Englewood Catastrophic Injury Lawyer
When a person suffers a permanent injury or disfigurement, it is not just the injured person who suffers. There can be a devastating impact on loved ones, family life, the injured person may no longer be able to work, and the injury may limit their future contributions to their community and society.
If the negligence of someone else—an individual, a company, a government, or some combination of these—contributed to an accident that led to catastrophic injuries, legal remedies are available. An Englewood catastrophic injury lawyer could help obtain justice for an injured person and their family. Although financial compensation cannot turn back the clock, it can provide the injured person and their family some economic security and the satisfaction of holding a negligent party accountable. Speak with a knowledgeable attorney to learn more.
Establishing Negligence in a Case with Permanent Injuries
An injured person must demonstrate that someone else was negligent and that this negligence caused their injuries to collect damages. A personal injury attorney could investigate the circumstances of a particular accident to determine whether negligence was a factor.
C.R.S.§13.21.11 sets forth the standard that allows injured people to sue negligent parties for damages. It says that a person seeking damages for injuries caused by another’s negligence may sue even if the injured person was partially responsible for the accident. The injured person may seek damages from anyone who holds more responsibility for the accident than the injured person does.
However, if the injured person is more than 50 percent responsible for the accident, the person may not seek damages from anyone else. In cases where the plaintiff does not bear primary responsibility, but is at fault to some degree, a judge will adjust the damages the plaintiff receives to reflect the plaintiff’s degree of responsibility.
Obtaining Damages in an Englewood Catastrophic Injury Case
Compensatory damages are supposed to compensate a person for the losses they suffered. One type is called economic damages—that is, damages that have an objective dollar value. Examples of economic damages include:
- Out-of-pocket medical expenses associated with treating the injury
- Ongoing medical expenses, including medications, physical therapy, speech therapy, occupational therapy, wheelchair, prosthesis, or other medical equipment
- Necessary accommodations for the injury, such as renovations to a home and modifications to vehicles
- Lost wages, including future earnings and loss of earning potential
- Costs of treating emotional distress resulting from the accident
For losses that are not quantifiable, an injured person can seek non-economic damages. Examples of non-economic damages include pain and suffering, mental anguish, humiliation or embarrassment due to disability or scarring, etc.
C.R.S. §13-21-102.5(3)(a) places a cap on non-economic damages. If an accident happened before Jan 1, 2020, the cap is $468,010, but if there is clear and convincing evidence that this amount is inadequate given the plaintiff’s losses, a judge may increase the amount to a maximum of $936,030. For accidents that occurred after Jan.1, 2020, the limit is $613,760, unless clear and convincing evidence establishes that more is appropriate—in that case a plaintiff may receive up to $1,227,530. A skilled attorney might persuade a court to award a significant sum to people who have experienced permanent, life-changing injuries due to another’s negligence.
Schedule a Consultation with an Englewood Catastrophic Injury Attorney
You have only two years to file a personal injury lawsuit in Colorado, but it can take months, even years, to re-establish some semblance of normalcy after a catastrophic injury. You should be spending that time trying to recover and resume the fullest life possible, not attempting to get satisfaction from the parties responsible for the accident.
Instead, consult an attorney soon as possible. A lawyer could investigate the situation and explore potential theories of liability, then try to negotiate a settlement that provides adequate compensation under the circumstances. If negotiations are fruitless, an attorney could file a lawsuit.
Contact an Englewood catastrophic injury lawyer to protect your rights and advocate for your family’s future security. Call to schedule a case review today.