Mintz Law Firm
Englewood Personal Injury Attorney
Personal injury is a section of civil law that helps people who’ve been injured by another party’s reckless or careless actions. Sustaining a serious injury can greatly hinder someone's life, if not completely derail it. Due to the serious impact of the harm a victim suffers, personal injury law gives them a chance to hold the at-fault party responsible and recover monetary compensation that gives them the financial support to get their lives back on track.
At Mintz Law Firm, we are dedicated to helping injured individuals recover as quickly as possible from the frustrating and sometimes life-changing effects of being injured at the hands of someone else’s carelessness. We strive to help you understand your rights and assist you through the legal process to a successful outcome. Contact our personal injury attorneys in Englewood, CO to start fighting for your right to fair compensation.
How Colorado’s Comparative Fault Rule Impacts Your Claim
Colorado’s comparative fault rule applies when an injured person does share someone’s percentage of blame for the accident. The rule addresses situations in which both parties played a role in the accident. However, the person filing the claim cannot be more than 50 percent responsible for the accident. If they are, they will be barred from collecting anything from the other at-fault party.
Colorado courts are required to apply the comparative negligence rule, which means a percentage of blame will be assigned to the claimant and their damages will be reduced according to the percentage of blame assigned. For instance, if a claimant is assigned ten percent of the blame, then their total damages will be reduced by ten percent.
In many personal injury claims, the at-fault party’s insurance will attempt to turn the blame towards the injured individual seeking compensation. Insurance adjusters will mention the possibility of shared fault during settlement negotiations to reduce their payout. This is why it’s always best to hire an Englewood personal injury attorney to negotiate with insurance companies on your behalf. They can help ensure that no blame is placed on you that isn’t warranted and fight for full and fair compensation.
Colorado’s Statute of Limitations Laws
The statute of limitations that applies to your personal injury claim depends on the nature of the accident or incident that harmed you. In Colorado, for most cases (except those arising from car accidents), the statute of limitations is two years from the date of the accident. For personal injury claims arising from a car accident, the statute of limitations is three years from the date of the accident.
Exceptions to Colorado’s Statute of Limitations
For the most part, missing the statute of limitations means losing the right to file a claim or recover compensation. However, Colorado law understands that sometimes certain circumstances may delay the running of the statute of limitations clock or pause the clock after it starts to run, effectively extending the deadline.
For instance, if an injured person is mentally incompetent or under the age of 18 at the time of the initial incident, and they have no legal representative, the statute of limitations clock stops running until the period of legal disability is over. Essentially until the individual turns 18 or has their mental competence restored. However, if there is a legal representative who can file a claim on their behalf, then the statute of limitations will not be extended, and they must file within two years (or three if it's a car accident claim), or they lose their right to file a claim.
Another instance in which the statute of limitations may be extended is if, at some point after the initial incident, but before the claim can be filed, the potential defendant (the at-fault party) departs from the state or conceals themselves within the state. If they can’t be served with the lawsuit, the time of absence or concealment won’t count as part of the statute of limitations clock.
It’s always better to file your claim as soon as possible and contact an Englewood personal injury lawyer who can make sure you meet all the deadlines and requirements, protecting your right to compensation and holding the at-fault party responsible.
What Damages Can Be Recovered in an Englewood Personal Injury Claim?
When a person files an injury claim after an accident, they may receive compensation for the following:
- Medical bills
- Nursing and hospital care
- Household medical services
- Future medical expenses
- Mental health care
- Physical and occupational therapy
- Lost wages
- Loss of future earnings capacity
- Property damage
- Physical suffering
- Mental and emotional suffering
- Loss of quality of life
- Loss of enjoyment of life
- Permanent scars and disfigurement
The damages and the amount you recover will be unique to your losses and the laws that apply to your claim. Contact an experienced attorney that can evaluate your case and determine what you can expect in damages.
Damages Capped in Colorado Personal Injury Claims
Capped damages in personal injury cases serve to limit the amount of compensation a claimant may receive. In Colorado, non-economic damages (such as pain and suffering) are capped at $250,000 or $500,000 if clear and convincing evidence justifies an increase (for instance, catastrophic injuries). Colorado state also caps non-economic damages and damages in general in medical malpractice cases. For non-economic damages, the cap is $300,000, and for overall damages, the cap is $1 million.
Has a Negligent Party Injured you? Contact a Englewood Personal Injury Lawyer Today
Colorado laws protect accident victims and their right to compensation, but that doesn’t make insurance companies any more willing to pay victims the total value of their claim. As a results-oriented law firm at Mintz Law Firm, we will do everything in our power to build an evidence-based claim that will lead to success. We know that insurance adjusters are only looking out for their best interests, which is why we’re proud to be the person in the room fighting to protect your rights and best interests.
Mintz Law Firm cares deeply for our clients, and we work tirelessly to ensure they receive the respect, compassion, and compensation they deserve. Our experienced Englewood personal injury lawyers will stand by your side and offer attentive support during this challenging time in your life. Contact our firm today to schedule a consultation by completing our contact form or calling (303) 462-2999.