Personal Injury Attorneys: How to go about filing a claim in the event of an accident which causes injury requiring medical attention and financial loss.
We try our best to ensure that ourselves and our families are protected from any harm, but sadly, personal injury is a reality that can occur in the blink of an eye and hence, cannot be prevented.
A personal injury is any injury that is sustained in an accident. These accidents include a car accident, fall accidents or injury as a result of faulty products or unwarranted death claims. What happens in the event of a personal injury, and can you claim? Well, this depends on where the injury occurred and what the laws of the state or place, stipulates.
When to make contact with Personal Injury Attorneys Denver
Most companies have certain policies in place which protect them in the event of a personal injury. For instance, if you work at a company and a personal injury takes place, the company cannot be held liable for your injury and subsequently, your medical bills.
In the state of Colorado, an individual reportedly has two years to file a lawsuit after an injury has occurred. This is more commonly known as the statute of limitations which is effectively the deadline imposed on a state in which a lawsuit is limited. The two-year limit reportedly comes into effect on the day of the injury. However, the law takes into account that the injured person may not be able to comprehend that they had occurred, and, in this instance, the two-year limit takes effect from the date that the injury was discovered.
Colorado makes use of a “modified” comparative fault rule. This means that the fault is weighed according to who was responsible. This means that the state determines what percentage you are liable for the injury that occurred and what percentage the other party is responsible for. The “modified” comparative fault rule is further taken into account to determine your payout, should you win the case. For instance, if you were 5% responsible for the fault and the defendant is 95% liable for the injury, and the total damages come to $500, then you will receive $475.
So, when do you contact a personal attorney in Denver? When a personal injury occurs, try as much as possible to determine whether you might have been negligent or if the other party is responsible for your injury. For instance, if you slip in a grocery store because the floors were wet and the store had a wet floor sign on display, then surely you cannot claim for injury or harm. However, if the store did not have a caution sign on display, then you have grounds for a claim, and it would be in your best interest to contact a personal injury attorney.
There are a number of personal injury attorneys in Denver who are committed to fighting for the rights of injury victims. These attorneys also offer a free consultation to their clients, and they will be able to advise you on the necessary action to be taken.
Proof you will need to establish liability or fault
When you file a personal injury lawsuit, there are many things to take into consideration. You will need to prove that the incident occurred, and one important factor is to contact law enforcement and have them come out to the scene. This will assist in your claim as law enforcement will prepare an accident report which details all the important information that relates to the case. In the instance of a car accident, the details would include the vehicle involved and the names of witnesses. Pictures can also be used as proof of the accident or injury that occurred. If the injury took place at a grocery store, you could request the security footage to assist your claim. Evidence such as broken or damaged goods can also support your claim.
After an injury has occurred, you should seek urgent medical attention. When you arrive at the hospital or doctor’s office, a medical practitioner will examine you and will be able to tell you the extent of your injury. In some cases, an injured person will have to undergo surgery, which could take up a costly bill. Therefore, it is essential to keep copies of medical records, which may result in compensation from the defendant.
If you have to be booked off from work as a result of your injury, it is critical to keep a record of your payroll and if you lost out on income. Even if you have missed work for a week or two, it is important to detail that, to receive the compensation that you are owed. Another essential aspect is the witnesses. Witnesses can testify and provide an account of the events that took place. This may be in your favor and provide your attorney with more leverage to receive compensation.
In retrospect, a personal injury is something that cannot be prevented and usually arises unexpectedly. While we cannot prevent it, we can ensure that we take the necessary measures to ensure that if we suffer bodily harm or any form of loss, whether it be the fact that we are unable to work for a short period, we are rightfully compensated. It is important to familiarize yourself with the laws of the state of Colorado and always try to gather all proof and documentation that will assist in your claim of injury.