Personal injury is a general area of law pertaining to cases resulting from car accidents, property damage, medical malpractice, slip and fall, and other types of accidents.
Personal Injury: An Overview
Personal injury lawsuits are filed by people who have been injured due to the negligence of others. Injuries may be physical or emotional, and may result from a variety of kinds of behavior.
Car accidents, slip and fall accidents, product liability, medical malpractice, dog bites, and assaults and battery represent the majority of personal injury cases. Generally speaking, the goal of a personal injury lawsuit is to determine who is responsible for causing the injury and require them to financially compensate the injured party for their losses.
Also referred to as damages, compensation is a dollar figure paid to you by the negligent party in an effort to make you whole again. In Colorado, compensatory damages can include:
- Past, current, and future medical expenses
- Lost income and lost earning capacity, including time missed from work for doctor’s appointments
- Permanent disability or disfigurement
- Pain and suffering
- Disruption of family relationships
- Property damage
Punitive damages in Colorado have certain restrictions. First of all, it is necessary to show that the actions of the negligent party were intentional or especially egregious. And in most cases, the amount of punitive damages cannot exceed the compensatory damages. However, if the type of behavior that initially warranted punitive damages persists during the trial, the court could award punitive damages up to three times the amount of the compensatory damages.
In medical malpractice suits, the non-economic damages are restricted to $300,000.
Proving negligence is integral to most types of personal injury cases in Colorado. It is not necessary to show willful wrong-doing, but rather the failure to exercise reasonable care caused your injuries.
Colorado adheres to a law of ‘modified comparative negligence.’ This means if your actions or failure to act contributed any degree to your accident, you are partially to blame for your injuries. If you are less than half responsible for your accident, the party who caused your injuries can be held liable for the portion of damages equal to their portion of fault.
Additionally, especially in regards to product liability, there may be more than one party responsible for your injuries.
Statute of Limitations
The time limit for filing a personal injury lawsuit is different in each state. For most personal injury cases in Colorado, that time limit is two years. Particular circumstances affect when this two-year time period starts, therefore, some lawsuits will have a longer or shorter amount of time.
Contact Our Experienced Fort Morgan Personal Injury Lawyers
If you or someone you love has been injured in Fort Morgan, you may not know where to turn for help. We can help you recover the money you need to heal and put your life back on track. Contact Gregory A. Gold of the Gold Law Firm today for a free consultation at (303) 694-4653.