Denver Personal Injury FAQs

The steps you take right after an accident that injured you can significantly affect any injury claims you file in the future. To protect your right to compensation, you should consider taking these steps:

• Call emergency services and seek medical care as soon as possible.
• Exchange information with other people involved, and report the injury to any manager on-site.
• Go back and document the scene by recording photos or video footage.
• Preserve physical evidence, if any exists.
• Write down your own account of the incident while the details are fresh.
• Follow all medical advice and treatment plans.
• Keep a record of all medical treatments and expenses.
• Document any time away from work due to the incident.
• Be cautious when speaking with insurance companies.
• Start a pain journal to track changes in your condition.
• Save all correspondence related to the incident or your injury.
• Avoid discussing the incident or injury on social media.
• Consult a personal injury attorney in Denver as soon as possible.

A personal injury claim is a legal action you might consider if you’ve suffered injuries because of something someone else either did or didn’t do. A good way to know if you have grounds to file such a claim is if your injuries would not have happened but for that other person’s behavior.

Your claim is a way to seek financial compensation for your physical injuries and other losses, including your medical bills, lost income, property damage, and even pain and suffering. There are three main types of personal injury claims:

Negligence Claims

Negligence claims are the most common type of personal injury cases. In these cases, the injury victim must prove that the other party failed to act with reasonable care, leading to their injury. For example, car accidents often involve negligence where one driver fails to follow traffic laws, resulting in a collision. Similarly, slip and fall incidents can occur when a property owner doesn’t keep their premises safe, causing someone to get hurt.

Strict Liability Claims

The term “strict liability” refers to cases where someone is automatically liable for injuring another person, regardless of their intent or other circumstances. In these cases, the victim doesn’t need to prove negligence. All that matters is whether the liable party committed the act in question.

For example, Colorado law holds dog owners strictly liable for their pets’ actions under many circumstances, no matter whether the owner knew the dog had aggressive or violent tendencies. Another example of strict liability is a defective product claim.

Intentional Harm

Someone who deliberately harms another person can be held liable for their actions. Assault and battery – where one person intentionally threatens or physically harms another person – is a common example of such a claim. Another example is intentional infliction of emotional distress, where someone’s extreme and outrageous conduct causes severe emotional trauma to the victim. In these cases, the injury victim must show that the responsible party’s deliberate action directly caused their injury.

Having a dedicated Denver personal injury attorney makes the legal process easier for you while helping you pursue maximum compensation for your losses. Here are a few essential reasons why you need a lawyer for your Denver personal injury claim. Our Denver personal injury attorneys are dedicated to providing personalized and focused representation for each client.

They Understand the Legal Processes

The law is filled with complex rules and procedures that can easily overwhelm someone unfamiliar with its nuances. A personal injury lawyer plays a crucial role in demystifying these processes for you. They can provide clear explanations and step-by-step guidance so you know you understand how the legal system works, what steps your case will involve, and what you can expect at each stage. From filing the initial paperwork to representing you at court appearances, your lawyer will make sure you’re never left in the dark.

They Can Evaluate Your Claim

Evaluating a personal injury claim goes beyond adding up your medical expenses and lost wages – it’s about understanding the depth of the harm you’ve suffered and its impact on your life. A personal injury lawyer delves into every aspect of your case to calculate the full extent of your losses. They consider things like your current and future medical expenses, lost income, reduced earning capacity, and the emotional toll of your injuries. This thorough evaluation is crucial in building a solid case that fully accounts for the consequences of your injuries.

They Can Negotiate with Insurance Companies

Dealing with insurance companies can be daunting, as they often use tricky tactics to reduce payouts. A personal injury lawyer stands as your advocate, armed with negotiation skills honed through years of experience. They understand the strategies insurance companies use and are adept at countering them to protect your rights. Your lawyer will negotiate aggressively on your behalf, aiming for a settlement that fully addresses your needs and reflects the true value of your claim so you can focus on recovery without financial stress.

They Can Work with Experts

Expert testimony is often the key to a successful personal injury claim. Lawyers know and collaborate with a network of specialists – medical professionals, accident reconstructionists, life care planners, economists, etc. – to bolster your case with credible, authoritative evidence. These experts can provide critical insights into the cause of your injury, the extent of your medical needs, and the accident’s financial impact on your life, both now and in the future.

They Can Pursue Alternative Dispute Resolution

Litigation can be lengthy and stressful. Personal injury lawyers often recommend starting with alternative dispute resolution methods like mediation as effective ways to resolve conflicts without the need for a trial. These methods can be more collaborative and less adversarial, allowing for more control over the outcome. Your lawyer will represent your interests in these settings, working toward a resolution that meets your needs while potentially saving time, reducing costs, and sparing you the uncertainty of a trial.

They Can Represent You at Trial as Necessary

If negotiations and mediation don’t result in a fair settlement, a personal injury lawyer is ready to take your case to trial. Going to court requires meticulous preparation, from gathering evidence to crafting compelling arguments. Your lawyer will manage every aspect of the trial process, presenting your case with strong arguments and advocating for your rights with determination. They aim to clearly communicate the facts and the impact of your injuries to the judge or jury, striving for a verdict that provides you with justice and fair compensation for your losses.

From car accidents to dog bites to slip-and-falls, many situations could give rise to a personal injury claim. But the key factor in most personal injury cases involves someone getting hurt due to another party’s failure to exercise reasonable care.

However, proving that someone failed to exercise due care isn’t always straightforward. It requires a deep familiarity with the law, a thorough investigation of the incident, and a careful examination of the evidence. This is where professional legal help comes into play. At The Wilhite Law Firm, our attorneys possess the knowledge and experience necessary to assess your situation and determine whether another party’s actions contributed to your injuries.

So how do you know if you have a valid personal injury claim? The best way to find out is to consult a trusted personal injury attorney in Denver. Consulting a Denver personal injury lawyer can help you determine the validity of your claim and guide you through the legal process.

In the aftermath of a life-altering accident, financial strain should be the least of your worries. Why should you shoulder the costs if your injury was due to someone else’s negligence? At The Wilhite Law Firm, we’re steadfast in our belief that you shouldn’t – and our mission is to secure the compensation you need to bounce back. Here are just a few ways we can help you:

• Relentless advocacy – Our firm has decades of experience, a team of 26 dedicated lawyers, and more than 90 staff members. That means we have the skills, resources, and determination to stand up against insurance companies and other big corporations. We know the tactics tightfisted companies often use to minimize or deny payment for rightful injury claims. Rest assured, we won’t be deterred.
• Compassionate representation – Our attorneys understand the pain and frustration that come with a preventable injury. They’ve devoted their careers to providing personalized, empathetic legal representation to those who are at their most vulnerable.
• Stress-free case management – We handle every detail of your claim, from paperwork to negotiation. This allows you to concentrate on what truly matters – your healing. When you come to us for help, you can count on us to listen to your story, treat you as an individual, and tailor our services to your particular needs and circumstances.
• No-win, no-fee policy – With medical expenses piling up and missed paychecks straining your budget, we recognize the pressure you’re under. Our no-win, no-fee policy means you can breathe easy. You won’t pay us a dime unless we win money for you.

The specifics of your situation will have a significant impact on the value of your case. Below are a few key factors that could come into play:

• The nature and severity of your injuries
• The duration of your recovery period
• Whether you suffer permanent disability or disfigurement
• How your injuries affect your quality of life
• The costs of past, current, and future medical expenses
• The value of your lost wages or lost earning capacity
• The degree of your pain, suffering, and emotional distress
• The distribution of fault for the injury accident
• The available insurance policy limits
• The credibility of available witnesses
• The quality of your legal representation

In a Colorado personal injury case, the compensation you could receive is typically divided into two categories: economic and non-economic damages. In this context, the term “damages” refers to the money you could get for your injury-related losses.

Economic Damages

Economic damages are money for the tangible losses you suffer due to your injury. These losses are easily quantifiable and usually have specific dollar values. Examples of economic losses include:

• Medical expenses – The costs of hospital stays, doctor’s visits, surgeries, medications, physical therapy, medical equipment, and future medical needs related to your injury
• Lost wages – The income you lose if your injury forces you to miss work
• Lost earning capacity – Projected losses in your lifetime potential to earn income

Non-Economic Damages

Non-economic damages are more subjective and harder to quantify. They involve the intangible losses that result from your injury, such as:

• Pain and suffering – Physical pain and emotional distress you endure due to your injuries
• Loss of enjoyment of life – Reduced quality of life or ability to participate in enjoyable activities like you used to
• Emotional distress – Mental health issues like anxiety or PTSD due to your injury

The timeline for resolving a personal injury case can vary significantly based on numerous factors. Each case has unique issues that can either expedite or delay the resolution process. Common factors that could influence the timeline for your settlement include the following:

• The severity and recovery time of your injuries
• The overall complexity of your case
• The availability and reliability of evidence
• The number of parties involved
• The availability of witnesses
• Whether disputes arise over liability
• The insurance company’s response time
• The other side’s willingness to negotiate
• Your attorney’s strategy and efficiency
• Whether the case settles or goes to trial
• Court schedules and delays

You’re too hurt to work, the bills are piling up, and the insurance company just offered you a highly appealing settlement. Should you accept? The answer is a resounding “no.” Here’s why:

• Most initial offers are lowball settlement offers – Every insurance company is a business that always keeps one eye on its bottom line. Many companies make insultingly low initial settlement offers, hoping you will accept far less than what your claim is truly worth out of desperation.
• You might not yet know the full extent of your injuries – Some injuries have delayed symptoms that take time to manifest. If you accept the first offer you get, you could find yourself paying out-of-pocket for unexpected medical costs down the line.
• You might need to account for non-physical losses – Beyond the compensation you deserve for your physical injuries and medical costs, you could claim money for emotional distress, loss of enjoyment of life, and other non-economic losses.
• Insurance companies employ skilled negotiators – Insurance adjusters know how to apply pressure to get you to settle quickly. Before you settle, you need an advocate on your side who understands the tactics they might use.

In Colorado, the deadline for filing a personal injury lawsuit is outlined in a law called the “statute of limitations.” The specific deadline for your case depends on the nature of your situation. Here are the deadlines for various types of personal injury lawsuits as governed by Colorado law:

• Standard personal injury lawsuits – Most personal injury lawsuits – including those involving defective products, dangerous properties, and dog bites – are subject to a two-year filing deadline in Colorado.
• Medical malpractice lawsuits – Medical malpractice lawsuits have a two-year deadline as well. This two-year period begins on the date when the patient knows or should know they have grounds for a medical malpractice case. However, there is an absolute three-year filing deadline from the date of the alleged incident. This applies no matter when the patient discovers the malpractice, with a few exceptions.
• Car accident lawsuits – Colorado has a slightly longer timeline for personal injury lawsuits due to motor vehicle accidents. For these cases, the time limit is three years.
• Personal injury cases involving government entities – If you have a personal injury case against a liable government entity, you have 180 days to file.
• Wrongful death lawsuits – Wrongful death lawsuits are subject to a two-year deadline in Colorado. There are also strict rules regarding who can bring a wrongful death lawsuit on behalf of the deceased’s estate.

Your initial consultation with us is free. We offer this no-obligation case evaluation so you can get a better idea of what your claim is worth and learn how our attorneys can help you.

For personal injury cases, The Wilhite Law Firm does not charge clients upfront to get started working on their claims. We will handle your claim on a contingency fee basis, meaning our legal fees will come as a percentage of the compensation you receive at the conclusion of your case. If we do not win compensation for you, we do not charge any fees.

When dealing with an insurance company, you may feel like you can file a claim and negotiate a settlement on your own. And that may be true if you only suffered minor property damage, such as a small ding to your car. However, if you are coping with any injuries, it is worth scheduling a free consultation with an experienced injury claim attorney.

Assessing the damages related to injury claims can be complicated. And insurers have armies of lawyers on their side to help avoid paying out any more than they have to. A skilled personal injury lawyer in Denver understands insurance company strategies and will fight for the compensation you deserve.

Life can feel overwhelming after an unexpected injury. But remember, you’re not alone. The Wilhite Law Firm is ready to stand with you and turn injustice into accountability. Let’s reclaim your future together. Connect with us today for your free initial consultation.