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About Personal Injury Law in Denver, United States

Personal injury law covers situations where one person suffers harm because of another party's negligence, intentional act, or strict liability. In Denver, Colorado, personal injury claims commonly arise from motor vehicle collisions, slip and fall incidents, dog bites, construction accidents, defective products, medical malpractice, and wrongful death. The goal of a personal injury claim is generally to obtain compensation for medical bills, lost wages, pain and suffering, and other related losses. Cases can be resolved by settlement with an insurer or by trial in state court.

Why You May Need a Lawyer

Many personal injury matters can involve complicated legal issues, strict deadlines, and powerful insurance companies. You may need a lawyer if any of the following apply:

- You suffered serious injuries or ongoing medical needs. A lawyer can help document future damages and coordinate medical expert opinions.

- Liability is disputed or multiple parties share blame. Attorneys investigate fault, gather evidence, and build theories to maximize your recovery.

- The insurance company denies your claim, offers an unreasonably low settlement, or tries to shift blame. Lawyers negotiate and, if needed, litigate to protect your rights.

- You face a claim against a government entity. Special notice requirements and procedural rules often apply when a city, county, or state agency is involved.

- Medical malpractice, product defect, or other technically complex areas are involved. These matters commonly require expert witnesses and procedural prerequisites.

- You want to preserve evidence, secure witness statements, and meet filing deadlines. Attorneys help ensure evidence is protected and claims are timely filed.

Local Laws Overview

Key legal aspects to understand for personal injury matters in Denver and Colorado include:

- Statute of limitations - For most personal injury claims in Colorado the general deadline to file suit is two years from the date of injury. Wrongful death claims also typically must be filed within two years of the decedent's death. Different rules can apply for medical malpractice, claims against government entities, or cases where the injury was not immediately discovered. Consult a lawyer promptly to avoid losing your right to sue.

- Comparative negligence - Colorado uses a modified comparative negligence rule. Your recovery is reduced by your percentage of fault. If you are more than 50 percent at fault you are generally barred from recovering any damages.

- At-fault auto insurance - Colorado operates under an at-fault system for motor vehicle accidents. Drivers must carry liability insurance and at-fault parties or their insurers typically pay damages. Insurance coverage minimums exist for drivers in Colorado.

- Governmental claims - Claims against Denver, the City and County of Denver, the State of Colorado, and other public entities are governed by the Colorado Governmental Immunity Act and related rules. These claims often require timely written notice to the government within a short period, commonly 182 days, and have unique procedural requirements.

- Premises liability - Property owners have duties to lawful visitors and sometimes to foreseeable entrants. To succeed in a slip and fall case you generally must show the owner knew or should have known about the hazardous condition and failed to remedy it within a reasonable time.

- Workers' compensation and third-party claims - If you are injured at work, Colorado workers' compensation is typically your exclusive remedy against your employer, but you may be able to sue third parties whose negligence caused your injury.

- Product liability and strict liability - Colorado law allows claims against manufacturers and sellers for defective products under theories of negligence, strict liability, and breach of warranty. Evidence of defect and causation is critical.

- Damages - Injured plaintiffs can seek economic damages such as medical expenses and lost wages and non-economic damages such as pain and suffering. Punitive damages are limited and require proof of particularly egregious conduct.

- Medical malpractice - These claims often have special procedural steps, including expert review requirements and variations in deadlines. Because of technical complexity, early legal consultation is important.

Frequently Asked Questions

What should I do immediately after an injury in Denver?

Seek medical attention first. Report the incident to the appropriate authority if applicable - for example, call the police for a motor vehicle crash or get an incident report at a store for a fall. Preserve evidence - take photos of the scene and your injuries, get contact information for witnesses, keep medical records and bills, and avoid posting details on social media. Notify your insurance company but be cautious about providing recorded statements before speaking with a lawyer.

How long do I have to file a personal injury lawsuit in Colorado?

The general statute of limitations for personal injury and wrongful death claims in Colorado is two years from the date of the injury or death. Different rules may apply in specific situations such as medical malpractice, latent injuries, or claims against government entities, so consult an attorney promptly to determine the exact deadline.

Can I still recover if I was partly at fault for the accident?

Yes. Colorado follows a modified comparative negligence system. Your recoverable damages are reduced by your percentage of fault. However if you are more than 50 percent at fault you generally cannot recover anything. An attorney can help argue that you were less at fault and maximize your recovery.

Do I need a lawyer for a car accident injury claim?

Not every case requires a lawyer, but you should consider legal help if your injuries are serious, liability is disputed, there are multiple parties, the other driver is uninsured or underinsured, or the insurer offers a low settlement. Many injury attorneys handle auto cases on a contingency fee basis, which means they only get paid if you recover.

How are damages calculated in a personal injury case?

Damages typically fall into economic damages such as medical expenses, lost wages, and property damage, and non-economic damages such as pain and suffering and loss of enjoyment of life. Future medical care and future lost earning capacity can also be included when supported by evidence. The exact value depends on the strength of evidence, severity and permanence of injury, liability, and other factors.

What if the person who hurt me does not have insurance?

If the at-fault party does not have insurance, you may have avenues such as uninsured motorist coverage on your own policy, pursuing the at-fault party personally if they have collectible assets, or other third-party claims. Uninsured motorist coverage is often part of auto policies and can protect you when the at-fault driver lacks insurance.

Are there special rules for claims against the City of Denver or other government entities?

Yes. Claims against government entities in Colorado are governed by special rules that often require a written notice of claim within a short period after the injury and may involve different filing deadlines and immunities. Because of these procedural differences, consult a lawyer as soon as possible if a government entity may be responsible.

What is the difference between settling and going to trial?

Most personal injury claims are resolved through settlement negotiations with the insurance company. Settlements are generally faster, avoid trial risk, and provide guaranteed payment under agreed terms. Going to trial can result in higher recovery in some cases but is slower, more costly, and outcomes are less predictable. An attorney can advise whether settlement or trial is the better strategy for your case.

Will my social media posts affect my personal injury claim?

Yes. Insurance companies and defense lawyers often investigate claimants' social media to find statements or photos that could undermine injury claims. Avoid posting about your injury, recovery progress, vacations, or activities that could be used to challenge your account. Keep privacy settings strict and consult your lawyer about what is safe to share.

How do contingency fees and costs work with personal injury attorneys?

Many personal injury attorneys work on contingency - they take a percentage of your recovery as their fee and advance case costs such as expert fees and court filing fees. If you do not recover, you typically do not owe an attorney fee, though you should confirm how costs are handled in your agreement. Read any fee agreement carefully and ask about the attorney's percentage, expense reimbursement, and how settlement distributions will be calculated.

Additional Resources

Below are local and state resources that can help you find legal assistance and information about personal injury matters in Denver and Colorado:

- Colorado Bar Association and its lawyer referral services

- Denver Bar Association and local lawyer referral programs

- Colorado Judicial Branch - self-help resources and court information

- Colorado Division of Workers' Compensation for workplace injury information

- Colorado Department of Regulatory Agencies for professional licensing and complaints

- Colorado Trial Lawyers Association and other plaintiff advocacy organizations

- Colorado Legal Services and local legal aid organizations for low-income assistance

- Denver Police Department or local law enforcement for accident reports

- Local hospitals and medical providers for treatment and medical records

Next Steps

If you need legal assistance for a personal injury in Denver follow these practical steps:

- Get medical care immediately and follow your treating provider's plan. Medical records are essential evidence.

- Preserve evidence: take photographs of the scene and injuries, keep damaged property, save receipts, and obtain witness contact information.

- Report the incident as required - call police for traffic collisions, report falls or incidents to property management, and file a workers' compensation claim if injured at work.

- Notify your insurer promptly but be careful about recorded statements. Consult an attorney before giving detailed statements beyond basic facts.

- Document everything - keep a journal of symptoms, treatment, missed work, and expenses.

- Contact a qualified personal injury attorney for a case evaluation. Many attorneys offer free consultations and handle injury cases on a contingency-fee basis. Bring documentation such as medical bills, photos, police reports, and insurance information to your first meeting.

- Act promptly to protect your rights. Important deadlines and notice requirements can bar claims if not met.

Getting informed, preserving evidence, and consulting an experienced lawyer early will help you understand your options and increase the chances of a fair recovery.

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Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.