Mintz Law Firm
Personal Injury Attorneys in Lakewood, CO
In the U.S., nearly everyone in most situations must adhere to a duty of care when there is the potential of someone being physically, mentally, or financially harmed. When someone fails to behave in a manner that a reasonable person would to prevent causing harm, they can be financially responsible for covering the financial fallout the victim suffers as a result of their actions.
Suffering severe injuries, property damage, and other subsequent losses because someone else fails to consider their own safety and the safety of others is a difficult place to be emotionally and legally. At Mintz Law Firm, our experienced personal injury attorneys in Lakewood can give you the legal support you need to pursue your right to compensation and fight for a favorable outcome. We handle a variety of cases such as car accidents, hit and run accidents, bicycle accidents, motorcycle accidents, pedestrian accidents, rideshare accidents and many more.
Important Personal Injury Laws in Lakewood, Colorado
There are several Colorado laws that impact someone’s personal injury claim. It’s important to understand them and how they may impact your claim for a better chance at a successful outcome.
Colorado's Statute of Limitations
The statute of limitations is the legal time limit a person has to pursue legal action against the at-fault party (the defendant). Each state has its own statute of limitations for personal injury claims that depend on the type of accident. Colorado State gives claimants (the person injured) two years from the date of the incident or date of discovery to file most personal injury claims. Claims that must be filed within the two-year statute of limitations in Colorado include but are not limited to:
- Slip-and-fall accidents
- Dog bite accidents
- Ski accidents
- Medical malpractice
- Product liability
Motor vehicle accident claims have a statute of limitations of three years from the date of the accident or discovery of the injury.
If the statute of limitations expires on your claim, you lose the right to file a claim and recover compensation, which is why it’s always essential to file a claim as soon as possible. Filing as soon as you can ensures you don’t risk losing your legal right to compensation and that the key evidence of your claim is still fresh in everyone's mind.
Colorado’s Modified Comparative Negligence Rule
Sometimes an accident is caused by both parties, meaning that no one party is 100% responsible for the accident. Colorado law takes this into account by operating under a modified comparative negligence system, which applies when the claimant shares some amount of legal fault for the accident. However, their percentage of fault cannot exceed 50%, or they will be barred from collecting anything from the other at-fault party.
Colorado courts are required to apply the modified comparative rule in negligence cases, which means most claimants will likely be assigned some percentage of the blame and have their compensation reduced. For instance, a judge may assign you 10% of the blame, which means your total compensation will be reduced by 10%.
Insurance adjusters also tend to bring up the comparative negligence rule during negotiations as a way to try and reduce their payout and responsibility. Contacting a personal injury attorney in Lakewood, CO before speaking with the at-fault party’s insurance company can go a long way in ensuring that you are receiving the total value of your claim and not being lowballed or being taken advantage of.
Colorado Capped Damages in Personal Injury Claims
Sometimes states cap damages (the monetary awards) that a claimant can receive. Colorado caps non-economic damages, including compensation for difficult-to-quantify negative impacts the claimant suffered because of their injury. Non-economic damages are capped at $250,000 or $500,000 in catastrophic injury cases. Colorado also caps medical malpractice non-economic damages at $300,000 and overall damages at $1 million.
Colorado’s Car Insurance Laws
Colorado operates under an at-fault auto insurance system, which means drivers primarily turn to the at-fault driver’s insurance to pursue compensation after an accident. Drivers filing a claim against the at-fault driver must have the burden of proving the other driver’s negligence contributed to or was the main cause of the accident in order to recover compensation.
Proving negligence isn’t as easy as may appear, even in instances where it seems obvious, like a drunk driving accident. Insurance companies are not eager to pay for their insurer's recklessness and will do what they can to reduce their responsibility and even get a claim dismissed. Work with a trusted and skilled personal injury who can make sure you’re getting the full value of your claim.
The Colorado Ski Safety Act
Ski accident claims are unique to states that are popular skiing destinations like Colorado state. Skiing is an inherently dangerous sport, which leads to injuries that are not automatically someone’s fault. However, some ski accidents are the result of negligence which is why the Colorado Ski Safety Act was passed. This law is designed to create a balance between the duties of skiers to ski safely and the duties of ski resorts and operators to mitigate dangers whenever possible. Under the Ski Safety Act, ski operators must maintain conditions to ensure the safety of skiers and skiers must be responsible and understand the range of their ability to prevent harming themselves.
Whether a ski resort or another skier was responsible for your injuries, it’s always important to contact an experienced Lakewood ski accident attorney. They understand the nuances and complexities of the Ski Safety Act and how it impacts your claim. They can make sure that your right to compensation is protected and respected. Even if you signed a liability waiver, you might still be able to file for compensation. Contact a personal injury attorney in Lakewood, CO to start your ski accident claim process today.
Suffered at the Hands of a Negligent Party? Contact Our Lakewood Personal Injury Lawyers Today
Mintz Law Firm is a personal injury firm dedicated to helping injured people recover the compensation they deserve. Our Lakewood personal injury attorneys know that pursuing a personal injury claim can be a daunting task, but the good thing is that you don’t need to do it alone. At Mintz Law Firm, we offer you unmatched legal services and support to ensure you feel confident in your representation.
The compassionate and experienced Lakewood personal injury lawyers at Mintz Law Firm are committed to helping each of our clients receive prompt medical care and fair restitution for their medical needs, lost income, and any other damages associated with their accident. Contact our firm today by completing our contact form or calling (303) 462-2999.