Find out what makes our Denver personal injury lawyers different

Insurance companies are businesses that exist to make money. The more money they put in your pocket, the less money they keep in their pocket. We understand insurers have a reasonable interest in not paying unreasonable sums on accident claims or pay when their insured is not liable. Insurance companies go far beyond fair and reasonable claims processing. They aggressively fight for their own financial interests. There is a reason Colorado and every other state regulates insurance practices and makes bad faith claims processing illegal.

A personal injury case is a civil lawsuit filed by an injured person (the plaintiff) against the person or party (the defendant) that caused harm through negligent acts. Negligence is the basis for most accident and injury claims. It is a legal term under Colorado law that means a failure to exercise ordinary care resulting in harm to another.

Negligence requires you prove four elements to recover compensation for your damages:

1. Duty of care: each person has a responsibility towards others to act as a reasonable and prudent person would under the same or similar circumstances.
2. Breach of duty: when a person acts or fails to act (an omission) in a manner that deviates from the duty of care, that breach is an act of negligence.
3. Causation: a factual relationship must exist between the breach and plaintiff’s injuries or harm. The question is: but for the defendant’s negligence, plaintiff would not have sustained harm.
4. Damages: the plaintiff has compensable losses as a result of the breach. These may include medical bills, physical injuries and pain and suffering. 

The plaintiff has the responsibility to prove each element within the burden of proof. In a personal injury case, the burden of proof is a preponderance of evidence. This burden requires the plaintiff to prove all of the elements with at least 51% likelihood. In other words, it is more likely than not. Your Denver lawyer can help you understand whether you have a case, what evidence you need to prove it and the fair value .

An important question for any person injured by someone else’s negligence is, “how much is my case worth?” Understanding the value will help you avoid accepting a fast but undervalued insurance settlement. Every case has unique facts and circumstances, so you should consult with our law firm for an understanding and assessment of the value. 

Under Colorado law, there are many types of damages you may be able to recover in a civil lawsuit:

Medical expenses

You can recover reimbursement for past and future medical bills, including surgeries, diagnostic tests and scans, medications, physical therapy and rehabilitation, disability accommodations and pain management.

Lost wages

Victims often lose wages and other employment compensation due to their bodily injuries. You may have lost time because you could not perform your job or to seek treatment. You can recover lost past income and future lost earnings due to a long term injury or disability.

Property damage

Financial compensation for auto repairs or replacement for a totaled motor vehicle. A totaled vehicle is worth less repaired than the cost to repair it. You can also recover damaged personal property.

Pain and suffering

You can obtain compensation for non-economic damages including physical pain, emotional suffering, scarring or disfigurement, mental anguish, loss of consortium and psychological trauma.

Travel and out of pocket expenses

Your accident injuries may require you to spend money on travel or transportation for medical care, home or vehicle modifications and other costs you pay out of pocket as a result of the accident. You can recover these related expenses.

Wrongful death damages

If you lost a loved one due to an act of negligence, surviving dependents may seek damages for the family’s loss. These include funeral and burial expenses, lost financial support, lost inheritance, loss of consortium, mental anguish and loss of emotional support.

Punitive damages

Punitive damages may be awarded if the defendant’s conduct was malicious, wanton and willful, or involve gross negligence. A jury may award additional damages to punish the defendant and deter others from the same bad acts.

The value of your specific case in Colorado depends upon factors and facts unique to your claims. These may include the severity of your injuries, the defendant’s conduct and the types of medical care required. You should speak with an attorney in Denver about what your case is worth before accepting an insurance settlement and signing a release. Once you sign a release or liability waiver in exchange for a settlement check, you most likely cannot change your mind and seek more money.

Every personal injury case requires evidence of each element of negligence. You and your lawyer must prove the defendant is legally liable for your injuries and the value of the damages you want the court to award at the end of a trial. In a civil lawsuit you do not have to prove the negligent act beyond all reasonable doubt–like a criminal prosecution–but you must establish liability by a preponderance of evidence. You and your counsel must prove with convincing evidence that you have damages caused by the defendant.

Identifying liable parties

As part of your civil lawsuit, or even an insurance claim, you must prove the person or party you allege caused harm to you is at fault. Your lawyer can help investigate, gather and preserve evidence of the responsible parties. Evidence may include:

• Police or accident reports
• Physical evidence from the accident
• Photos and videos
• Statements from eyewitnesses
• Medical records and diagnostic tests like x-rays and MRIs
• Personal property or vehicle damage
• Expert accident reconstruction
• Expert witness testimony
• Paystubs and other records of wage loss
• Motor vehicle maintenance logs and phone records
• Evidence of pain and suffering along with other non-economic damages

Comparative negligence

Another important consideration in winning your lawsuit is comparative negligence. Under Colorado law, a defendant can defend against you by arguing you are partially liable for your own damages. A successful comparative negligence defense may reduce or eliminate your recovery at trial.

If the jury finds you 50% or more responsible for your injuries, you cannot recover any compensation. If it finds you 49% or less, the damages awarded are reduced by the percentage of your fault.

It is vital that you and your counsel present the strongest evidence possible of both the defendant’s fault but also refute allegations of your own fault.

A statute of limitations is a legal deadline under Colorado law for filing a lawsuit. The deadline for accident claims vary by the type and the state where the accident occurred. In Colorado, most personal injury claims carry a two year statute of limitations. Some have shorter time limits. For motor vehicle accidents, the time limit extends to three years. 

The deadline may vary from the general rule under certain circumstances:

• Injured minors: if a child suffers harm before becoming an adult, the clock starts running on the victim’s 18th birthday. A parent or guardian may pursue a lawsuit or settlement earlier with court approval. 
• Discovery rule: if a victim does not discover injuries immediately, the clock begins running when the victim discovers or reasonably should have discovered the physical condition.

Special deadlines may also apply in special situations. For example, lawsuits against a Colorado state or local agency require a specific notice procedure occur within 182 days of the accident. If you do not complete this special process, you cannot file a lawsuit against the government agency even if you are within the statute of limitations.

It is vital that you take all required steps before the deadlines in your case to pursue financial damages. If you wait to file a lawsuit after the statute of limitations expires, the court likely will not hear your case. 

Choosing a lawyer is an important decision. Not all law firms in Denver are right for your needs or your case. You should take time to consider your options and choose the best representation for you. Here are some factors to consider:

• Experience: Do not settle for a lawyer with little or no experience or expertise with your type of case. If you’ve been in a car accident, look for an attorney with experience handling collision claims. Many law firms take personal injury cases but do not regularly practice in this area of law.
• Results: Ask an attorney about his or her past results. Although past performance does not guarantee future outcomes, positive settlements and verdicts can give you confidence your lawyer has real knowledge about how to pursue your case.
• Communication: You should be able to talk to your lawyer about your case. If you can only get a paralegal, case manager, or secretary on the phone, that law firm may not be right for you and your case.
• Case responsibilities: Some law firms expect attorneys to handle hundreds of cases, or worse, expect staff members to do most of the work for you. You should ask how many cases are assigned to your attorney and how much work is assigned to staff employees.
• Affordable rates: You deserve to know the legal fees involved in your case and how you will pay for representation. Most law firms work on a contingency fee basis with a stated percentage in the fee agreement. If the law firm cannot clearly describe the fees or ask you for a retainer, you deserve to know why.
• Integrity: Before hiring a law firm, you should feel good at the end of a free consultation that the law firm is equipped to handle your needs and deliver a good client experience. If you feel like you’re shuffled from one person to the next with no relationship at the start, that’s unlikely to change as work progresses.

The aftermath of an accident is a difficult time. You need a Colorado attorney you can trust to help you navigate the process and fight for a fair outcome. Do not be afraid to schedule multiple free consultations to find the best personal injury lawyer in Denver for your case. Contact our Denver law office to learn how Front Range Injury Attorneys can help you. We offer free consultations, so there is no risk to speak with us about whether we are the best fit for you.

Your initial consultation with our Denver law firm is free. We offer a no obligation, no cost consultation with an actual attorney. This way you can get an understanding of your rights, the potential value of your claims and how we can help you.

We do not charge upfront or bill hourly fees for our work for you. We take clients on a contingency fee agreement, also known as a no-win no-fee basis. We receive a percentage of the money we get for you as fees. If we do not win money for you, you us nothing.

An insurance company may offer you a lowball settlement offer to pressure you into settling for less than you deserve. If you want to receive fair compensation, the time period to pursue compensation depends on many factors. 

In most circumstances we advise clients to consider settlement offers after completing treatment so we can pursue recovery of all medical expenses, lost wages, long term effects and other types of damages. How long it takes for you to reach maximum medical improvement depends on the type and severity of your injuries. 

An adjuster may delay offering a fair settlement amount for many reasons, such as liability questions, the amount of your damages, or simply unfair tactics. The length of time to reach a fair resolution may depend on the adjuster’s tactics and whether we decide to file a lawsuit to put the decision in the court’s hands. 

It is ultimately your choice to accept or reject any offer. It is our job to present the strongest evidence possible and advise you to make the best decisions. 

Colorado does not require you to hire an accident law firm to pursue compensation, no matter how small or large. It is your decision to hire a Denver law firm. You may successfully settle minor property damage. If you suffered injuries, you should schedule a free consultation with our Denver office to understand your options and the potential value of your damages.

Insurers are not on your side and do not have to deal with you in good faith. They will use every trick at their disposal to pay you as little as possible. That includes suggesting you do not need to hire representation while they have armies of lawyers waiting to meet you in court. A skilled and experienced attorney understands their strategies and how to fight for full compensation for you.

Our 5-star review rated law office is located in The Lydian at 2590 Welton Street, near downtown Denver, Colorado. We are located in Curtis Park, just blocks away from the iconic Five Points. Although you can find our office in the urban center of the city, you will have no trouble visiting our office. If you choose to drive to our office, you can find on-site paid parking, metered parking and free street parking close to our front door. RTD also serves our office with a light rail stop directly in front of The Lydian.