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Colorado Personal Injury Attorney

Common Types of Colorado Personal Injury Cases

By: Lain A. Lawrence - Colorado Personal Injury Attorney Oct. 7, 2024

Personal injuries can be life-altering events. They often bring about physical pain, emotional distress, and financial hardship.

In such circumstances, understanding your legal rights is crucial. This is where an Aurora personal injury attorney comes into play.

The Lawrence Law Firm specialize in representing individuals that have suffered injuries due to the negligence of others. We navigate the complexities of personal injury law to seek justice for their clients.

Understanding Personal Injury Law in Aurora

Personal injury law, or tort law, helps protect people harmed by the carelessness or intentional actions of others. It allows victims to seek compensation for their injuries and related losses.

In Aurora, like the rest of Colorado, personal injury law is based on state laws and court rulings. These laws explain how personal injury cases are managed. They cover everything from filing the lawsuit to calculating damages.

The Role of an Aurora Personal Injury Attorney

An Aurora personal injury attorney plays a pivotal role in representing victims of personal injuries. They guide clients through the legal process, ensuring their rights are protected and their interests advocated for.

Out attorneys handle a variety of tasks, from gathering evidence and negotiating with insurance companies to representing clients in court. Their ultimate goal is to secure the maximum compensation possible for their clients' injuries and losses.

Types of Personal Injury Cases

Personal injury cases can arise from a wide range of incidents. The common thread among them is that they involve harm caused by another party's negligence or intentional misconduct.

In Aurora, personal injury attorneys handle a variety of case types. These include motor vehicle accidents, slip and fall incidents, workplace injuries, and medical malpractice cases, among others.

Each type of case has its unique challenges and legal considerations. For instance, different laws and standards of proof may apply depending on the nature of the incident.

The following are some of the most common types of personal injury cases handled by the Lawrence Law Firm's Aurora personal injury attorneys:

Motor Vehicle Accidents

Motor vehicle accidents are among the most common causes of personal injuries. This type of case involves negligence. Negligence requires a showing of duty, breach, causation, and damages.

An Aurora car accident lawyer can help victims with the tricky process of filing claims. They can also assist in getting compensation from those at fault or their insurance companies.

Slip and Fall Incidents

Slip and fall incidents occur when someone is injured due to unsafe conditions on someone else's property. These cases are also known as premises liability cases.

The Colorado premise liability statute controls premise liability cases. A landowner must keep people safe on their property. However, the level of safety depends on the person's status there.

A person who is on the property for business activities receives the highest level of protection. These cases often require showing that the property owner knew or should have known about the danger and did not fix it.

Individuals that are guests on the property receive a lower level of protection. These plaintiffs require a showing that the property owner knew about the danger and did not fix it.

Trailer Truck Accidents

Trailer truck accident cases require the same showing of negligence that car accident cases involve. These cases are different by virtue of the various regulations involved in commercial trucking. A trailer truck can also significantly increase the damage it causes.

Motorcycle Accident

Motorcycle accidents involve people injured in car accidents while on a motorcycle. Motorcycle accidents are like car accidents, but they usually lead to more serious injuries.

Uninsured Motorist Claim

In some cases, a defendant does not have insurance to cover the damages they caused. If a plaintiff has UM/UIM coverage on their car insurance policy, they can seek damages that way.

The claim is technically a contract dispute, but it is handled similarly to a negligence claim.

If you have a UM/UIM claim, it is always advisable to retain a competent personal injury attorney. These claims require someone familiar with insurance policies and how to deal with insurance claims. An unaware plaintiff may accidentally void their coverage if they do not strictly abide by the terms of their policy.

The Legal Process of Personal Injury Claims

The legal process for personal injury claims can be complex and time-consuming. It often involves gathering evidence, proving negligence, negotiating with insurance companies, and possibly going to trial.

An Aurora personal injury attorney can guide clients through this process, ensuring that all legal procedures are followed and that the client's rights are protected.

Filing a Lawsuit vs. Settlement

In many personal injury cases, a settlement is reached before a lawsuit is even filed. This involves negotiating with the at-fault party or their insurance company to agree on a fair compensation amount.

However, if a fair settlement cannot be reached, it may be necessary to file a lawsuit. This initiates a legal process that can lead to a trial, although many cases are settled before reaching that stage. An Aurora personal injury attorney can provide valuable guidance and representation throughout this process.

Compensation in Personal Injury Cases

In personal injury cases, the injured party may be entitled to compensation for their losses. This compensation, also known as damages, can cover a variety of costs and impacts related to the injury.

An Aurora personal injury attorney can help clients understand what types of compensation they may be eligible for and work to maximize their recovery.

Economic and Non-Economic Damages

Economic damages refer to tangible losses such as medical expenses and lost wages. These are often easier to quantify and prove than non-economic damages.

Non-economic damages, on the other hand, cover intangible impacts such as pain and suffering, emotional distress, and loss of enjoyment of life. These damages can be more subjective and require skilled legal representation to effectively argue for their inclusion in a claim.

Potential for Punitive Damages

In some cases, punitive damages may also be awarded. These are not intended to compensate the victim, but rather to punish the at-fault party for particularly egregious behavior.

However, punitive damages are not awarded in every case. They are typically reserved for situations where the at-fault party's actions were especially reckless or intentional. An Aurora personal injury attorney can advise clients on the potential for punitive damages in their specific case.

Statute of Limitations and Other Considerations

In Colorado, personal injury claims are subject to a statute of limitations. This is a legal deadline for filing a lawsuit, which is typically two years from the date of the injury.

Missing this deadline can result in the loss of the right to pursue compensation. Therefore, it's crucial to consult with an Aurora personal injury attorney as soon as possible after an injury.

Comparative Negligence in Colorado

Colorado operates under a modified comparative negligence rule. This means that a plaintiff's compensation may be reduced if they are found to be partially at fault for their injuries.

For example, if a plaintiff is found to be 20% at fault, their compensation will be reduced by 20%. However, if a plaintiff is found to be 50% or more at fault, they may not recover any compensation. An Aurora personal injury attorney can help clients navigate these complex rules.

Why Choose our Aurora Personal Injury Attorney

Choosing an Aurora personal injury attorney can significantly improve the chances of a successful claim. Our attorneys have a deep understanding of local laws and court procedures, which can be invaluable in navigating the complexities of personal injury law.

We offer free consultations to discuss the facts of your case. Our experienced personal injury team offers contingency fee agreements. This means there is no legal fee if we do not recover money for you. Call today to get the compensation you deserve.