Pueblo CO Personal Injury Claim
If you have a Pueblo CO personal injury claim, speak with an injury attorney as soon as possible. The personal injury claim process can be complex, and requires a significant amount of legal knowledge. By working with an experienced attorney, you put yourself in the best position possible for a successful claim. Call Brylak Law today to find out how we can help you.
How to Know If You Have a Pueblo CO Personal Injury Claim
It can be difficult to know whether your Pueblo Co personal injury claim is valid and whether you can file a lawsuit. In a personal injury claim, you must show the following:
- You sustained injuries or losses.
- Someone else owed a duty to you (often to not act negligently).
- Someone breached that duty.
- That breach of duty caused your injuries or losses.
- You sustained damages as a result of your injuries.
If you sustained injuries or losses due to someone else’s actions or inaction, you may have a valid claim. Most personal injury claims are based on negligence. Negligence implies that someone acted in an irresponsible or reckless manner, in a way that other reasonable people would not in similar situations. If a person acted negligently and caused your injuries, you may have a Pueblo CO personal injury claim.
How Long Do You Have to File a Personal Injury Lawsuit?
All personal injury lawsuits must be filed within a specific statute of limitations. A statute of limitations is a deadline imposed by law. If you miss that deadline, your Pueblo CO personal injury claim may not be valid.
You must also meet deadlines imposed by the court and legal procedure. Once you file a lawsuit, the defendant has a certain amount of time to respond. Then, the plaintiff may respond to that statement. If you do not file the documents according to specified deadlines, the court may dismiss your Pueblo CO personal injury claim.
Compensation for Your Pueblo CO Personal Injury Claim
One of the elements of a Pueblo CO personal injury claim requires that you have damages as a result of the injury that was caused by someone else. If you do not have damages, then you may not be able to recover compensation through a personal injury claim. Your damages may be:
- Economic – These losses include anything that can be easily quantified monetarily to show your direct financial loss. This includes medical bills, lost wages, property damage, and more.
- Non-economic – These losses include things that are not as easily quantified, and it is more difficult to place a financial cost on them. For example, pain and suffering, mental anguish, loss of consortium, and other emotional and mental losses.
Although all your losses are valid, it can be difficult to quantify non-economic or future damages. In many Pueblo CO personal injury claims, attorneys must use expert witnesses to prove the amount of compensation you deserve. The insurance company or other party will likely try to minimize your damages, so it’s important to work with someone who is skilled in negotiation and who understands the real value of your injuries.
You may also be eligible for punitive damages. Punitive damages do not compensate you for a loss, but instead are meant to punish the person who acted negligently. They are used to discourage the wrongful behavior in the future or punish the person who acted unreasonably. Your attorney can help you understand if your Pueblo CO personal injury claim should include punitive damages.
Pueblo CO Personal Injury Claim Process
The personal injury claims process can be complex. When you decide to file a claim after an accident or intentional action, you may be unsure of where to start. By working with an attorney, you can feel more confident in the steps you will take. Read below to find out what steps you should take in a Pueblo CO personal injury claim.
Step One: File a Complaint to Initiate a Lawsuit
Your attorney will likely submit a demand to the person who caused your losses, or to their insurance company. However, if they do not respond or fail to make an acceptable settlement offer, you may decide to file a lawsuit. This requires drafting a complaint with legal causes of action to support your position that you deserve compensation. You must file this document in a courthouse in the proper jurisdiction. A jurisdiction is a geographic location in which a court has power over lawsuits. The proper jurisdiction is likely the county where you live or where the accident occurred.
Step Two: Serve Notice of the Lawsuit on the Defendant
The next step in the Pueblo CO personal injury claim process involves serving your complaint and a notice of lawsuit on the defendant, or the person or company who caused your injuries. You must serve these documents in a specific manner in accordance with the law; otherwise, the court may dismiss your lawsuit.
Step Three: Receive the Defendant’s Answer to Your Complaint
The defendant will have a certain amount of time to respond to your claims in the complaint. They may deny or admit any of the statements that you made. If they do not answer, you may receive a default judgment in your favor.
Step Four: Gather Information Through the Discovery Process
Your attorney and the defendant will engage in discovery through the Pueblo CO personal injury process. This involves asking for evidence from the defendant and revealing information that supports your claims to them. This process should eliminate any surprises going into court.
Step Five: Engage in Pre-Trial Motions
Your attorney may submit several pre-trial motions related to your case. This process asks the judge to make decisions before the case makes it to the jury. A professional should review your case and help you submit pre-trial motions.
Step Six: Go to Trial
You may take your case to trial in front of a judge or a jury. There are different strategic reasons that either may be preferable. Your attorney can help you make this decision.
Step Seven: Submit an Appeal or Post-Trial Motions
If you do not win your case, you may appeal the decision or submit post-trial motions for a new trial.
A Lawyer Can Help You With Your Pueblo CO Personal Injury Claim
If you or a loved one have been injured by someone else’s negligent, reckless, or intentional actions, you should contact an attorney at Brylak Law right away. We will walk you through the Pueblo CO personal injury claim process and help you obtain compensation. Call us today