The wrongdoing of one person that causes harm to another individual is a tort. When this tort inflicts injury, unfair loss, or suffering on another person, the foundation for a personal injury claim has been laid.
Personal injury covers a broad range of incidents. For this and other reasons, every personal injury case will be unique. Car accidents, slips and falls, and dog bites comprise the majority of personal injury claims. However, injuries caused by defective products and those related to mistakes made by doctors also fall into this category.
While some torts, such as assault, are crimes also punishable by imprisonment, tort law has another purpose- namely, providing monetary relief to the victim for any losses incurred, and discouraging others from committing the same wrongdoing.
Personal Injury Claims in Colorado
Each state has its own laws that apply to personal injury claims, and Colorado is no exception. Specifically, Colorado imposes certain time limits for filing an injury-related case in court. An injury victim has just two years, usually from the date of the injury, to bring a case to court.
Colorado also utilizes a modified comparative fault rule. This applies when an injured person is partially responsible for the accident that caused the injury. A plaintiff’s damages could be reduced if they are found at least partially responsible for the incident. The damages would be reduced by the same percentage of blame they bear.
Additionally, many states safeguard dog owners the first time their animals injure a person. However, Colorado exercises strict liability when it pertains to animal behavior. Even if a person had no reason to believe their dog was aggressive, they are responsible for injuries the first time their dog displays aggression.
Both current and future losses are eligible for recovery in a personal injury lawsuit. Among the types of economic and non-economic damages an injured person could seek are:
- Reasonable and documented medical expenses
- Lost wages and loss of earnings capacity
- Pain and suffering
Various Colorado laws limit the amount of money a plaintiff can recover in a personal injury lawsuit. These ‘caps’ usually apply to non-economic damages, such as pain and suffering, and each type of claim could have a different cap.
In some cases involving particularly egregious or malicious behavior on the part of the defendant, punitive damages might also be recovered. This is an additional monetary award designed to punish the defendant for their behavior. Punitive damages may be capped as well.
Contact Our Holyoke Personal Injury Lawyer
If you or someone you love has been injured because of another person’s negligence, you have a right to seek compensation for your injuries, lost wages, and pain and suffering. Contact Gregory A. Gold of the Gold Law Firm today for a free consultation at (303) 694-4653. We can help you obtain the money you need to put your life back together again after a serious accident. Call today.