Did you suffer an injury in Colorado? Perhaps you got into a car accident on I-25 heading towards Briargate. Maybe you suffered an injury in a pedestrian accident while crossing the street near the Colorado Springs Pioneers Museum. No matter how your accident occurred, if someone else’s carelessness caused your suffering, we can help.
Tort law is a general category that includes a wide range of personal injury claims. Car accidents, pedestrian versus automobile, motorcycle accidents, and truck accidents comprise the majority of personal injury claims. While some torts, such as assault, are crimes also punishable by imprisonment. Yet, tort law has another very important purpose: to provide monetary relief to the victim for any losses incurred.
The Colorado Springs personal injury attorneys of the Green Law Firm, P.C. are dedicated to helping injured Coloradans seek fair compensation for their injuries. When someone else’s negligence inflicts injury, unfair loss, or suffering on another person, a personal injury claim may be the only way to obtain compensation for those losses.
If you’ve been injured due to someone’s negligent behavior, contact the personal injury attorneys of the Green Law Firm, P.C. to schedule a free, no-pressure consultation today.
What is Personal Injury Law?
Personal injury law, also known as tort law, is a legal field that allows an injured person to go to civil court and get a legal remedy (damages) for all losses stemming from an accident or other incident. The purpose of the personal injury system is to allow the injured person to be financially compensated or “made whole” after they have suffered harm due to someone else’s careless or intentional conduct.
Personal injury cases can involve a range of incidents, including car accidents, slip and fall accidents, defective products, medical malpractice, workplace injuries, and more. These cases typically hinge on the concept of negligence, which in the legal context means that someone failed to exercise the level of care that a reasonably prudent person would have in the same situation.
The person who brings the lawsuit (the plaintiff) typically has to prove that the person being sued (the defendant) was negligent, that this negligence caused the accident, and that the accident caused the plaintiff’s injuries. If successful, the plaintiff can recover damages to compensate for their injuries, which may include compensation for medical bills, lost wages, pain and suffering, and emotional distress.
Examples of Colorado Personal Injury Law Claims
Personal injury law claims in Colorado can encompass a broad range of incidents where an individual is harmed due to the negligence of another party. Here are a few examples of common personal injury claims:
- Car Accidents: Car, motorcycle, and truck accidents are common sources of personal injury claims. These can be caused by various factors, such as distracted driving, drunk driving, reckless driving, or failure to follow traffic laws.
- Slip and Fall Cases: Colorado’s premises liability law requires property owners to maintain safe conditions. If someone slips, trips, or falls because of a dangerous condition on someone else’s property, they might have a personal injury claim.
- Medical Malpractice: If a healthcare provider, such as a doctor or nurse, provides substandard care that results in harm to the patient, this could be grounds for a medical malpractice claim.
- Product Liability: If a consumer product is defective or dangerous and causes injury, the manufacturer or seller might be liable for damages under product liability law.
- Workplace Accidents: In Colorado, employees who are injured on the job may have a personal injury claim outside of workers’ compensation if the injury was caused by a third party’s negligence or intentional wrongdoing.
- Pedestrian Accidents: Drivers have a duty to be aware of pedestrians. If a pedestrian is struck and injured by a vehicle, a personal injury claim may arise.
- Dog Bites: Under Colorado law, dog owners can be held liable if their dog bites someone and causes injury, regardless of the dog’s previous behavior. Our Colorado Springs dog bite lawyers understand the intricate laws surrounding animal attacks
In each of these examples, the injured party (the plaintiff) would typically need to prove that the person or entity being sued (the defendant) acted negligently or intentionally, that this led to the accident, and that the accident resulted in the plaintiff’s injuries.
Duty of Care in Colorado Personal Injury Law Claims
The concept of “duty of care” is a fundamental aspect of Colorado personal injury law. Duty of care refers to the legal responsibility that one party has to avoid causing harm to another. In a personal injury claim, the plaintiff (the injured party) usually needs to establish that the defendant (the party being sued) had a duty of care towards them and that this duty was breached.
The specific duty of care can vary depending on the circumstances. Here are a few examples in different contexts:
- Motor Vehicle Accidents: Every driver has a duty of care to others on the road, including other drivers, pedestrians, and bicyclists. This means following traffic laws, driving safely for the conditions, and paying attention to the road.
- Premises Liability: Property owners and occupiers have a duty of care to maintain safe conditions on their property. This includes fixing known hazards, regularly inspecting the property for potential dangers, and warning visitors about any existing hazards that cannot be immediately addressed.
- Medical Malpractice: Healthcare providers have a high duty of care to their patients. They are expected to provide treatment that meets or exceeds the accepted standard of care in their field. If a healthcare provider’s care falls below this standard and causes harm to the patient, they may be found negligent.
- Product Liability: Manufacturers, distributors, and retailers have a duty of care to ensure that their products are not dangerously defective and are safe for use as intended. They also have a duty to provide adequate instructions and warnings about potential risks.
In any personal injury case, proving that the defendant owed a duty of care and breached that duty is a key part of establishing negligence. For example, if you were a pedestrian crossing the street at a crosswalk and there was a stop sign but a driver still hits you by not stopping, the driver owed a duty of care to stop at the stop sign and not hit you. In the event this happens to you, contact our pedestrian accident lawyers in Colorado Springs.
However, the plaintiff must also demonstrate that the breach directly caused the injury and resulted in damages (e.g., medical expenses, lost wages, pain and suffering).
Recoverable Damages in Colorado Personal Injury Law Claims
In a Colorado personal injury claim, the injured party (plaintiff) is allowed to seek various types of damages, depending on the specifics of the case. Damages are meant to compensate the plaintiff for losses suffered due to the defendant’s negligent or intentional behavior. Here are the main types of damages recoverable in Colorado personal injury cases:
- Economic Damages: These are the direct financial costs related to the injury. They include medical expenses (past, present, and future), lost wages, loss of earning capacity, and any other out-of-pocket costs incurred because of the injury.
- Non-Economic Damages: These are more subjective and harder to quantify, as they aim to compensate for non-monetary losses. They include pain and suffering, emotional distress, loss of enjoyment of life, and loss of consortium (the deprivation of the benefits of a familial relationship due to injuries).
- Permanent Impairment and Disfigurement: Colorado law allows for additional non-economic damages for serious, permanent physical impairment or disfigurement.
- Punitive Damages: Also known as exemplary damages, these are not awarded in every case. They are designed to punish the defendant for particularly egregious or reckless behavior and to deter others from engaging in similar conduct. In Colorado, punitive damages are generally limited to an amount equal to the actual damages awarded to the plaintiff.
It’s important to note that Colorado law imposes caps on non-economic damages. The cap is set at $468,010 but can be increased to $936,030 if there is clear and convincing evidence to support a higher amount. These numbers are adjusted for inflation.
Lastly, remember that Colorado follows a modified comparative negligence rule. This means that if you’re found to be partially at fault for your injury, your recoverable damages will be reduced by your percentage of fault. If you’re found to be 50% or more at fault, you cannot recover any damages.
What to Expect During Your FREE Consultation
When you contact the Green Law Firm, P.C., you will find a group of dedicated personal injury lawyers. We know the ins and outs of Colorado personal injury law and it shows. For decades, we have been representing injured Colorado Springs residents and visitors, and our success rate speaks volumes about the type of legal representation we provide.
To better serve you after an accident, we offer FREE initial consultations and reviews. Our attorneys know that you have questions, and we want to sit down with you and answer those questions as best we can. We can help you determine the amount of compensation you might be able to receive, as well as the likelihood your case will settle out of court.
Once you meet with us, we will help you explore all your legal options, so you can choose the one that best fits you and your needs. Our law firm is proud to serve the residents of Colorado Springs and El Paso County.
Contact Our Colorado Springs Personal Injury Lawyers Today
At the Green Law Firm, P.C., we understand the depth of disruption and distress a personal injury can cause in your life. Our Colorado attorneys are committed to fighting for justice on your behalf, striving tirelessly to help you receive the compensation you need and deserve. No case is too complex, no detail too small. We stand ready to navigate the legal terrain for you, offering our knowledge, experience, and compassionate service. Don’t let the weight of a personal injury case bear down on you any longer. Contact us today, and let’s take the first step together towards restoring your peace of mind and securing your future.
If you have been injured by the negligent actions of another person, contact our injury attorneys of The Green Law Firm, P.C. today to schedule a free, no-obligation consultation and discuss your case. Call us today at 719-694-8515 or fill out the contact form on this page, to get dedicated legal help today.