Before we discuss the various types of personal injury cases in Colorado let's start with a little background information.
The origins of personal injury law, as we understand it today, can be traced back to the Industrial Revolution.
Now that we live in a massively industrialized world. the laws in the U.S.A have evolved to provide legal remedies for all types of personal injury cases within the country. While the basic principles of these laws remain the same across the United States, there is variation within the finer points across individual states.
Let's take a look at a few of the most common types of personal injury offenses and the legal remedies available to people specifically in Colorado.
1. Auto Accidents
If you or someone you know has suffered an injury to themselves, or their property due to negligent driving, a personal injury claim can be filed against the driver at fault.
Colorado has a specific statute of limitations clause with regard to personal injury arising out of vehicle accidents. According to these laws, a lawsuit must be filed within three years of the accident. However, in the case of wrongful death, you can sue within two years from the death of the deceased. This is applicable to auto accidents, motorcycle accidents, truck accidents, and other vehicle damage. Understanding when to contact an attorney following an accident it crucial to getting the help you need.
Additionally, the principle of "comparative fault" can also impact the strength of your claim.
This means that you can file a claim against someone even if you were partly at fault for the accident. However, you will have to prove that the other party was more at fault than you were. As a consequence, your compensation will also be reduced in proportion to your negligence.
It is important to know what steps to take if you have been in an
2. Product Liability
Product liability laws protect consumers and hold manufacturers accountable to a minimum standard of care. If you or someone you know suffers an injury through the use of a product, and such injury was caused due to poor design, or a manufacturing defect, you can file a product liability lawsuit against the manufacturers.
3. Workplace Accidents
A worker injured on their employer's property, or while performing an assigned task, is entitled to compensation. Now, there are two routes to claiming such compensation, and depending on the circumstances an employee may claim both.
The first type is what you might get through a workers' compensation claim. The second is what you might get through a personal injury lawsuit against your employer.
Now while workers' compensation is mandatory for most employers, the latter depends on the circumstances of your injury. For example, if your injury arose due to lack of necessary safety gear, or if your injury was caused due to the negligence of a company doctor, you may be able to file a personal injury lawsuit to claim necessary damages.
4. Dog Bites
When it comes to dog bites, the injured party may sue the owner of the dog for damages. Unlike some states in the U.S.A, Colorado laws follow the strict liability rule for dog bite injuries. This means that an owner is liable even if the dog in question has had no previous instances of violent tendencies.
However, do keep in mind that to claim such damages the injury must have occurred while the plaintiff is lawfully on public or private property. An owner is not liable for damages if the plaintiff was trespassing, or provoking the dog.
5. Medical Malpractice
A medical malpractice lawsuit can be filed when a doctor or hospital fails to meet the standard of care expected of them as medical professionals or health care facilities.
Keep in mind that the injury you suffer must be a direct consequence of the doctor's negligence for your claim to be valid. You must also submit a certificate of review, validated by another medical professional who practices within the relevant field.
In Colorado, you can make a malpractice claim against any healthcare provider including chiropractors, nurses, psychologists, physical therapists, clinics, and laboratories. The claim must be filed with two years of the injury, or within two years of discovering such injury.
However, in the event of fraud or concealment on the part of the medical professional, you have additional time to file your claim.
Do remember that if such injury arises due to the misuse of a product, your claim will not hold up in court. Similarly, if the product modifications are made by a third-party, or the users themselves, preceding the injury, you will not be able to make a claim against the manufacturer.
Other Types of Personal Injury Cases in Colorado
The personal injury cases listed above are some of the more common types of personal injury cases in Colorado. Please note that it is not restricted to these five. Any injury or death arising due to another party's negligence is grounds for a personal injury lawsuit.
Some other types of cases include slip and fall cases, premise liability, defamation, and more.
Finding the Right Lawyer
Do your circumstances match any of these types of personal injury cases? Unsure if your case meets the requirements of a personal injury lawsuit?
At Elkus & Sisson, P.C., we have experienced personal injury attorneys who can help you get the compensation you deserve for the losses and injuries you've suffered.
Get in touch with us today and get expert legal advice and representation for your case.