The Gielarowski Law Firm
Colorado Springs Personal Injury Lawyer
Thousands of people suffer injuries every year in Colorado Springs. Sadly, these victims often sustain physical and emotional injuries, accrue medical expenses, and are required to take time off work. However, when you suffer an injury because of someone else’s negligence, you can file a civil lawsuit to recover compensation. That said, determining who is liable for your injuries can be challenging. Fortunately, a Colorado Springs personal injury lawyer could help. Negligent parties are typically responsible for a victim’s damages. However, in some instances, an at-fault party’s employer, a government entity, or a third-party company may bear responsibility for an accident. Call today to discuss your legal options with an experienced attorney.
Our clients are seeking resolution. Often, they desperately need medical care. Unfortunately, many insurance companies are apathetic, unresponsive, and condescending. Many insurance representatives have told our clients not to worry, saying, “We’re looking out for you” or “You don’t need to hire an attorney.” This is not true! You may not receive the medical care or compensation you need. Keep in mind: Their allegiance is not to you – it’s to their bottom line. In fact, when an insurance company tells you “You don’t need a personal injury attorney” that’s a BIG red flag.
Personal Injury Laws in Colorado Springs
Negligence refers to an individual’s failure to act with the level of care that a reasonable person would have exercised under the same circumstances. Common examples of negligence include medical malpractice, wrongful death, workplace accidents, and premises liability. However, regardless of how an accident occurred, injured victims deserve justice. Understanding and anticipating potential defenses is vital to recovering compensation in a civil claim. For example, some defendants might argue that a plaintiff assumed a risk of injury by consenting to an activity. On the other hand, at-fault parties often assert contributory negligence as a defense, stating that an injured victim bears partial responsibility for an accident. If a court agrees with this defense and determines that a plaintiff was more than 50 percent responsible for their injury, the claimant cannot recover restitution.
However, when injured people are less than 50 percent responsible, they can recover damages. Still, because Colorado is a modified comparative fault jurisdiction, courts will reduce a plaintiff’s damages by their percentage of fault. For example, if a victim is 10 percent responsible for the crash and the court awards them $100,000, they can recover only up to 90 percent. A local attorney could review the circumstances of an injury claim and build a solid case to ensure that plaintiffs receive the maximum compensation possible.
Statute of Limitations
In Colorado, the statute of limitations for a civil claim is two years from the date of injury or when the victim discovered the injury. From that point, victims have up to two years to file a claim or negotiate with insurance companies. Acting quickly is essential to getting a favorable case resolution.
What Damages Can Injured Plaintiffs Recover?
Victims in personal injury lawsuits can recover compensation for the economic and non-economic damages they suffered from the incident. In some circumstances, punitive damages are also available.
Damage caps limit the amount of compensation a victim can recover. For instance, Colorado law caps non-economic damages in personal injury lawsuits to $250,000, or $500,000 if the circumstances justify an increase. However, this state has no damage cap on economic damages, meaning victims can recover the total cost of their past and future medical treatment, lost income, and property damage.
A hardworking attorney in Colorado Springs could evaluate a civil case and advise injured victims on what recoverable damages might be available.
Preparing an Injury Claim
When you call, be prepared to answer a lot of questions. Why? Because right off the bat, we need to learn everything we can about your personal injury case. If your case is a good match for our legal team’s expertise, then you’ll meet face-to-face with Machelle Gielarowski, your hardworking personal injury lawyer. Be sure to bring in all your paperwork, because Machelle will ask even more questions.
Our Colorado Springs clients are often surprised – and impressed – by our detective skills! For example, investigating a collision and your resulting injuries can involve significant legwork to gather evidence to prove your case. Depending on the case, our line of investigation can include:
- Accident report, photographs, damage estimates, security camera footage if available
- Police reports, video from police body cameras, video from cameras on the police cars
- Witness accounts
- All medical reports and test results that document your injuries
- The negligent driver’s auto insurance coverage
- Your car insurance coverage
- Background checks, including criminal background checks and locating people who don’t want to be found
- Conducting an asset check on the negligent driver
- Determining if there are other vehicles in the negligent driver’s household that are insured under different auto insurance policies, so we can access multiple policies (this is called “stacking”)
We leave no stone unturned to discover evidence that clarifies the liability issue and supports your personal injury case.
Committed to Helping Our Clients Succeed.
You want someone representing you who will take your unique situation personally. Machelle listens. Machelle truly cares.
Every Person Who Walks Through Our Door Is Important To Us.
Work with a Dedicated Personal Injury Lawyer in Colorado Springs
The aftermath of a personal injury incident can be overwhelming. Unfortunately, these accidents often come with severe and life-threatening injuries that cause financial strain. However, when you or a loved one suffer injuries due to someone else’s reckless actions, you are entitled to collect payments for the harm you sustained. It’s important to call Machelle right away if you’ve been injured in a car accident due to a negligent driver. Just like any detective work, we need to get started RIGHT NOW before the case grows cold.
When a negligent person doesn’t pay attention, you shouldn’t pay the price. Let Machelle help you get a satisfactory settlement that pays for your medical bills as well as your pain and suffering. Remember, all work is done on a contingency basis. We only get paid if we win your case. Contact a Colorado Springs personal injury attorney to discuss your options and get started on your claim.