Colorado Springs Personal Injury Claim
A Colorado Springs personal injury claim can be difficult to navigate without a competent lawyer. You need someone on your side who is familiar with the process and can help you obtain the compensation that you deserve. Brylak Law has worked with countless clients who were injured due to the negligence, recklessness, or intentional actions of someone else. Call our personal injury attorney today to learn more about handling your personal injury claim.
Do You Have a Colorado Springs Personal Injury Claim?
Personal injury claims can be complex and confusing. You may not even be sure if you have a valid claim. A skilled Colorado Springs personal injury attorney can provide valuable legal guidance and inform you of your options. In order to make a personal injury claim, you must be able to prove:
- You sustained injuries or other losses, such as property damage.
- Someone owed you a duty, such as to act reasonably and not negligently.
- That person breached that duty by acting negligently, recklessly, or intentionally.
- The breach of that duty resulted in your injuries or losses.
- You have damages that resulted from your injuries or losses.
Each of these elements is important in a Colorado Springs CO personal injury claim. But they can be difficult to prove. If you were hurt because of someone else’s actions or failure to act in a reasonable manner, then you may have a valid claim. However, you must also show that the person owed you a duty, breached that duty, and caused your injuries which resulted in damages. Speak with an experienced lawyer to determine what you need to do to support your claim.
When Can You File a Personal Injury Lawsuit?
There are deadlines that must be met when filing lawsuits, called the “statutes of limitation.” They dictate that you only have a certain amount of time to file a lawsuit after you are injured by someone else’s actions or inaction. If you fail to file a lawsuit within that time period, then your case may be dismissed and you may not be able to obtain compensation.
Obtaining Compensation for Your Injuries
The goal in a Colorado Springs CO personal injury claim is to obtain compensation for your injuries or losses. Most compensation works to repay you for the financial losses you’ve incurred and other damages you have sustained. The two types of compensatory damages are follows:
- Economic – These losses are monetarily quantifiable and can be proven through medical bills, lost wages, and other direct financial losses. It may also include property damage, cost of alterations to your home after an injury, and more.
- Non-economic – These losses are more difficult apply a monetary value because there is no direct financial cost to you. They include things like pain, suffering, mental anguish, loss of consortium, and other losses.
It can be difficult to prove your damages in a Colorado Springs CO personal injury claim. Many losses require proof through expert witness testimony or economic professional to show how much the loss is worth in monetary terms. Your experienced attorney understands these aspects of your case and can help you obtain the most compensation possible.
You may also be able to obtain punitive damages. These are not meant to compensate you for your losses. Instead, they punish the person who caused your injuries. They act as a deterrent to the defendant and others who may act negligently, recklessly, or intentionally and cause harm to others. Your attorney can evaluate your Colorado Springs CO personal injury claim and determine if punitive damages are an option for you.
Colorado Springs CO Personal Injury Claim Process
There are specific steps in every personal injury claim process that your attorney will take, including:
Step One: File a Lawsuit
A Colorado Springs CO personal injury claim usually begins by submitting a demand for compensation to the insurance company or other party responsible for your injuries. However, if they do not respond or if they fail to make you a reasonable offer of settlement, then you may have to file a lawsuit in court. You will likely file the lawsuit in the jurisdiction, or location, where the injury occurred or where you live.
Step Two: Give the Defendant Notice of the Lawsuit
After you file a lawsuit, you must give the defendant, or other party, notice that you have filed a Colorado Springs CO personal injury claim against them. This allows them to prepare for the case. If you fail to provide them with notice, the court may dismiss your case.
Step Three: Get the Defendant’s Answer
The defendant will be given a certain amount of time to respond to the claims that you made in your complaint against them. They may admit or deny your allegations. If they fail to respond, then you may get a default judgment in your favor.
Step Four: Discovery
Discovery is the process through which the plaintiff, you, and the defendant, the other party, share information. If you have information that supports your claim, you may give it to the other side to prove that you deserve compensation. The other side may also request information from you in an attempt to disprove your case.
Step Five: Submit Pre-Trial Motions
Before you go to trial, you will be able to submit several questions to the judge in an attempt to get some decisions prior to submitting the decision to the jury.
Step Six: Engage in Trial
Legally, you have a right to a trial by jury; however, it may be a better strategic move to try your Colorado Springs CO personal injury claim in front of just a judge. Your experienced personal injury attorney can help you decide which is the best option for you.
Step Seven: Submit Post-Trial Motions or an Appeal
Although the goal is to win at trial, if you do not, you may have other options. You may be able to request a new trial or appeal the decision in your case through post-trial motions.
How Can an Attorney Help With Your Colorado Springs CO Personal Injury Claim?
Negotiating with insurance companies or trying to take your case requires legal expertise. An injury attorney can advocate for you and help you with the following:
- Obtain statements from bystanders, other parties, and other witnesses. These witness statements can help provide evidence as to what happened in your personal injury claim. Attorneys know the questions to ask and how to get specific information from people.
- Gather reports from medical providers, the police, and insurance companies, which can help prove certain elements of your case. These people can be difficult to obtain information from, but an attorney can make a request that often successfully obtains necessary information.
- Reach out to experts. Expert witnesses can contribute information to your case about what happened in your accident as well as your medical conditions. Attorneys can find expert witnesses who have specific experience in your case type and who will provide information necessary to prove your case.
- Negotiate with insurance companies. Attorneys have worked with insurance companies many times, and know how to pressure them to make decisions that are beneficial to you.
- Obtain necessary documents. Documents to the court and other parties must contain legal language and specific arguments. Your attorney has specialized education that helps them present a complaint to begin your injury claim and send discovery documents to the other parties.
- Persuade the judge or jury that you deserve compensation for your losses.
Statistics indicate that you have a better chance of obtaining more compensation if you have lawyer representation. An attorney can correspond with other parties, insurance companies, medical providers, and the court on your behalf. You will have to deal with less stress and increase your chances of success.
Contact a Colorado Springs Injury Attorney for Help With Your Injury Claim
After an accident, you may have no idea what to do next. It’s best to let a professional guide you through the Colorado Springs CO personal injury claim process so you have the best chance at obtaining compensation for your injuries and other losses. Call Brylak Law today to discuss your case.