Personal Injury: Frequently Asked Questions (FAQs)
Getting answers about your legal rights and options can be crucial after an accident happens. To this end, the following presents helpful answers to commonly asked questions about personal injury cases and recoveries.
As soon as you are ready for additional answers pertaining to your situation, contact an experienced Denver personal injury attorney at the Warshauer-McLaughlin Law Group, P.C. for a free, no obligations consultation.
Call (720) 463-1516 or Email Us for a Free Case Evaluation
What is a Personal Injury?
A personal injury is physical harm suffered as a result of some party’s negligence. While personal injuries can occur in various ways, some of the more common incidents that can cause personal injuries include:
• Auto accidents
• Truck accidents
• Motorcycle accidents
• Unsafe products
Do I Have a Personal Injury Claim?
To have a personal injury case, you must be able to show that:
• You have been injured.
• The injury resulted from the negligence of another party.
While this may seem relatively straightforward on paper, it can be far less so in reality, as it may not always be immediately clear how or whose negligence was responsible for a particular accident. This is where an attorney can provide crucial assistance, conducting additional investigations to determine liability and the best options for proceeding with a case.
What If I Was Partly At Fault for the Accident & Injuries? Do I Still Have a Claim?
It will depend on your level of fault in causing the accident. Colorado follows the comparative negligence, 50 percent Bar Rule. This means that accident victims can still have a claim and seek recovery if their degree of fault is less than 50 percent (i.e., another party is more at fault for causing the accident).
When victims are partly at fault, their compensation will generally be reduced by the percentage of fault they held. This example clarifies how this Rule works in Colorado:
A distracted driver hits a pedestrian who was jaywalking. The driver is found to be 75 at fault, and the pedestrian is found to be 25 percent at fault. If the pedestrian’s claim is valued at $100,000, the recovery would be $75,000 ($100,000 less 25% or $25,000).
How Long Do I Have to File a Personal Injury Claim?
Every state has certain time limits, called the “statutes of limitations,” governing deadlines for filing personal injury claims. In Colorado, the statute of limitations for personal injury cases is generally:
• 3 years for motor vehicle accident claims
• 2 years for most other personal injury cases.
This time frame starts counting down as of the date of the accident, the date on which the injuries are discovered or the date on which the injuries prove fatal. There are exceptions, however.
How Long Will It Take to Settle My Claim?
The time it takes to settle a personal injury case depends on the details of the case, as well as the plaintiff’s needs and objectives. A lawyer at the Warshauer-McLaughlin Law Group, P.C. can provide more specific details here, after analyzing the facts of your potential case.
What Compensation Can Come from a Personal injury Claim?
Damages for personal injury cases can cover (and are not necessarily limited to):
• Medical bills, past and future
• Lost wages, past and future
• Disability and/or disfigurement
• Pain and suffering
• Loss of consortium
• Property damage.
Depending on the case, punitive damages may also be available. These damages are awarded as a punishment for the negligent party (instead of specifically compensating the victim for some loss). Though rarely awarded, they can increase the compensation from certain claims.
Do I Need a Lawyer? How Can a Personal Injury Attorney Help Me?
In a serious injury case, hiring an attorney as soon as possible is typically in victims’ best interests. A lawyer can go over the facts of your situation, determine whether you have a claim and, if so, explain what needs to be done in order to set your claim up for success.
Moving forward, a lawyer can guide you at every step of the personal injury claim process, representing you in all legal proceedings, negotiating on your behalf and, if necessary, fighting for you in trial.
What is a Contingency Fee?
Contingency fees are legal fees that depend on the success of a case. In particular, contingency fees are only charged if there is a recovery for a case. When charged, these fees are typically based on a percentage of the amount recovered.
The lawyers at the Warshauer-McLaughlin Law Group, P.C. provide contingency fee services in order to alleviate our clients’ financial stresses as they seek the recoveries they need and deserve.
Contact a Denver Personal Injury Lawyer at the Warshauer-McLaughlin Law Group, P.C.
Find out more about your legal options during a free consultation with a trusted Denver personal injury lawyer at the Warshauer-McLaughlin Law Group, P.C.
Call (720) 463-1516 or email us.
Experienced, aggressive and skilled, our attorneys are ready to provide you with the representation and guidance necessary to help you seek compensation and justice.