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Types of Personal Injury Cases in Denver, Colorado

02/26/2021

If you were injured or suffered loss through another person's fault or negligence, you are entitled to receive compensation. This is the basic interpretation of personal injury claims in Colorado. In these articles, personal injury lawyers at Firouzbakht Law Firm take several types of personal injury cases in Denver, Colorado, and will guide you through the detailed explanations you need in order to understand your rights and liabilities. Please note that this article is for information purposes only, and does not represent legal advice. If you or a loved one is the victim of an accident caused by another person, you should contact the team at our injury law firm and obtain pertinent advice.

How Do You Demonstrate You Suffered a Personal Injury?

Personal injury victims need to demonstrate that the following three circumstances occurred in order to have a valid claim for compensation:

  • That the at-fault party had a legal duty to act in a certain manner
  • that the at-fault party failed to meet this duty by acting inappropriately
  • that the victim suffered injuries or losses as a direct result of the other party's breach of their duty of care.

A personal injury attorney at Firouzbakht Law Firm can quickly ascertain that these conditions are met from the initial consultation with you and start working on your case to obtain a fair settlement for you..

Types of Cases Leading to Personal Injury Lawsuit in Colorado

Personal injury is governed by tort law. This term covers all the cases when one person can be held liable for causing physical injuries and/or damage to property to another person. There are three types of tort cases that may apply to the incident you were involved in:

  • Intentional tort - when someone willfully commits actions that hurt you (for example, assault and battery or defamation)
  • Strict liability claims - when a person is held liable without proof of negligence or fault. This is the case of personal injury claims arising from injuries caused by defective products, for example
  • Negligence - the most frequently encountered type of tort case, when the accident did not occur due to willful action, but by acting carelessly.

We will now go into detail with each type of case encountered by Denver personal injury lawyers..

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Auto Accidents

Motor vehicle accidents are, unfortunately, the most frequent personal injury cases.. They involve a collision between passenger cars and motorcycles or trucks. Victims of auto accidents usually suffer serious injuries that require medical treatment in hospitals. In some cases, the victim dies as a result of their catastrophic injuries. In this situation, the family can hire a car accident lawyer to file a wrongful death lawsuit.

In case of auto accidents, the most common types of damages the victim can seek are:

  • Hospital bills and costs with ongoing nursing and medical care
  • property damage
  • loss of income and loss of earning capacity
  • noneconomic damages for pain and suffering, loss of enjoyment of life and loss of companionship.

Most of the time, insurance companies will try to settle the claim quickly, while the victim is still in hospital. Experienced car crash attorneys recommend refusing to negotiate on your own and hiring a legal team to represent you and fight for the maximum compensation allowed by law.

Pedestrian and Bicycle Accidents

When pedestrians and cyclists are hit by a car, the injuries can be extremely severe, from multiple fractures to brain injury and spinal cord injuries.. Victims of this type of accidents usually need to spend a lot of time in hospital, accumulating huge medical bills. An experienced personal injury attorney will negotiate with the insurance company of the party at fault and seek maximum legal compensation for your expenses, pain and loss.

Trucking Accidents

Trucking accidents have some of the most catastrophic outcomes, due to the large size of the vehicle involved.. In this case, the driver is not the party at fault you should pursue for rightful compensation, but their employer. Trucking companies have a duty of care for other traffic participants by ensuring that their drivers are well rested and have a work schedule that complies with legal regulations for rest. In reality, many truck drivers are overworked, and they cause accidents due to fatigue.

Premises Liability

If you have an accident resulting in injuries at a public or private property, their owner is liable according to tort law. The term owner encompasses many situations:

  • Property lessors
  • business owners
  • construction site managers
  • public authorities
  • private residence owners.

The most common cases of personal injury involving premises liability are:

  • Slip and fall on wet or icy surfaces
  • injuries caused by poor maintenance of buildings, appliances and outdoor areas
  • inadequate security
  • swimming pool and hot tub accidents.

Such accidents can cause minor injuries, such as bruises (soft tissue injuries) or have serious consequences, such as neck injuries and fractures. Depending on your right to be at the property or not, you are owed financial compensation for your pain and health care costs.

Bus Accidents

This type of personal injury case covers all the situations when you are injured as a passenger in a public transportation vehicle or a pedestrian hit by a bus. This is also one of the cases with many victims and severe injuries due to the size and capacity of the vehicle. In this instance, the personal injury damage claim will include the owner of the company operating the public transportation service.

Workers' Compensation

Many people are injured at their place of work due to their employers' negligence to provide them with personal protective equipment or properly maintain the buildings, tools and equipment. Insurance companies will try in most cases to prove it was the victim's negligence that caused the accident. With the help of an experienced Denver personal injury lawyer, you can:

  • Present an accurate description of the accident
  • demonstrate the employer's lack of reasonable care
  • document the type of damages you are seeking
  • obtain a fair settlement for your case.

Product Liability

This is one of the cases falling under the strict liability lawsuit category. In this case, you do not have to demonstrate a person's negligence or lack of a reasonable degree of care. Instead, your lawyer will prove that:

  • The product had a design or manufacturing defect or a marketing defect (such as, insufficient warning)
  • you obtained the product without significant changes in its condition
  • the product was unreasonably dangerous (the usual risks in using it exceed the limits of liability)
  • You suffered an injury as a direct result of using the product.

The challenge in such a case is demonstrating that you followed the instructions of use and did not make any modifications to the product - which are the typical defenses insurance companies make in order to deny your claim.

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Medical Malpractice

Medical malpractice cases arise when health care professionals are negligent in handling patients. This type of personal injury case covers aspect such as:

  • quality of care provided to the patient
  • prescribed medicine
  • error in medical procedures (for instance, surgeries).

According to a recent Johns Hopkins study, medical errors are the third-leading cause of death in the US, with a staggering annual number of 250,000 deaths. Therefore, it is important for health care providers to be reminded of their duty of care and provide fair compensation for the practitioners' carelessness.

Know Your Rights and Act in a Timely Manner

At Firouzbakht Law Firm, we are always ready to listen to your case and provide you with the best representation in negotiation or preparing your personal injury lawsuit. We encourage you to contact us as soon as possible in order to maximize your chances of filing a claim successfully..

Time is of the essence because the state of Colorado has a statute of limitations of 2 (two) years for most personal injury cases. This timeframe starts from the date when the accident occurred. Preparing a claim can take time, especially if you need to spend months in hospital until you recover, and we can calculate accurately your total medical bills and costs associated with the recovery and long-term care.

You do not have to worry about paying hefty advance fees - we work on a contingency fee basis. This means that we get paid only after we win your case.

We believe that each client deserves fair representation, no matter how big or small their case is. We fight aggressively with insurance companies to ensure that we win the maximum compensation for your pain and loss. A personal injury attorney from Firouzbakht Law Firm is available 24/7 so call us: 833-801-0171!

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