Johnstown Personal Injury Lawyer
When the unthinkable happens and you are injured in an accident, the physical, emotional, and financial toll can be life-altering. Receiving fair compensation for your injuries from the party at fault could help you address some of these challenges and get the justice you deserve. A Johnstown personal injury lawyer with experience assisting victims like you could help you recover damages, so you can start to recover your life. Contact an experienced injury attorney today to get started on your claim.
How Does Someone Prove Fault in Johnstown?
A Johnstown personal injury attorney could review information about an accident, including medical records, police reports, photos of the scene and injuries, witness statements, and other documentation, to establish the party responsible for the plaintiff’s injuries. To bring a cause of action for a personal injury in Johnstown, the plaintiff must establish that the defendant was negligent. Negligence means the failure to act as a reasonably prudent person would in a similar situation, and can be established by proving four elements:
- The defendant owed a duty of care to the plaintiff
- The defendant breached that duty
- The defendant’s breach caused the plaintiff to suffer an injury
- The plaintiff incurred damages as a result of the injury
In Colorado, a defendant can also be found to be negligent per se if they violated any state statute or rule, meaning, if there was a violation, the defendant is presumed to have acted negligently.
The Role of Comparative Negligence
In Colorado, even if the plaintiff’s negligence also contributed to their injuries, they would not be barred from recovering damages unless they were 50 percent or more at fault. Rather, under the doctrine of comparative negligence—outlined in Colorado Revised Statutes §12-21-111—the court will reduce the amount of damages awarded in proportion to the amount of negligence attributable to the plaintiff.
Types of Damages in Johnstown Personal Injury Cases
In personal injury cases, the plaintiff may seek compensatory damages that are intended to compensate the victim for their losses and make them whole, at least financially. These types of damages may include medical expenses, lost wages, and pain and suffering. A personal injury lawyer in Johnstown could help an injured victim recover the compensation they deserve.
In addition, under Colorado Revised Statutes §12-21-102, punitive (or exemplary) damages can be awarded to punish the party at fault for willful or wanton conduct or actions that are were purposefully committed and considered especially dangerous or reckless, with the purpose of discouraging others from acting in a similar manner. However, the plaintiff themselves cannot request punitive damages. Rather, a claim will only be allowed after the plaintiff establishes a triable issue of exemplary damages.
What is the Deadline for Filing an Injury Claim?
The statute of limitations for filing a personal injury claim based on negligence in Colorado is two years from the date the injury was sustained. However, in cases where a motor vehicle was involved and caused the injury to the plaintiff or their property, the period to file is extended to three years from the date of the accident or discovery of the injury, or when it reasonably should have been discovered.
Talk to a Johnstown Personal Injury Attorney Today
Personal injury cases can be complex. You may need help to establish fault and recover damages for injuries you sustained as a result of someone else’s negligence, and a Johnstown personal injury lawyer could provide you the effective experience and resources you need. Call today to discuss your situation and see what options may be available to you.
