Evans Personal Injury Lawyer
Being the victim of a personal injury accident often involves expensive medical bills and loss of wages, ultimately placing a strain on the finances of the injured person. Some injuries are so severe that victims are unable to move, potentially limiting their mobility long after the accident occurred. Fortunately, the law makes it possible for injured victims to pursue a compensation claim in order to cover any related costs.
An Evans personal injury lawyer may be able to review the details of your accident and provide you with the most recommended course of action. By working with a skilled injury attorney, you are not only increasing the likelihood of filing a successful compensation, but you are also holding the negligent party accountable for their careless actions. To get started on your case, be sure to schedule a consultation today.
Injury Claims Process in Evans
In personal injury cases, the at-fault party or parties often carry an insurance policy, such as the minimum liability car insurance all motorists are required to maintain under Colorado law. The first stage in the timeline to move towards recovering damages for the injured person is to file a claim with the defendant’s insurance company.
Insurance companies may push the injured party to settle the claim before the individual has realized the full measure of their injuries and received sufficient treatment. The defendant’s insurer could also present a settlement offer that is much lower than the amount commensurate with the injuries the victim sustained.
If it is not possible to achieve a settlement with the insurance company, it may be necessary to pursue a lawsuit for compensation. A knowledgeable Evans personal injury attorney who is familiar with the applicable laws governing personal injury claims could conduct a thorough investigation of the incident and determine an effective plan of action move forward.
Statute of Limitations for Personal Injury Claims
As stated by Colorado Revised Statue §13-80-101, injured parties have a two-year statute of limitations deadline to file suit for compensation for all non-auto accident personal injury matters. A three-year statute of limitations applies to auto accident lawsuits.
If the injured individual wishes to pursue a lawsuit to recover compensation for the losses they sustained, they must do so within the applicable statute of limitations or be potentially barred from asserting their claim.
Recoverable Compensation in a Personal Injury Case
Most personal injury cases in Evans involve two types of compensation: economic damages and non-economic damages. Examples of economic losses include medical expenses for things like physical therapy, medications, and surgery. The injured party could also recover economic damages for lost wages if they miss time for work for treatment.
Non-economic damages are losses that cannot be quantified, and are based on the effect the injuries have had on the person’s life. Compensation for economic turmoil pain, and suffering are all examples of non-economic damages an accomplished Evans personal injury lawyer could pursue.
The Modified Comparative Fault Rule
Under C.R.S. §13-21-111, an injured party can still recover damages even if they were partly to blame for the accident or incident. For instance, suppose an individual sustains injuries in a slip and fall at a store. The person was not paying attention to where they were walking at the time of the fall. They did not notice that some of the floor tiles were broken and tripped as a result.
In this case, a court may determine that the store was 80 percent at fault, while the injured party was assigned the remaining 20 percent of the fault. The modified comparative fault rule would then reduce the total damages awarded by 20 percent.
Contact an Evans Personal Injury Attorney for Help
If you or a loved one sustained an unfortunate injury as a result of the negligence of another person, it is recommended to get in touch with an Evans personal injury lawyer as soon as possible. An experienced attorney may be able to gather evidence on your behalf and provide you with valuable insight throughout the injury claims process. To find out more, or to get started on filing a claim, be sure to schedule a consultation today.