Mintz Law Firm
When you suffer harm or injury at the hands of another party’s carelessness or recklessness, it can be a profoundly emotional, physical, and financially damaging experience. The injury or losses you suffer can have long-term effects that negatively impact your quality of life and leave you without a source of income. Fortunately, victims of someone else’s reckless actions have a chance to pursue justice and financial compensation through a personal injury claim. A personal injury claim can award victims for medical expenses and lost wages, among other kinds of damages.
You may be entitled to compensation if you’ve been injured or harmed because of another person or entity’s carelessness. Aurora personal injury attorneys can help you recover the total value of your claim and hold the at-fault party accountable. Contact a skilled personal injury lawyer from to get started on pursuing your legal right to compensation.
What Is a Personal Injury Claim?
A personal injury claim falls under a section of civil law that allows injured victims to hold the at-fault party liable by holding them financially responsible for expenses related to the accident and the victim’s injury. A personal injury lawsuit is crucial for obtaining compensation, as it provides legal recourse for individuals injured due to someone else's negligence. To hold a party liable, the victim or attorney must prove negligence. Negligence is made up of the following four elements:
Duty of Care
Under the law, nearly everyone and every entity owes a duty of care. Duty of care is a term that encompasses the legal standard of reasonable care that individuals, companies, and even government entities owe to avoid or prevent causing harm to someone.
Breach of Duty
Individuals or entities breach their duty of care when their behavior leads to someone being harmed or injured. The most common ways people or entities breach their duty of care include:
- Drunk driving
- Hit and run
- Reckless driving
- Speeding
- Failing to provide proper warning of risk regarding a product or failing to make the product reasonably safe
- Failing to maintain property reasonably safe or failing to provide fair warning of dangers on the property
- Medical professionals not following protocol or failing to take necessary steps to prevent harming patients
When drivers, medical professionals, property owners, or product manufacturers fail to meet their legal standard of care, the consequences can be dire. Injuries from personal injury accidents can leave people unable to work, eliminating their source of income but not their expenses or bills.
Causation
Once a duty of care is established as well as the breach of that duty, the next step is to prove the party’s breach of duty is the direct or proximate cause of the victim’s injury. Causation means proving that neither the accident nor the victim’s injury would have occurred if not for the party’s breach of duty.
Damages
In personal injury law, damages is a term that encompasses the victim's financial reward. Damages are calculated by conducting a thorough investigation of the accident, the victim's injury, and the effects of both on the victim's life. A victim may be able to recover the following damages in a personal injury claim:
- Medical expenses
- Lost wages (past and future earnings)
- Property damage
- Temporary and permanent disability
- Pain and suffering
Determining how much a victim may be eligible for their specific personal injury claim requires extensive knowledge of the law and resources to collect the necessary supporting evidence. Working with an experienced Aurora personal injury attorney is the best way to help ensure you are recovering the maximum value of your claim.
Colorado’s Statute of Limitations for Your Personal Injury Claim
After an accident, the first thing on one’s mind is their health and safety. While it’s critical to prioritize your own health, it’s also important to keep Colorado’s statute of limitations in mind. Colorado law understands that it can take time to collect yourself after an accident, but to help preserve evidence and prevent prolonged claims or lawsuits, they have a statute of limitations in place depending on your kind of personal injury claim. The statute of limitations for the most common type of personal injury claims are:
- Motor vehicle accidents: three years
- General personal injury: two years
- Product liability: two years
- Property damage during a motor vehicle accident: three years
- General property damage: two years
Two and three years may seem like enough time to file a claim, but two or three years can pass by in the blink of an eye. The longer you wait to file a claim, the more you risk losing your legal right to pursue fair compensation. Additionally, waiting too long may affect the evidence. Witnesses may forget the events, or paperwork may get lost over time. To preserve evidence and protect yourself, contact a personal injury lawyer as soon as possible to begin your claim process.
The Benefits of Working With an Aurora, CO Personal Injury Lawyer
While a personal injury claim may seem straightforward, insurance adjusters can complicate the process. You may be entitled to financial compensation, but the liable party’s insurance company will not be eager to pay you anything. It’s not uncommon for insurance companies to offer lower settlement offers than the claim's actual value or flat out deny the claim. Working with Aurora personal injury lawyers protects your legal rights and ensures that someone in your corner is fighting for your best interests. Mintz Law Firm’s dedicated attorneys can:
- Explain your legal rights and the best way to recover financial compensation
- Negotiate with insurance companies and protect you from their bad faith tactics
- Guide you through the process so you don’t make mistakes that may hurt your claim
- Investigate the accident and obtain evidence to prove liability
- Contact experts to assist with your claim
- Calculate the maximum value of your claim
- Get your claim ready for trial, if necessary
As someone injured by someone’s negligence, you deserve to receive maximum compensation to help you recover and provide the financial support that your injury has cost you. Work with an experienced and trusted lawyer to help ensure you achieve the best possible outcome for your claim.
Recover Compensation With Mintz Law Firm
At Mintz Law Firm, we know that filing a personal injury claim can be a lot to handle, but you don’t have to do it alone. Our attorneys have the expertise and resources to help you pursue your right to compensation. The process may be overwhelming to you, but we know how to build strong claims and handle insurance companies. When you partner with Mintz Law Firm, you can be confident that your attorney is fighting for you and won’t settle for anything less than full and just compensation, even if it means going to trial.
Want to speak with one of our attorneys? Schedule a consultation with our personal injury attorneys at (303) 462-2999 or fill out our contact form.
Time Limits for Filing
Filing a personal injury claim promptly is crucial. Delays can significantly impact the availability and reliability of evidence, such as witness testimonies and physical proof of injury or damages. In Colorado, the statute of limitations for most personal injury claims is two years and three years for motor vehicle accidents. Missing these deadlines means losing the right to pursue compensation. To ensure your claim is filed on time and to protect your legal rights, seek legal help immediately. Our attorneys at Mintz Law Firm are here to guide you through the process and ensure your claim is filed within the required time frame.
Awards You May Be Eligible For
In a personal injury claim, you may be eligible for various types of compensation. These include medical expenses, covering everything from emergency room visits to ongoing treatment costs; lost wages, both past earnings, and future income potential; property damage, such as vehicle repairs; and pain and suffering, which addresses the physical and emotional distress caused by the injury. An experienced attorney can help calculate the full extent of these damages and gather the necessary evidence to support your claim, helping you receive the maximum compensation available.
Affording an Aurora Personal Injury Lawyer
At Mintz Law Firm, we understand the financial strain an injury can cause. That's why we offer contingency fee arrangements, meaning you don't pay unless we win your case. This approach ensures that quality legal representation is accessible to everyone, regardless of their financial situation. We are transparent about our fees and will discuss all potential costs upfront so you know exactly what to expect. Trust us to handle your case without adding financial stress to your life.
What to Do After Suffering a Car Accident Injury in Aurora, CO
After a car accident, prioritize your safety and well-being. First, seek medical attention immediately, even if you think your injuries are minor. Document the scene by taking photos and gathering contact information from witnesses. Report the accident to the police and obtain a copy of the report. Finally, contact a personal injury attorney as soon as possible. An attorney can guide you through the process, help preserve crucial evidence, and ensure your rights are protected. At Mintz Law Firm, we are ready to assist you every step of the way.
Why Do You Need an Aurora Personal Injury Lawyer?
Navigating the complexities of personal injury law can be daunting without professional help. An Aurora personal injury lawyer plays a critical role in ensuring your rights are protected and your case is handled effectively. Lawyers understand the legal jargon and paperwork involved in personal injury claims, which can be overwhelming for someone without legal training. They also negotiate with insurance companies, which often try to minimize payouts. A skilled attorney can counter these tactics, advocating for fair compensation. Moreover, having legal representation allows you to focus on your recovery while your lawyer manages the legal process.
Types of Personal Injury Cases We Handle
Mintz Law Firm handles a wide range of personal injury cases, providing legal representation to clients in various situations:
- Automobile Accidents: Whether you are involved in a car, truck, or pedestrian accident, we help you navigate the complexities of insurance claims and ensure you receive the compensation you deserve.
- Motorcycle Accidents: These cases often involve severe injuries. Our team understands the unique challenges motorcyclists face and fights for maximum compensation.
- Work-Related Injuries: From construction site accidents to office injuries, we represent workers seeking fair compensation for injuries sustained on the job.
- Slip-and-Fall Accidents: Property owners have a duty to maintain safe premises. We hold negligent parties accountable for slip-and-fall injuries.
- Nursing Home Abuse: We advocate for vulnerable individuals who have suffered abuse or neglect in nursing homes, ensuring their rights are protected and they receive justice.
Our extensive experience in these areas allows us to build strong cases tailored to each client's specific circumstances, ensuring the best possible outcomes.
Understanding the Personal Injury Claim Process
The personal injury claim process can be complex, but having a knowledgeable attorney can make a significant difference. The process typically begins with an initial consultation where the lawyer assesses your case. Following this, an investigation is conducted to gather evidence, which may include medical records, witness statements, and expert testimonies. The next step involves negotiating with the at-fault party’s insurance company to reach a fair settlement. If a satisfactory settlement is not achieved, the case may proceed to trial. Throughout each step, having an attorney guide you ensures that all legal procedures are correctly followed and your interests are vigorously represented.
Common Injuries in Personal Injury Cases
Personal injury cases can result in a variety of injuries, each with its own impact on the victim's life. Common injuries include:
- Fractures: Broken bones can require extensive medical treatment and rehabilitation.
- Traumatic Brain Injuries (TBI): These can have long-term effects on cognitive and physical abilities, necessitating ongoing care.
- Spinal Cord Injuries: Such injuries can lead to partial or complete paralysis, profoundly affecting mobility and independence.
- Soft Tissue Injuries: These include sprains, strains, and bruising, which can cause significant pain and limit functionality.
Seeking compensation for these injuries is essential to cover medical expenses, lost wages, and other related costs, helping victims rebuild their lives.
How to Choose the Right Personal Injury Lawyer
Selecting the right personal injury lawyer is crucial for the success of your case. Consider the following factors:
- Experience: Look for a lawyer with a proven track record in handling cases similar to yours.
- Reputation: Client reviews and testimonials can provide insight into the lawyer’s reliability and success rate.
- Communication: Choose a lawyer who is willing to communicate openly and explain your legal options clearly.
- Resources: Ensure the lawyer has the resources to thoroughly investigate and build your case.
At Mintz Law Firm, we pride ourselves on our extensive experience, dedication to client care, and commitment to achieving the best possible outcomes for our clients.
How Partial Fault Affects a Personal Injury Claim
In Colorado, the concept of partial fault can significantly impact a personal injury claim. If you are found to be partially responsible for the accident or injury, it can reduce the amount of compensation you are entitled to receive. However, this does not necessarily mean that you are barred from recovering damages.
Colorado operates under a modified comparative negligence system, which means that if you are found to be less than 50% responsible for the accident, you can still recover compensation. However, the amount of compensation you receive will be reduced by the percentage of fault attributed to you.
For example, if you are found to be 20% responsible for the accident and the other party is found to be 80% responsible, you can still recover 80% of the total damages. However, if you are found to be 50% or more responsible for the accident, you will not be able to recover any compensation.
It’s essential to work with an experienced personal injury attorney who can help you navigate the complexities of partial fault and ensure that you receive the maximum amount of compensation you are entitled to.
Helpful Links
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