harm your case. Refrain from activities that could exacerbate your injuries further, for this could make assessing your damages accurately more difficult. Be sure to complete all treatment, including physical therapy or medications as prescribed.
Get Help from colorado auto accident attorneys
At Zinda Law Group, we can help you find the best car accident lawyer near you as we are experienced and have handled many cases involving victims of car accidents. We have the knowledge and resources necessary to help you determine what to do next and to help recover the best possible outcome for your case.
Call us today at (800) 863-5312 for a free and confidential consultation with one of our car accident attorneys in Denver, Colorado. You will pay nothing unless we win your case. That’s our No Win, No Fee Guarantee.
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