Getting injured in any type of accident can be a scary experience. You may need emergency medical attention, be unable to return to work, and grapple with the emotional and physical impact of your injuries. Many of these accidents are preventable, caused by the negligence or carelessness of another person or entity. If your accident was the result of someone else’s carelessness, you may have grounds for legal action—and the attorneys at Purvis Thomson, LLP can help.
Our Boulder personal injury lawyers have represented hundreds of Colorado residents in their claims against negligent drivers, property owners, employers, and more. We are ready to advocate for your rights during each stage of your case. Call today to schedule your free case consultation with one of our experienced attorneys.
A personal injury occurs when you sustain harm due to someone else’s negligence or intentionally harmful conduct. Through a personal injury lawsuit, you can recover compensation for the financial, physical, and emotional damages you sustained due to the at-fault party’s negligence. The liable party can be another person, a corporation or business entity, or even a government agency.
At Purvis Thomson, LLP, our attorneys handle a wide range of personal injury cases, including:
If you are unsure whether your case qualifies as a personal injury, speak to a Boulder personal injury lawyer. Your attorney can evaluate your case and determine whether or not you have grounds for legal action.
Depending on the circumstances surrounding your accident, you can sustain serious, life-impacting injuries as a result of someone else’s negligence. These injuries often require long-term medical care, prevent you from going to work or school, and manifest painful symptoms and complications. Some of the most common injuries in personal injury lawsuits include the following.
Although you may sustain an injury in an accident, you are not always eligible for a personal injury claim. In order for you to successfully establish your right to compensation, you will need to prove that the at-fault party’s negligence caused your injuries and damages. To accomplish this task, you will need to present sufficient evidence that proves the following four elements.
You can use many pieces of evidence to prove these elements. For example, you can use surveillance footage, correspondence, medical records, police reports, and witness testimony to prove elements such as breach of duty and causation. Your Boulder personal injury attorney may also enlist the help of expert witnesses to prove complex areas of your case, such as medical professionals, accident reconstruction specialists, and mechanics. Establishing your right to compensation, journal entries, medical bills, life care plans, and financial documents can help prove the extent of your damages.
Through a personal injury lawsuit, you can recover compensation for the economic, or financial, losses you sustained due to the at-fault party’s negligence. You can also hold the at-fault party accountable for the physical and emotional pain and suffering you endured, also known as pain and suffering. Common damages available in Boulder personal injury claims include the following.
If you lost a loved one due to another person’s negligence, you could file a wrongful death claim against the at-fault party. In this situation, you and your family can recover compensation related to your loved one’s death and the emotional suffering you sustained due to the at-fault party’s actions. These damages may include:
To calculate the full extent of your damages, speak to an attorney at Purvis Thomson, LLP. Your attorney will evaluate your case, gather relevant documents, and enlist the support of expert witnesses to identify all possible avenues to maximum compensation.
Although you may be able to establish the at-fault party’s negligence, your award could be at risk. If the at-fault party claims that you are partially responsible for the accident, Colorado’s modified comparative negligence rules, CRS 13-21-111, will apply. This law reduces your award by the amount of fault that you share. If the court believes you are 50 percent or more liable for the accident, you will not recover any compensation at all.
For example, say that you are injured when you slip on an unmarked spill in a grocery store. You file a lawsuit against the store owner and ask for $40,000 in damages. However, the owner provides surveillance footage that shows you were texting on your phone at the time of the accident. He then claims that you would not have slipped had you paid attention to your surroundings.
The court then assigns 30 percent of the liability to you. Instead of recovering $40,000 in damages, you will only receive $28,000. If the court assigns you 55 percent of the fault, you will recover $0. To preserve your right to compensation, it is important to have an attorney on your side who can defend you against these accusations and advocate aggressively for your maximum recovery.
In Colorado, you only have a certain amount of time to file a personal injury lawsuit or the court will dismiss your case. This is due to a law known as the statute of limitations, which places a limit on the number of years you have to file a claim. In most cases, you have two years from the date of your accident to file your lawsuit. If you are filing a claim against a government agency, you have 180 days to file a formal claim and two years to file the lawsuit.
While this rule may seem restrictive, the statute of limitations protects both parties in a claim. By filing within the two-year time period, you ensure that your evidence remains fresh and your witness memories remain reliable. This limit also protects defendants from the constant threat of litigation. To protect your right to compensation, speak to a personal injury attorney as soon as possible to identify your appropriate filing deadline.
Although the personal injury litigation process may seem straightforward, it can be challenging after a recent injury or without prior experience. In these situations, you need an advocate on your side—and hiring a personal injury lawyer to represent your case can help. A Boulder personal injury attorney can provide several benefits to your case, including the following.
If you are in an accident caused by someone else, you may have grounds for legal action. In these situations, the Boulder personal injury attorneys at Purvis Thomson, LLP can help. Since 1985, our Boulder personal injury attorneys have recovered millions of dollars to support injured Colorado residents and will fight tenaciously for your right to compensation. Contact us today to schedule a free case consultation and learn more about your legal options.