John R. Fuller P.C.

1736 Race Street
Denver, CO 80206

(303) 597-4500

Denver Personal Injury Overview | John R. Fuller

Denver Colorado Downtown AreaThe primary goal of a personal injury lawsuit is to compensate people who are accidentally or intentionally injured by someone else. If this has happened to you, you may have the grounds to file a personal injury lawsuit. At first, this may seem like a formidable task. Even though every case has its own unique conditions, there are a few basic guidelines that can be applied to most any personal injury case. Here is a Denver personal injury overview that will help give you and idea of what to expect when filing a lawsuit.

Negligence and Comparative Negligence

The law of negligence governs personal injury lawsuits founded on accidental conduct. It simply means that someone owed a duty of reasonable care to the injured person, but somehow failed to uphold that duty. When this happens, the injured party is entitled to be compensated by the negligent party. In some situations, an injured person may have inadvertently contributed to their own injuries. To determine damages in cases such as these, Colorado has adopted a modified comparative negligence rule. This rule divides fault among each party and an injury victim’s recovery is reduced by the same percentage as their fault for the injury. For example, assume the victim was awarded $10,000 for medical bills incurred as a result of their injury. If it is determined that the victim was 10% responsible for causing the accident, their award would be reduced by $1,000 or 10%.

Personal Injury Damages

Traditionally, damages are divided into economic and non-economic damages. Economic damages are intended to compensate an injury victim for their tangible losses, including:
  • Current and on-going medical bills,
  • Loss of income and earning potential, and
  • Property damage, such as auto repairs or replacement.
Non-economic damages are intended to compensate an injury victim for those losses that cannot so easily be calculated. The most common among these is pain and suffering. Punitive damages may also be a factor if a defendant’s actions were especially egregious.

Initiating the Lawsuit

First, a complaint, or a short description of the reason for the lawsuit, must be drafted. Although it should be concisely worded, the complaint must also provide enough detail to demonstrate that the filer can win the case. Filers should consult with an experienced personal injury attorney. The attorney can draft the papers, collect evidence, and conceivably negotiate a settlement. Most personal injury attorneys work on a contingency basis, meaning they only get paid if they win the case for you. It is important to remember that the time limit for filing a lawsuit is governed by the statute of limitations. In Colorado, the statute of limitations for suing for accidental conduct is two years. For intentional conduct, this time constraint is one year. The statute of limitation begins counting down from the day both the injury and its cause were known or should have been known. A filer will forever lose his or her right to recovery if the lawsuit is not filed within the time limit. Personal injury is a complex field and every case is unique. For the best possible outcome for your case, it is recommended that you seek the assistance of an experienced Denver personal injury attorney.

Contact Our Denver Personal Injury Lawyers

Denver Personal Injury Attorney John FullerIf you have been injured in an accident due to another person’s negligence, you have a legal right to be compensated for medical expenses, lost wages, and more. Your Denver personal injury attorney can help negotiate with insurance companies and ensure that you have the money you need to recover from your injuries after an accident. Contact the Denver Law Firm of John R. Fuller, P.C. today at 303-597-4500 for a free initial consultation.