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Your guide to Denver personal injury law


November 5, 2019

Personal injury law is complicated, which is why it is typically recommended that you seek out the assistance and guidance of a personal injury attorney when dealing with claims. While we always recommend you seek the assistance of a lawyer, we also recommend you educate yourself prior to doing so. By taking the time to educate yourself, you can not only save time but also be educated enough to help keep yourself from getting scammed from what you think is an honorable personal injury attorney. 

Lawsuits
There are many different types of lawsuits, and each are typically used for a specific purchase. 
  • Negligence: Some of the most common lawsuits, negligence claims, are used to when someone has failed to exercise reasonable care under the law. This might be used in the case of a car accident, or if you were visiting a friend who had a massive hole in their sidewalk and failed to rope it off.
  • Wrongful Death: This lawsuit is similar to what it sounds, family members sue a defendant for the death of their loved one - often request monetary damages to help cover funeral costs and wages. 
  • Medical Malpractice: This one tends to be a little less popular, but this is because it’s only to be used when patients have been mistreated by a healthcare professional. An example of this could be when a healthcare professional has failed to accurately diagnose, or treat, an injury or illness which resulted in delayed treatment. 

There are a few additional cases, and statues, that can affect your lawsuit moving forward. The first of which can be comparative negligence. But what is comparative negligence? 

In Colorado, there is a thing known as comparative negligence. Comparative negligence is most used when a negligence case is not so straight forward. Sometimes a plaintiff can do something that might contribute to their injury. Comparative negligence helps to divide up damages and responsibilities when an accident might be the fault of two people involved. So if there was a car accident, with medical bills totally $10,000...and it is found that the plaintiff and defendant were equally responsible, the two parties would split the cost 50/50.

The Result
The results of the lawsuit, or the things that plaintiffs are awarded, are known as “damages.” Damages can be divided into two categories, economic and non-economic. Economic damages are typically monetary and can help pay for medical bills, lost wages, etc. Non-economic damages are the results of the injury that aren’t as tangible - pain and suffering. Pain and suffering can result in monetary compensation as well, but it’s still defined as a different category. So, let’s look at an example: 

Suzie has been in a serious car accident with her husband. Suzie is now paralyzed from the waist down and she lost her husband in the accident. After her lawsuit, she was awarded $2 million for lost wages, as well as medical bills and another $4 million in pain and suffering.

In the example with Suzie, the $2 million represents the economic damages, while the $4 million represents the non-economic damages. While both result in a monetary payout, the reasoning for this is very different.

Important Note
Something very important to note is that the aforementioned information does not apply to you if you were working at your place of employment when the injury happened. By Colorado law, employers are required to have insurance in case an employee gets injured, or sick, while working. Now, this doesn’t cover coming down with a cold, or being sore from being on your feet too long. What is covered would be a significant burn from working at a coal factory, or perhaps seriously injuring your back from lifting packages. If this applies to you, your process will certainly be different.

For example, you’ll need to notify your employer within 2-4 days that you’ve been injured on the job, and be ready to provide plenty of details as to how this occurred. Your employer should handle reporting the injury to the Division of Workers Compensation, but we highly advise you check in often to make sure they have.

Mark A. Simon is someone who will fight tirelessly for your rights and ensure that you receive the highest possible settlement for each individual case. He will begin the investigation process immediately, ensuring you receive the best representation possible. When it comes to a personal injury attorney in Denver, you shouldn’t sacrifice quality for convenience and opt for the first person you find. Select an attorney who will get you the outcome you desire and the settlement you need. If you are in the Denver metro area and require legal help or assistance, contact him at 303-321-4878 to discuss your legal options during a free consultation.