Terms You Should Know After A Personal Injury in Denver
Sept. 13, 2017
Personal injury victims often feel as if they don’t fully understand their legal options or the steps in the legal process. This could be because they aren’t familiar with a lot of terms that their attorneys are using. To solve this problem, take a look at these terms that you should know after a personal injury in Denver:
Statute of Limitations
You only have a certain amount of time to file a personal injury lawsuit. In the state of Colorado, victims have two years from the date they were injured to file a lawsuit. However, if the injury occurred in a car accident, the statute of limitations is extended to three years. Learn more about Colorado civil statute of limitations laws.
When used in a personal injury case, this term refers to payment that the defendant must make to the victim. For example, a victim may be awarded $100,000 in damages to cover her medical expenses, lost wages, and pain and suffering.
Preponderance of Evidence
In a criminal case, the prosecutor must show that the defendant is guilty beyond a reasonable doubt. However, in a civil case, the plaintiff only has to provide a preponderance of evidence that the defendant’s negligent actions caused the plaintiff’s injuries. This means that the evidence presented by the plaintiff must be more convincing than the evidence presented by the defense.
Colorado is a modified comparative negligence state, which means that a victim can still recover compensation from the defendant even if she was partly to blame for the accident. However, if the court finds that the victim was more than 50% responsible for the accident, she will not be able to recover any compensation at all. If she is less than 50% responsible, she can recover compensation, but the amount may be reduced.
For example, let’s say the court finds that the victim was 20% responsible for the car accident and the defendant was 80% responsible. If the victim was supposed to receive $10,000, she would only be awarded 80% of this compensation, or $8,000 since she was 20% responsible.
If your case goes to trial, both attorneys may call expert witnesses to the stand. An expert witness is an individual who was not involved in the accident, but can testify because he has special knowledge in a field that is relevant to the case. For instance, a personal injury attorney may call a medical expert to the stand to explain your complicated injuries to the jury. He may also call upon an accident reconstruction expert to recreate the accident for the jury and explain why the other driver was clearly at fault.
If you have been injured by the negligent acts of another person, don’t hesitate to seek legal representation from an experienced personal injury attorney. Mark A. Simon will work tirelessly to ensure you receive the compensation that you deserve. Call us or contact Mark A. Simon to discuss your legal options during a free consultation.