Colorado’s personal injury law allows victims of negligent actions to recover compensation for the harm suffered. But it doesn’t come easy all the time. In most cases, you may need to fight to prove your case, which requires understanding the basics.
This guide highlights basic aspects of personal injury law that can help you navigate your case, but it can’t be a replacement for legal advice from a personal injury lawyer. So, make plans to hire one even as you gain insight.
Do You Have a Case?
Whether or not you have a case depends on the circumstances of your case. But you must show that the other party was responsible for your injuries as the accident resulted from their breach of duty of care. In other words, you have to prove that the defendant is negligent.
However, there are cases where strict liability may apply, such as injuries caused by defective products or dog bites. Under strict liability, the defendant’s reasonable effort to prevent harm can’t absolve them from liability because the court focuses on whether harm resulted from the actions or inactions of the defendant.
Another situation where you may not need to prove negligence is a case of intentional tort, such as injuries resulting from an assault.
Standard of Proof for Personal Injury Cases
You must show that the defendant is more likely than not to have caused the harm also known as the preponderance of evidence standard. It’s much lower than the beyond-reasonable doubt standard applied in criminal cases.
The best time to start evidence gathering is at the time of the incident that caused the injuries or when you first discover you have suffered. Evidence can be in pictures, videos, medical records, receipts, witness testimonies, doctor’s notes, and expert testimonies.
Recoverable Damages in Personal Injury Claim
Every personal injury claim is unique, and so is the value. What is common in all personal injury claims are recoverable damages, which fall into two categories: compensable and punitive damages. Compensable damages determine the value of your claim, which is a sum of economic and non-economic damages.
Economic damages include all monetary expenses and losses such as the cost of medical treatment, medical equipment and supplies, lost wages, home and vehicle modifications to accommodate you post-injury, and property damage, among others. Valuing economic damages is pretty straightforward; you only need to show documentation such as receipts, invoices, and employment paperwork.
Non-economic damages may not have a direct financial impact on your life but have a profound effect on your quality of life, such as disfigurement, disability, pain and suffering, emotional distress, PTSD, etc. Punitive damages are applied as a punishment to the defendant for grossly negligent conduct or intentional tort as a deterrent to future wrongdoing.
Legal Representation
“You do not have to have legal representation when navigating a personal injury case. However, this does not mean you should approach it without one because industry data shows a strong correlation between having a lawyer and favorable outcomes in a personal injury claim, even when accounting for legal fees,” says Colorado personal injury lawyer Amy Gaiennie.
Claims involving product liability, medical malpractice, severe injuries, and truck accidents are among the most complex, and the chances of recovering what you deserve without involving a lawyer are close to zero.
You may not need to involve one for a few bruises and scrapes. Also, most workplace accident claims are pretty straightforward, but you can consider getting an attorney if your employer denies liability or tries to devalue your claim.
Source – Amy G Law, Attorneys, Colorado
