Introduction to Personal Injury Law in Denver

May 29, 2024
  • Understanding personal injury law is crucial for residents in Denver who’ve been injured due to the negligence of others, as this will help you make informed decisions and confidently pursue legal action.

    Here, you’ll find all you need to know to navigate these challenging times and secure rightful compensation. We’ll provide an in-depth look at personal injury law, common types of cases in Denver, essential steps to take after an injury, and more.

    What is Personal Injury Law?

    Personal injury law covers legal disputes that arise when an individual suffers harm or injury due to another party’s negligence, who then becomes legally responsible for that harm. In Denver, personal injury cases are typically resolved through civil litigation, where the injured party seeks compensation for their damages.

    As these cases follow specific procedures and there are different statutes, regulations, and laws that apply depending on the case’s circumstances, it’s vital to seek legal help. A personal injury lawyer can help you navigate Colorado’s legal system, gather necessary evidence, and advocate on your behalf to maximize your compensation.

    Common Types of Personal Injury Cases in Denver

    • Car accidents: Colorado law requires drivers to carry insurance, and you can get compensated even in cases of uninsured or underinsured drivers.
    • Slip and fall accidents: Property owners must maintain safe environments by law, so when negligence leads to accidents, victims can seek compensation.
    • Medical malpractice: Healthcare professionals must provide a standard level of care. Failures resulting in patient harm are sufficient grounds for malpractice claims.
    • Dog bites: Owners are liable for injuries caused by their pets.
    • Defective products: Manufacturers must ensure their products are safe, and defects leading to injury can be solved through product liability claims.
    • Workplace injuries: Employees injured on the job can seek workers’ compensation benefits for medical expenses and lost wages.
    • Wrongful death: Families of deceased victims can pursue claims for loss of support, companionship, and other damages.

    Understanding the Statute of Limitations for Personal Injury Cases in Denver

    Most of the cases listed above are affected by the statute of limitations for personal injury (as per C.R.S  § 13-80-102). The statute of limitations sets the maximum time after an incident within which you need to initiate legal proceedings, and in Denver, it is two years for most personal injury cases.

    Missing this deadline can result in losing your right to compensation, making it essential to promptly consult with our lawyers to ensure your claim is correctly filed.

    Key Legal Considerations You Should Know for Personal Injury Cases

    Colorado’s comparative negligence law, outlined in C.R.S. § 13-21-111, plays a significant role in determining compensation. This statute means that your percentage of fault can reduce your compensation in the incident. For instance, if you’re found to be 20% at fault, your damages will be reduced accordingly. Our lawyers, however, will work to prove the other party’s 100% fault.

    To do this, Colorado law demands us to establish that the defendant owed you a duty of care and breached this duty. This involves proving negligence, or, in other words, establishing a direct link between the defendant’s actions and the plaintiff’s injuries.

    For example, drivers must follow traffic laws to ensure the safety of others on the road. For a car accident claim, we need to prove that this duty was breached and directly caused your injuries, which often requires substantial evidence, including witness statements and expert testimonies.

    Gathering thorough evidence is a cornerstone to building a compelling personal injury case. Specifically, it’s crucial to keep important records, such as medical bills, police reports, and photos, as this substantiates your claim and helps in proving the extent of your damages.

    Lastly, insurance companies, involved in settlement negotiations and compensation payouts, are yet another component of a personal injury claim. They often aim to minimize payouts or refuse to offer a fair settlement. However, you don’t have to face insurers alone: an experienced personal injury attorney will negotiate effectively on your behalf and level the playing field.

    Steps to Take After an Injury to Protect Your Legal Rights

    After sustaining an injury in Denver, make sure to take immediate action to protect your legal rights and ensure a smooth legal process. We recommend you take the following steps:

    1. Seek medical attention: Even if injuries seem minor, visit a healthcare provider to document your condition and receive necessary treatment. Keep all medical records and receipts.
    2. Report the injury: Notify relevant authorities depending on the nature of the incident. For car accidents, contact the Denver Police Department at 911. For workplace injuries, inform your employer and file a WC-15 form with the Division of Workers’ Compensation.
    3. Document the scene: Take photos of the accident site, injuries, and any property damage. Collect contact information from witnesses and involved parties.

    Contact Boesen Law to discuss your case and understand your legal options, rights, and the best course of action to pursue compensation. Dealing with insurance companies yourself can directly impact your ability to secure the maximum amount of compensation you are entitled to. 

    How to Choose the Right Personal Injury Lawyer in Denver

    After a personal injury in Denver, it’s advisable to choose a lawyer with both extensive experience in cases similar to yours, and a familiarity with the local legal landscape. This includes knowing Denver’s courts, laws, and legal community.

    At Boesen Law, we offer free consultations to discuss your case and determine if our expertise aligns with your needs. We are open to hearing your questions, discuss the root consequences of the accidents, and strategize a course of action. It’s our mission to consider the impact of your injuries, and calculate a fair amount of compensation that allows you to move forward with your life.

    Contact us today with no upfront costs to you — our lawyers have decades of experience handling personal injury cases across Colorado.