At Purvis Thomson, LLP, our Denver personal injury lawyers offer compassionate legal advice and representation to the victims of serious accidents throughout the state of Colorado.
These types of accidents can occur in a number of ways from motor vehicle accidents that involve commercial trucks or motorcycles to skiing and other recreational activities. We have helped numerous clients facing serious, life-altering injuries, no matter the cause.
Our practice encompasses accidents involving:
If you, or someone you love, has sustained a serious injury as a result of someone else’s negligence, it can be helpful to speak with an experienced personal injury attorney. No matter the circumstances that led to your accident, we are here to help.
For an accident to be grounds for a personal injury lawsuit, you will need to prove that another person or entity’s negligence caused it. Many types of accidents can be grounds for a personal injury claim, including motor vehicle collisions, slip and falls, and sports and recreational injuries. To establish the presence of negligence in your case, you will need to provide evidence that proves the following four elements.
You can use many pieces of evidence to prove the at-fault party’s negligence, such as medical records, witness testimony, surveillance footage, and correspondence. In cases involving complex liability or an unclear chain of events, your attorney can enlist the support of expert witnesses who can evaluate your case and provide testimony on your behalf. Expert witnesses may include medical professionals, accident reconstruction specialists, economists, and mechanics.
Although you may be able to establish the four elements of negligence, the at-fault party may claim that you are responsible for the accident. A landlord may claim that you were wearing improper shoes that caused you to slip on an unmarked hazard, or another driver may claim that you were texting and driving at the time of your collision. If the court accepts these claims, your award could be at risk.
Colorado’s modified comparative negligence laws dictate that a court reduce a personal injury award by the amount of liability that a plaintiff shares. If the court finds you 50 percent or more responsible for the accident, you will not be eligible to recover any compensation. For example, say that you are in a collision with a driver who fails to yield the right of way and surveillance footage that you were texting and driving.
In this situation, the court may assign you 40 percent of the liability. If you request a $100,000 settlement, you will only receive $60,000. If the court decided to assign 60 percent of the fault to you, you will receive $0 out of your original $100,000 settlement. In these situations, you need a Denver personal injury attorney on your side who can defend you against these accusations and firmly establish the defendant’s negligence.
Through a personal injury lawsuit, you can recover compensatory damages for the financial, physical, and psychological losses that you sustained in the accident. With this compensation, you can pay for necessary medical care, support yourself and your family during your recovery period, and hold the at-fault party accountable for the pain and suffering you endured.
Some of the most common damages in Colorado personal injury claims include the following.
In some cases, you may also qualify for punitive damages. While compensatory damages are intended to help you recover from the losses you sustained due to the at-fault party’s actions, punitive damages are intended to punish the at-fault party for especially egregious behavior. Under Colorado law, courts can award punitive damages in cases involving fraud, malice, or willful and wanton conduct.
For example, say that you are in an accident with a driver who makes an unsafe lane change. If the driver simply failed to check that the lane was clear before making the change, you are not likely to be eligible for punitive damages. If the driver cut you off aggressively in a fit of road rage and intentionally meant to harm you, you could use evidence to prove that his or her actions rose to the level of willful and wanton conduct. In this situation, you could hold him or her accountable for punitive damages in addition to compensatory ones.
Under Colorado’s statute of limitations law, you only have two years to file a personal injury lawsuit in civil court. If your case involves a car accident, you have three years from the date of your collision to file. If you do not file within the appropriate time period, the court will likely dismiss your case. There are certain exceptions to this rule, but they are not common.
To preserve your right to compensation, it is important to speak with a Denver personal injury attorney as soon as possible following your accident. Your lawyer can help you identify the appropriate deadline and initiate the first steps toward filing your claim.
If you are injured due to someone else’s negligence, you need an attorney on your side. The personal injury litigation process can be complex without the tools and resources of a lawyer, and unintentional errors could delay or disrupt your case. Hiring a personal injury attorney in Denver, CO to represent your claim can provide several benefits to your case, including the following.
If you are injured due to someone else’s negligence, trust the Denver personal injury attorneys at Purvis Thomson, LLP. With decades of experience and a track record of successful settlements and verdicts, our lawyers will fight tenaciously to secure the compensation you deserve.
To arrange your free initial consultation and case evaluation, please send us a confidential message online or call us at 303-442-3366.