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Personal Injury FAQs

Law Offices of Malcolm B. Seawell Jan. 5, 2024

In 2015, accidental injuries ranked as the third most common cause of death among Denver residents. Personal injury law is a legal area that deals with cases where an individual has been physically or psychologically injured due to the negligence, recklessness, or intentional conduct of another party.  

Whether you're seeking clarity on the legal process, wondering about potential compensation, or trying to understand the role of a personal injury lawyer, we've got you covered. Read on to collect answers to some of the most common questions about personal injury law. Please note that while this guide aims to be informative, it is by no means a substitute for professional legal advice. Consult an attorney in your area to get guidance tailored to your specific situation.  

What types of cases does personal injury law cover? 

Personal injury law is a key part of the legal field that specifically addresses situations where individuals have been hurt due to the negligence or misconduct of another person or entity. It's a broad umbrella, covering a variety of incidents, including:  

The primary objective of personal injury law is to ensure the injured party receives fair compensation for any physical, emotional, and financial damages they've suffered. This means that if someone else's carelessness has caused you harm, you shouldn't have to bear the financial burden alone. Our role as your personal injury attorneys is to fight for your rights and secure the compensation you deserve. 

What damages can be recovered in a personal injury case? 

In a personal injury case, you may be eligible to recover various types of damages that directly resulted from your accident. These can include: 

  • Medical expenses: This encompasses the costs of medical treatments, surgeries, medications, hospital stays, and any other healthcare-related expenses incurred due to the injury. 

  • Rehabilitation therapy costs: If you require physical therapy, occupational therapy, or any other type of rehabilitative treatment, the expenses associated with these services can be claimed. 

  • Lost wages: If the injury causes you to miss work and suffer a loss of income, you may be entitled to compensation for the wages you would have earned during that time had you not been hurt. 

  • Property damage: If your personal property is damaged as a result of the incident, you can seek reimbursement for the costs to repair or replace your damaged items. 

  • Disfigurement, pain, and suffering: These are known as non-economic damages. In cases where the injury causes significant physical disfigurement or results in severe pain and suffering, you may be able to recover damages to compensate for these losses. 

  • Emotional distress: If the injury causes psychological or emotional harm, such as anxiety, depression, or post-traumatic stress disorder (PTSD), you may be eligible for compensation for the emotional distress experienced. 

The specific damages you can recover will depend heavily on the circumstances of your case and the extent of your injuries. That's why it's crucial to consult with an experienced personal injury attorney who can guide you through the process and help you understand what compensation you may be entitled to. 

How long do I have to file a personal injury claim? 

The timeline for filing a personal injury claim, or the statute of limitations, can vary depending on the jurisdiction and the specifics of your case.  

In Colorado, the deadline for most personal injury cases is two years. But there are exceptions. For example, if you were involved in a car or motorcycle accident, you'd have three years from the date of the accident to bring your lawsuit forward.  

If you're filing a claim against the government, you only have 180 days.  

As a general rule, it's always best to file a claim as soon as possible after the incident occurs. This helps ensure that you don't miss any deadlines and that all relevant evidence is preserved. To efficiently construct an effective claim, it's in your best interest to contact a personal injury attorney as soon as possible after your accident. The sooner you start that process, the more time your lawyer will have to gather sufficient evidence and build a strong case on your behalf. 

Can I file a claim on behalf of a loved one? 

Yes, you absolutely can file a claim on behalf of a loved one in Colorado. According to Colorado law, a wrongful death claim can be filed if a person's death was caused by the wrongful act, neglect, or default of another. The circumstances dictate who can file such a lawsuit: 

  • If your loved one was married, had children, or named a designated beneficiary, then the surviving spouse, children, or designated beneficiary has the right to file the claim.  

  • In cases where the deceased person was unmarried and had no children or designated beneficiary, the parents can bring the wrongful death action. 

The statute of limitations for filing a wrongful death claim in Colorado is generally two years from the date of the person's death. In these cases, both economic and noneconomic damages can be recovered. Economic damages cover financial losses associated with the death (lost income/wages, lost benefits, and funeral expenses). Noneconomic damages compensate for intangible losses suffered by the family of the deceased (pain and suffering, grief, loss of companionship, and emotional distress). 

Why should I hire a personal injury lawyer? 

There are numerous benefits to hiring a personal injury lawyer. An experienced attorney can navigate the intricacies of the legal system, safeguard your rights, and give you the best chance of receiving the compensation you deserve. Furthermore, they can gather and analyze evidence, negotiate with insurance companies, and represent you in court if necessary. 

Moreover, having an attorney by your side can offer invaluable support during a challenging time, allowing you to concentrate on your recovery while we focus on obtaining justice for you. At the Law Offices of Malcolm B. Seawell, we pride ourselves on our commitment to our clients and our ability to deliver tailored solutions based on your unique needs. 

Reach out today to schedule a free consultation. Our law firm, the Law Offices of Malcolm B. Seawell, PC, proudly serves clients throughout the Denver Metro area in Colorado. We've had the privilege of representing clients from various neighborhoods, including but not limited to Aurora, Golden, Lakewood, Arvada, Boulder, Brighton, Englewood, Castle Rock, Littleton, and Highlands Ranch.