Mintz Law Firm
Personal Injury Attorney in Boulder, CO
Severe injury can substantially impact not just your current life, but also your future. A severe injury is not only physically and emotionally painful, but it can often be financially detrimental. Even suffering from a temporary disability that impacts your ability to work can have long term consequences regarding your financial situation.
When your injury is caused by someone’s carelessness or recklessness, you may be able to hold the at-fault party liable for the medical expenses of your injury and other financial and emotional losses you suffered because of the injury. Contact a Boulder personal injury lawyer who can help assess the validity of your claim and provide you with the best strategy to recover maximum compensation.
Do You Have a Personal Injury Case?
Being hurt in an accident or incident does not automatically mean you have the legal right to pursue a personal injury claim. A personal injury case arises when harm is caused to a person because another individual behaved negligently. Most personal injury cases are built on a theory of negligence. A person or entity is negligent when they fail to exercise the appropriate level of reasonable care to prevent harming you or others. When that party’s actions or inactions cause you physical, emotional, or financial harm, you may be able to pursue compensation through a personal injury claim. Recovering compensation will require you or your attorney to prove the following four elements.
Duty of Care
A fundamental element of a personal injury claim is proving that the person or entity (the defendant) you are filing the claim against owed you a duty of care. Duty of care means that the defendant had a legal obligation to behave with the caution a reasonable person would exercise in similar circumstances.
Breach of Duty of Care
The defendant's actions or lack of action were reckless, careless, or without consideration for your safety. Therefore, they breached their legal duty of care.
The defendant’s breach of duty must be the direct cause or proximate cause (substantial contributing factor) of your injury.
“Damages” is a personal injury term that refers to the financial awards you may be entitled to recover. Damages may include:
- Loss of income
- Property damage
- Medical expenses
- Pain and suffering
- Permanent or temporary disability
A Boulder personal injury attorney can help you obtain the necessary evidence to prove these four elements and establish that the defendant is responsible for paying the damages you’ve suffered.
Who Can Be Held Liable for Your Injuries?
Liability is a term used to describe a person or entity who can be held legally and financially responsible for an accident or injury. When someone is liable, they are responsible for paying for your injuries and other related losses, usually using their insurance. The party who is liable for covering your damages depends on the type of accident and the circumstances surrounding your injury. Some of the most common parties who are liable in personal injury accidents include:
Motor Vehicle Drivers
All drivers are under a legal duty of care to anyone they share the road with, including cyclists, pedestrians, and motorcyclists. When drivers are breaking traffic laws or not following safety regulations and someone is harmed, they can be held liable for that harm.
Truck drivers, like motor vehicle drivers, are legally responsible for driving with the safety of others on the road in mind. When they fail to follow regulations, they can be held liable.
Truck companies are responsible for training their drivers to drive safely on the road. Furthermore, they may also be responsible for ensuring the truck's maintenance. When something malfunctions in the truck, they could be held liable alongside the truck driver or instead of the driver.
Property owners have a legal responsibility to keep their premises reasonably safe or provide proper warning if there are possible hazards on their property.
Product Manufacturers, Distributors, or Retailers
Companies responsible for product manufacturing, distribution, or selling must adhere to the legal standard of making the products reasonably safe or providing proper warning and instructions so consumers are aware of how to use the product to prevent injury.
Various parties may be held liable for your injury depending on the type of accident, which is why it’s important to consult a personal injury lawyer as soon as possible. An attorney who understands personal injury law can provide the legal guidance and representation you need to pursue your claim against the correct party and recover maximum damages.
How Long Do You Have to File a Claim?
Personal injury claims have deadlines known as a statute of limitations. Statutes of limitations help encourage injured victims to file their claims as quickly as possible, which helps preserve evidence and keep memories fresh. Below is a list of statutes of limitations that may apply to your claim.
- General personal injury: two years
- Motor vehicle accident: three years
- Premises liability accident: two years
- Product liability accident: two years (could be less if joined to a class action suit)
- Medical malpractice: two years
- Injury claims against the government: six months
If an injury is not immediately discovered, the deadline is one year from the date the victim discovered or should have reasonably discovered the injury. It’s essential to know the statute of limitations that applies to your case because if you miss the deadline, you will likely lose the chance to recover compensation. Contact an attorney as soon as possible so they can calculate your exact deadline and ensure you file all necessary paperwork on time.
Contact a Boulder Personal Injury Lawyer at Mintz Law Firm
At Mintz Law Firm, our compassionate and experienced legal team is committed to helping our clients recover the maximum compensation for their claims. We understand that severe injuries can derail not just the victim’s life, but their families’ lives as well. We work tirelessly to ensure our clients are supported and can obtain the best outcome for their circumstances. We strive to help you understand your rights and assist you throughout the legal process, so you feel confident someone is fighting for you and your best interests. Schedule a consultation by calling (303) 462-2999 or filling out our contact form.