Q: Why Do I Need a Colorado Injury Attorney?
A: If you have an accident in Colorado, but reside in another state, why should you consider a Colorado attorney? Because you will be required to file your suit in Colorado and an experienced Colorado trial attorney will know the applicable state law and will know the practical considerations to be addressed when filing a claim.
Every state has statutes of limitations and procedural requirements that place deadlines on when you can file a personal injury lawsuit. Statutes of limitations differ from state to state and depend also upon the nature of the claim. If the accident involves a government or state entity, other statutory requirements must also be satisfied prior to and at the time of filing a lawsuit. A Colorado personal injury lawyer will know these requirements and time frames.
Different states recognize different tort claims, and many have varying limitations on damage awards allowed for tort claims. What claim to file and how to best state that claim is part of the expertise you gain when you hire a lawyer from Colorado.
As a practical matter, a Colorado lawyer will also best know the local legal community—the judges and the defense counsel who might be involved in your case. This knowledge, and the benefit of an established reputation in the Colorado legal community, will enhance any personal injury claim filed on your behalf.
Different states recognize different tort claims, and many have varying limitations on damage awards allowed for tort claims. What claim to file and how to best state that claim is part of the expertise you gain when you hire a lawyer from Colorado.
Q: What is a Statute of Limitations?
A: Every state has statutes, state laws, governing the time allowed for filing specific types of lawsuits. These time limits are called "statutes of limitations." If you miss the statutory deadline for filing your case, you lose the right to do so.
In Colorado, there is a two-year statute of limitations period for general negligence claims. Claims arising from auto accidents have a three-year statute of limitations, and those arising from medical negligence have a very strict two-year period. However, when the statute of limitations period begins running is not always obvious - that is, at what date does your two-year period begin.
If the injured party has a legal disability, such as being a minor, the period does not necessarily begin on the date of the injury. Likewise, if the injury is not immediately apparent, the period may not begin to run until discovery of the injury.
Claims against state or federal entities and institutions may have other time-sensitive procedural requirements with far shorter periods in which to act.
As with most legal analysis, you are best protected by discussing your matter with an attorney to ensure that you do not lose your right to file a lawsuit.
In Colorado, there is a two-year statute of limitations period for general negligence claims.
Q: What is a Contingency Fee?
A: Contingent fee arrangements in civil cases have long been commonly accepted in the United States, and may in fact be the only practical means by which an individual with a claim can afford to obtain the services of a competent lawyer.
"Contingent" means an attorney only collects if there is some type of recovery for the client, typically a settlement or jury award. If nothing is recovered for the client, no fees are paid the attorney. The attorney is compensated for the legal work performed by taking a certain agreed percentage or amount from the recovery, regardless of the time or effort involved.
This does not mean that the litigation is risk-free. Expenses, such as expert witness fees or copying charges for medical records, are commonly not covered by contingent fee arrangements and must be paid by the client irregardless of the outcome of the lawsuit. Depending on the nature of the case, expenses can easily run into several thousands of dollars.
Colorado law requires that before entering into a contingent fee agreement, your attorney provide you with a disclosure statement detailing the specifics of the contingent fee, the manner in which other litigation costs will be handled and alternative fee arrangements which are available. For more detail, visit our discussion of Litigation Expenses and Attorney Fees.
"Contingent" means an attorney only collects if there is some type of recovery for the client, typically a settlement or jury award.
Q: How Do Insurance Companies Get Involved?
A: Questions as to insurance coverage can be some of the most complex issues you will encounter when considering a lawsuit. If you are injured in an auto accident, then special provisions of Colorado law requiring motor vehicle insurance will govern the insurance coverage. If you have a negligence claim arising from another's conduct, the other party may homeowners insurance which will provide coverage for your claim. You must bring suit against the negligent person, but typically their insurance company will hire the defense attorney and handle the litigation. If you are injured on the job in Colorado, then the state's workers compensation system will handle your claim.
If your medical insurance has paid your medical expenses for treatment of injuries suffered because of an accident, then the medical insurance company may have a right to collect part of the covered expenses out of the compensation you receive from your lawsuit. Before you even talk to a lawyer, you may receive notice from your insurance provider of a subrogation right against any proceeds you collect as a result of a personal injury claim.
Beware of the insurance adjuster for the other side—you may well be asked to provide a statement of your recollection of the accident. This is almost always tape-recorded, and it is not so much a statement by you as an interrogation by the adjuster. We strongly encourage people to talk to an attorney before agreeing to any type of statement other than to officers of the law.
Beware of the insurance adjuster for the other side—you may well be asked to provide a statement of your recollection of the accident. This is almost always tape-recorded, and it is not so much a statement by you as an interrogation by the adjuster.
Assumption of Risk: A voluntary acceptance of a risk of damage or loss under circumstances where such risk is reasonable or probable. Many state ski statutes say that skiers assume certain risks by engaging in the sport, and therefore the ski area operators are not liable for these risks. For example, trees and rocks are natural and inherent objects on a ski slope. Therefore, skiers naturally assume the risk of hitting a tree or a rock when they ski. Ski areas are usually not liable when this happens.
Civil Action: A lawsuit outside of the criminal justice system, seeking redress or an award of damage for a civil wrong.
Comparative or Contributory Negligence: This type of negligence concerns the acts of the injured party, and asks to what extent the injured party was responsible for their own injury. A plaintiff’s recovery is often reduced if a defendant can prove that the plaintiff contributed to his or her own injury in some way. For example, in a skier / skier collision case, a skier’s ability to recover may be reduced if the defendant can prove the skier was skiing out of control. In that situation, the plaintiff’s failure to ski in control contributed to her own injury. If an auto collision results due to one driver speeding and the other running a stop sign, both are guilty of comparative negligence.
Damages: An injured party may be entitled to compensation for certain kinds of damages. These types of damages can include: Medical expenses incurred in the treatment of both past and future injuries; lost wages (both past and future); loss of ability to enjoy life; loss of services, and loss of companionship and sexual relations for the spouse of the injured party.
Discovery: Various pre-trial procedures including depositions, interrogatories and requests for production, whereby parties obtain evidence to be used at trial.
Duty of Care: the legal obligation to be careful in conduct or care of property so that people are not injured by our actions or our failure to act.
Federal Tort Claims Act (FTCA): A law which gives exclusive jurisdiction to the United States courts to hear claims against the United States for money damages arising out of the negligence of any government employee.
Gross Negligence: A negligent act committed with a conscious indifference to the consequences thereof willfully or wantonly.
Informed Consent: A medical professional is required to get the consent of the patient before providing treatment. At a minimum, the patient should be informed of the nature of the treatment or procedure, any alternatives available, the risks associated with the procedure and the risks of not having the procedure performed.
Interrogatories: Written questions served on a party to a lawsuit to be answered under oath as part of pre-trial discovery.
Liability: legal responsibility for an accident; a person who is liable must pay for injuries caused in the accident
Malpractice: Negligence by a professional such as a doctor, lawyer or engineer in the performance of professional duties; professional misconduct.
Negligence: Negligence is a failure to act in accordance with the standard of care that society expects of its members; in many cases it is synonymous with carelessness. Individuals have a duty to act carefully and avoid causing injury to others; they need not act perfectly- only in the way a normal and reasonable person would act under similar circumstances in order to avoid the foreseeable adverse consequences of his or her actions.
Negligence Per Se: An error, omission, or act in violation of a rule of law or statute which is presumed to be proof of negligence.
No-Fault Insurance: Many states have enacted no-fault insurance laws. Under no-fault insurance, and injured party and/or members of his/her household are generally entitled to medical and lost wage benefits, irrespective of whether they caused the accident or not. Ordinarily, and subject to various options and deductibles, no-fault insurance policies provide for payment of medical expenses and a portion of lost wages up to a statutory policy limit in the event of a covered accident. The insured can purchase additional coverage under a med-pay option.
No-Fault Threshold: As a trade off for receiving no fault benefits (irrespective of who caused the accident), in most states, an injured party must meet an injury threshold before a claim can be asserted against the party who caused the accident. Ordinarily, to bring a claim for damages in a no-fault state, the injured party must have sustained a serious or permanent injury as defined in the applicable state statute. It is therefore possible for an injured party to suffer from an injury for months, but be unable to receive any compensation for his or her injuries.
Pain And Suffering: An element of non-economic damages to which the plaintiff may be entitled if injured as the result of the wrongdoing of another.
Proximate Cause: That which in natural sequence produces an injury.
Punitive Damages: Damages awarded to punish a party who committed a wrongful act rather than to compensate an injured party for actual damages; exemplary damages.
Statute Of Limitations: A statute that fixes the time within which a lawsuit on a claim must be filed, and beyond which, it will be forever barred.
Strict liability: legal responsibility for injuries caused by a defective or dangerous product; the injured person is not required to show that the product maker or seller was negligent.
Subrogation: The right of an innocent party who has paid benefits as a result of a third party's wrongful action to recover such payments from the responsible party.
Tort: A private or civil wrong that results in an injury; a breach of the duty of care causing damage; a negligent act.
Tortfeasor: One who commits a tort.
Waiver: The voluntary and intentional surrender of a right or privilege.
Wrongful Death Claim: In this type of claim, survivors (generally the souse and minor children only) may also recover lost support (past and future); loss of companionship (past and future); and lost earnings that would have been generated over the decedents lifetime.
If you have been seriously injured contact us today at 866-701-7292, or e-mail us to find out how we may be of assistance.
