Mintz Law Firm
When you suffer harm or injury at the hands of another party’s carelessness or recklessness, it can be a profoundly emotional, physical, and financially damaging experience. The injury or losses you suffer can have long-term effects that negatively impact your quality of life and leave you without a source of income. Fortunately, victims of someone else’s reckless actions have a chance to pursue justice and financial compensation through a personal injury claim. A personal injury claim can award victims for medical expenses and lost wages, among other kinds of damages.
You may be entitled to compensation if you’ve been injured or harmed because of another person or entity’s carelessness. A personal injury lawyer in Aurora, CO can help you recover the total value of your claim and help hold the at-fault party accountable. Contact a skilled personal injury lawyer from Mintz Law Firm to get started on pursuing your legal right to compensation.
What Is a Personal Injury Claim?
A personal injury claim falls under a section of civil law that allows injured victims to hold the at-fault party liable by holding them financially responsible for expenses related to the accident and the victim’s injury. To hold a party liable, the victim or attorney must prove negligence. Negligence is made up of the following four elements:
Duty of Care
Under the law, nearly everyone and every entity owes a duty of care. Duty of care is a term that encompasses the legal standard of reasonable care that individuals, companies, and even government entities owe to avoid or prevent causing harm to someone.
Breach of Duty
Individuals or entities breach their duty of care when their behavior leads to someone being harmed or injured. The most common ways people or entities breach their duty of care include:
- Drunk driving
- Reckless driving
- Failing to provide proper warning of risk regarding a product or failing to make the product reasonably safe
- Failing to maintain property reasonably safe or failing to provide fair warning of dangers on the property
- Medical professionals not following protocol or failing to take necessary steps to prevent harming patients
When drivers, medical professionals, property owners, or product manufacturers fail to meet their legal standard of care, the consequences can be dire. Injuries from personal injury accidents can leave people unable to work, eliminating their source of income but not their expenses or bills.
Once a duty of care is established as well as the breach of that duty, the next step is to prove the party’s breach of duty is the direct or proximate cause of the victim’s injury. Causation means proving that neither the accident nor the victim’s injury would have occurred if not for the party’s breach of duty.
In personal injury law, damages is a term that encompasses the victim’s financial reward. Damages are calculated by conducting a thorough investigation of the accident, the victim’s injury, and the effects of both on the victim’s life. A victim may be able to recover the following damages in a personal injury claim:
- Medical expenses
- Lost wages (past and future earnings)
- Property damage
- Temporary and permanent disability
- Pain and suffering
Determining how much a victim may be eligible for their specific personal injury claim requires extensive knowledge of the law and resources to collect the necessary supporting evidence. Working with an experienced Aurora personal injury attorney is the best way to help ensure you are recovering the maximum value of your claim.
Colorado’s Statute of Limitations for Your Personal Injury Claim
After an accident, the first thing on one’s mind is their health and safety. While it’s critical to prioritize your own health, it’s also important to keep Colorado’s statute of limitations in mind. Colorado law understands that it can take time to collect yourself after an accident, but to help preserve evidence and prevent prolonged claims or lawsuits, they have a statute of limitations in place depending on your kind of personal injury claim. The statute of limitations for the most common type of personal injury claims are:
- Motor vehicle accidents: three years
- General personal injury: two years
- Product liability: two years
- Property damage during a motor vehicle accident: three years
- General property damage: two years
Two and three years may seem like enough time to file a claim, but two or three years can pass by in the blink of an eye. The longer you wait to file a claim, the more you risk losing your legal right to pursue fair compensation. Additionally, waiting too long may affect the evidence. Witnesses may forget the events, or paperwork may get lost over time. To preserve evidence and protect yourself, contact a personal injury lawyer as soon as possible to begin your claim process.
The Benefits of Working With an Aurora, CO Personal Injury Lawyer
While a personal injury claim may seem straightforward, insurance adjusters can complicate the process. You may be entitled to financial compensation, but the liable party’s insurance company will not be eager to pay you anything. It’s not uncommon for insurance companies to offer lower settlement offers than the claim's actual value or flat out deny the claim. Working with an Aurora personal injury attorney protects your legal rights and ensures that someone in your corner is fighting for your best interests. Mintz Law Firm's dedicated attorneys can:
- Explain your legal rights and the best way to recover financial compensation
- Negotiate with insurance companies and protect you from their bad faith tactics
- Guide you through the process so you don’t make mistakes that may hurt your claim
- Investigate the accident and obtain evidence to prove liability
- Contact experts to assist with your claim
- Calculate the maximum value of your claim
- Get your claim ready for trial, if necessary
As someone injured by someone’s negligence, you deserve to receive maximum compensation to help you recover and provide the financial support that your injury has cost you. Work with an experienced and trusted lawyer to help ensure you achieve the best possible outcome for your claim.
Recover Compensation With Mintz Law Firm
At Mintz Law Firm, we know that filing a personal injury claim can be a lot to handle, but you don’t have to do it alone. Our attorneys have the expertise and resources to help you pursue your right to compensation. The process may be overwhelming to you, but we know how to build strong claims and handle insurance companies. When you partner with Mintz Law Firm, you can be confident that your attorney is fighting for you and won’t settle for anything less than full and just compensation, even if it means going to trial.