Car Accident Attorneys Denver

Can I file for personal injury for my brother? It depends on whether he had any dependents or was married, and whether your parents are still alive. You should contact a personal injury lawyer to answer your questions - most offer a free initial consultation during which you can gain information on your options.

How is compensatory damages different from punitive? Compensatory damages "compensate" and punitive damages "punish." For a discussion of personal injury damages, which are the types of harm or loss you suffer from a personal injury, please see the section on Damages

How much time do I have before I can file a personal injury case? Most negligence claims in Colorado, including premise liability claims, provide for a two year period in which to file suit so you may still be within the period during which to file.

Can I sue the grocery store? This type of case is very fact-dependent, the successful slip and fall claims have strong documentation as to the facts of the accident and the injuries suffered. When an accident occurs because of a known condition, such as a leaking water line which management is aware, then there is a better argument to be made concerning landowner liability. And if the accident victim is immediately treated by EMT personnel or personal physician, then it is easier to prove an injury from the accident. As for your injuries, you don't specify whether you suffered any physical injury so it probably is not in your best interest to pursue a claim - you will spend more on the litigation than you could reasonably hope to gain. But if you require further medical treatment, then you should speak with an attorney.

How long will it take for the settlement to claim? It is unclear how your claim was resolved. If you had a trial, then you should have had a judgment entered against the other party. You may need to consult with an attorney regarding how to collect on the judgment. If you had an attorney represent you, then contact the attorney for an explanation as to why you have not received the money.

How long is the processing of a personal injury? If you have an attorney, then you will not be required to appear at all the court hearings - you will be required to appear for a deposition and possibly an independent medical examination, a settlement conference and then the trial. Cases in state court typically go to trial about 18 months after filing the complaint. You should keep in mind that in Colorado there is a two year statute of limitations for most personal injury claims, you must file within two years of the injury or lose your right to do so.

How much do I pay the lawyer if we win the case? These are questions which should be answered by your written fee agreement with your lawyer. If this is a personal injury case and your lawyer is handling the matter on a contingency fee then it is required that you have a written fee agreement. You should also feel comfortable asking these questions of your attorney - it is your right to have a clear understanding of the risks and benefits of your claim.

Do I have to be present during settlement? You should discuss this question with your lawyer - many mediators will accommodate contentious situations by maintain the negotiating parties in separate rooms. Your participation in the negotiating is vital, so ask about arrangements to avoid confrontation.

Am I responsible for the injury of another person? You should contact your auto insurance company promptly for help in defending you against the claims.

Is there a limit in filing for personal injury case? Since the accident occurred in Florida you will need to file in the Florida courts and be governed by that state's rules.

Do I need to get a lawyer when filing for personal injury claims? You are able to represent yourself, and if you are filing in small claims court you are prohibited from having an attorney represent you. However, if you have suffered significant injuries then you should consider hiring an attorney. Most personal injury attorneys will handle a claim as a contingent fee matter. "Contingent" means an attorney only collects if there is some type of recovery for the client, typically a settlement or jury award. If nothing is recovered for the client, no fees are paid the attorney. The attorney is compensated for the legal work performed by taking a certain agreed percentage or amount from the recovery, regardless of the time or effort involved.

What happens if someone is suing me after they fell at my business? It does not appear that the customer has a very strong case against you, but you should turn the matter over to your insurance company immediately. It will provide a defense against any lawsuit that may be filed by this person.

If I was at fault in a car accident, should I still hire a personal injury lawyer to defend my case? Your auto insurance company should provide you with legal representation. You should contact your insurance company promptly.

How do I know if I have a legally valid personal injury claim? DO YOU HAVE A LEGAL CASE? To answer that question three things must be considered - first, liability; second, damages; and third, can you collect? LIABILITY The facts will determine if another party is at fault for your injury. Liability on the part of another party, the defendant, must be evident - the defendant must have acted in a way which was negligent and caused you harm. Many laws apply to unique situations or potential defendants, so it is not always clear whether there is liability on the part of another. DAMAGES The second consideration is the damages, the measure of the harm you have suffered. The damages are generally broken into two types: non-economic, or general damages, and economic, or special damages. General damages - These damages cannot be proved with any clear specificity, but are awarded based on the fact that they normally follow from an accident or injury and represent a significant loss. This type of damages is frequently referred to as non-economic damages. General damages include: Pain and suffering - Damages for pain and suffering considers the nature of the injury, the certainty of future pain, its severity, and how long the plaintiff is likely to be in pain. Some states allow the jury to assume that if a bodily injury has occurred there has been some pain and suffering, and some require that the plaintiff be conscious for some time period during the injury. Disfigurement - When an injury has left a person deformed or disfigured, by scars or other permanent effects on personal appearance, the injured person (the "plaintiff") may be able to collect damages for any mental suffering that arises due to awareness of the disfigurement. These damages are sometimes included as an element of other types of damages, such as mental anguish. Permanent disability - When an injury permanently impairs the physical or mental ability of a person to perform normal work or non-occupational activities, damages for the permanent disability may be sought. Special damages - This general category of damages covers all monetary losses, including medical expenses after an accident or injury. Recovery requires detailed proof that the losses were sustained, and a showing of how much money was involved. Special damages include: Lost wages - these damages represent the amount of money a plaintiff would have earned from the time of the injury to the date of settlement or judgment. an unemployed person may be permitted to recover lost wages if he or she can prove what could have been earned during the same period. Medical expenses - bills and expenses for medical services such as doctors, hospital stays, emergency room treatment, ambulance fees, and nursing services. a plaintiff must show that the expenses are related to medical conditions resulting from his or her injury. Medical surveillance - the cost of monitoring plaintiff's medical condition after the plaintiff was exposed to a hazardous substance, so that any illness or injury might be detected early. Future lost earnings - after an accident or injury, these damages may be recovered if the plaintiff proves that his or her ability to earn money in the future has been impaired or diminished by the injuries. factors that help determine whether an award should be made include the plaintiff's age, health, life expectancy, occupation, talents, skill, experience, and training. past earnings are a factor in determining the appropriate amount of compensation for lost earning capacity, but the claim really focuses on what might have been earned were it not for the accident or injury. Future medical expenses - this type of recovery is permitted if the plaintiff proves that he or she will need continued medical care as a result of the accident or injury. the proof must be sufficient for the jury to make an approximate estimate of the cost, i.e. through the medical opinion of a treating doctor. An accident victim could have a damages claim for any combination of the above types of damages, the facts of the case determine what damages are appropriate and can be proven.

What should I do after a car accident? You may wish to hire a personal injury attorney. Most will give you a free initial consultation during which you can have your questions answered. Before talking with a lawyer you may wish to determine if the case is worth pursuing, or perhaps small claims court might be a good option. This will depend upon your physical injuries, your father's injuries and the other driver's money situation. If the responsible driver has insurance then you are more likely to gain more than you will spend by filing a lawsuit, however if there is no insurance then there may be no ability for the driver to pay for the damages. Keep in mind that in Colorado there is a three year statute of limitations for claims arising from a motor vehicle accident, you must file your lawsuit within three years of the accident or lose your right to do so. Other time limitations may apply.

Can I sue someone who assaulted me? Yes, you may file a civil claim for the tort of assault. This is an intentional tort, which is a deliberate act that causes harm to another, for which the victim may sue the wrongdoer for damages. As for damages, this is the measure of the harm you have suffered. The damages are generally broken into two types: non-economic, or general damages, and economic, or special damages. General damages - These damages cannot be proved with any clear specificity, but are awarded based on the fact that they normally follow from an accident or injury and represent a significant loss. This type of damages is frequently referred to as non-economic damages. General damages include: Pain and suffering - Damages for pain and suffering considers the nature of the injury, the certainty of future pain, its severity, and how long the plaintiff is likely to be in pain. Some states allow the jury to assume that if a bodily injury has occurred there has been some pain and suffering, and some require that the plaintiff be conscious for some time period during the injury. Disfigurement - When an injury has left a person deformed or disfigured, by scars or other permanent effects on personal appearance, the injured person (the "plaintiff") may be able to collect damages for any mental suffering that arises due to awareness of the disfigurement. These damages are sometimes included as an element of other types of damages, such as mental anguish. Permanent disability - When an injury permanently impairs the physical or mental ability of a person to perform normal work or non-occupational activities, damages for the permanent disability may be sought. Special damages - This general category of damages covers all monetary losses, including medical expenses after an accident or injury. Recovery requires detailed proof that the losses were sustained, and a showing of how much money was involved. Special damages include: Lost wages - these damages represent the amount of money a plaintiff would have earned from the time of the injury to the date of settlement or judgment. an unemployed person may be permitted to recover lost wages if he or she can prove what could have been earned during the same period. Medical expenses - bills and expenses for medical services such as doctors, hospital stays, emergency room treatment, ambulance fees, and nursing services. a plaintiff must show that the expenses are related to medical conditions resulting from his or her injury. Medical surveillance - the cost of monitoring plaintiff's medical condition after the plaintiff was exposed to a hazardous substance, so that any illness or injury might be detected early. Future lost earnings - after an accident or injury, these damages may be recovered if the plaintiff proves that his or her ability to earn money in the future has been impaired or diminished by the injuries. factors that help determine whether an award should be made include the plaintiff's age, health, life expectancy, occupation, talents, skill, experience, and training. past earnings are a factor in determining the appropriate amount of compensation for lost earning capacity, but the claim really focuses on what might have been earned were it not for the accident or injury. Future medical expenses - this type of recovery is permitted if the plaintiff proves that he or she will need continued medical care as a result of the accident or injury. the proof must be sufficient for the jury to make an approximate estimate of the cost, i.e. through the medical opinion of a treating doctor. An assault victim could have a damages claim for any combination of the above types of damages, the facts of the case determine what damages are appropriate and can be proven.

Can an uninjured man from an auto-accident sue? The answer to your question is two-fold; he can bring a claim so long as he files his lawsuit within three years of the accident, but given the facts as you present them, he is unlikely to prevail. You should contact your insurance company that provided coverage at the time of the accident - they will handle the claim and your defense.

Could I successfully file a personal injury lawsuit if I hired a attorney? To answer your question requires consideration of the specific facts, such as the age of your son, whether he was in the street at a crosswalk or not, the conduct of the driver and so on. But frequently claims by pedestrians against drivers are successful, and since your son was seriously injured you should consider pursuing a claim.

What can I do if my child was misdiagnosed by a doctor? We caution all potential clients that medical malpractice claims are very difficult to win - few settle and those that are tried are won by the doctor 9 out of 10 times. Those cases which have the best chance for a good outcome for the plaintiff are those where a clear act of negligence, or omission of appropriate care, are clearly apparent in the medical record. Even if negligence can be established, I am doubtful that it would still be in your best interest to pursue a case. We estimate that the litigation expenses alone, excluding attorney fees, will run $30,000 to $50,000 for the "average" medical malpractice case - these are costs for which the plaintiff is responsible regardless of the outcome of the claim. Only those cases where there is catastrophic injury requiring significant future medical expenses do the damages warrant the risk of litigating the claim. I regret not being able to offer more hopeful advice, but given the information you provide I do not believe the delay in proper diagnosis will compel a jury to a substantial award. Another attorney may have a different opinion and I encourage you to seek a second opinion. Please keep in mind that you have a two year statute of limitations in Colorado for filing a medical malpractice claim, you must file within two years of the act of negligence or lose your right to do so. Other time limitations may apply.

Do we have a personal injury case if there was a misdiagnosis? A misdiagnosis is not always indicative of malpractice. A medical expert would need to review your daughter's medical records to determine if negligent care was provided. But even if you were to establish negligence, I do not believe you would have any injury for which to seek compensation - you would have to argue that you would not have given consent to have the procedure performed on the right ovary which is not a credible position.

What can I do if I bit into a piece of glass while eating at a restaurant? You do have a claim against the restaurant for failing to serve you food fit for human consumption, but whether it is worth filing is a judgment call. You might consider small claims court since your damages are quite modest.

Can I still reopen a personal injury case? When you settled your claim, you most probably signed a release before receiving the settlement check. The typical release requires the settling party to agree to give up all claims against the defendant and his insurance company. So once a settlement is agreed to and the paperwork signed, the claim cannot be re-filed. I am sorry not to have more encouraging words, but you should contact your attorney if you wish to have more questions answered.