Personal injury cases can get quite complex, as many factors are relevant to determining your likelihood of victory (or settlement) and the value of your claim. For this reason, securing an experienced Denver personal injury attorney from the very beginning of the claim process is critically important. Zinda Law Group explains three of the factors that determine the success of your personal injury claim.
Certain facts about the diagnosis and treatment of your injuries will increase the value of your non-economic damages (such as pain and suffering or mental anguish), and certain other facts could reduce it. The following factors are particularly important:
- The nature of your injury: Painful and long-lasting injuries are more likely to support a higher damages claim.
- The nature of your medical care: Medical care that is long on diagnosis and short on treatment is less likely to justify a high damages claim.
- The identity of your health care provider: Ongoing care from a medical doctor is more likely to support a high clam value than care from a chiropractor or a physical therapist, for example. Consistent medical treatment with one health care provider also demonstrates the continuing nature of the injury.
In addition to purely medical considerations, certain legal factors can be critical to protecting the value of your claim:
- The statute of limitations: In Colorado, the statute of limitations generally requires you to file a lawsuit within two years of the date of the accident, although there may be limited extensions if the person did not discover the harm right away. This time period can be reduced significantly if the defendant is a government entity. If the statute of limitations deadline passes and you have not yet filed a lawsuit, the value of your claim could drop to zero. Many defendants will try to run out the clock, which is why it is critical to consult with a knowledgeable personal injury attorney as early in the process as possible.
- Your degree of fault, if any: Colorado applies a modified comparative fault rule that will deny you any compensation at all if you were at least 50 percent at fault in the accident (as determined by the court). If your degree of fault was less than 50 percent, your damages will be reduced by your degree of fault. If your damages are $50,000, for example, and you were 20 percent at fault, your damages will be reduced by $10,000 and you will receive $40,000.
Quality of Representation Factors
Since personal injury cases are often very complex, the quality of your legal representation can make a critical difference. A good personal injury attorney knows the ins and outs of how to secure persuasive, admissible evidence in support of your claims. Furthermore, your accident attorney should know how to conduct a thorough enough investigation to accurately estimate your future damages. If they underestimate the true value of your claim, and you realize it 10 or 20 years from now, it will be far too late to amend your claim.
Call Zinda Law Group Now to Learn About Your Legal Options
Zinda Law Group serves the greater Denver area and focuses on providing excellent legal representation to our clients. Our skilled Denver personal injury lawyers understand the trauma endured from injuries, and they will fight vigorously to see that you do not have to add financial insecurity to your list of troubles. If you have suffered a personal injury, call us at 303-800-1501 to schedule a free consultation.