Denver Personal Injury Lawyers

The idea that someone who causes harm to someone else should pay for that harm may seem like common sense. However, personal injury cases can get more complex than you might expect. Here’s an overview of some of the legal principles that tend to come up.

When you file a personal injury lawsuit, you're usually trying to prove that the other party was "negligent," which is a legal way of saying they were careless. Everyone has a responsibility to act reasonably and avoid putting others at risk. If someone fails to do this, they can be held liable for any injuries that result. In some settings, like the healthcare field, negligence takes on a more specific meaning. For example, doctors are expected to meet a professional standard of care, which is different from what would be expected of an ordinary person.

Sometimes accidents happen because an employee was careless while on the job. In these cases, you might have a claim based on "vicarious liability." This means the employer can be held responsible for their employee's negligence. You don't need to prove the employer was personally careless. However, there are also situations when an employer's own negligence, like failing to properly train or supervise their staff, could contribute to an accident. In either case, the employer could be liable for the injuries you suffered.

In some types of personal injury cases, you don't have to prove that the other party was careless. This is known as "strict liability." A common example is a lawsuit involving a defective product. With strict liability, you only need to show that the product was defective and that it caused your injury. There's no need to prove that the manufacturer or seller was negligent.

When a defective product causes an injury, it might also lead to a "breach of warranty" claim. This means the product didn't live up to the promises or guarantees associated with it, leading to your injury. These promises can be explicitly stated or implied.

A distinctive type of personal injury lawsuit is known as an "intentional tort." This means that the person who caused the injury did so on purpose, not by accident. Sometimes these actions can lead to criminal charges. Even if the person is found not guilty in a criminal court, though, they can still be held responsible in a civil lawsuit. That's because the standards of proof are different. In a criminal case, the prosecutor has to prove the defendant's guilt "beyond a reasonable doubt," which is a very high standard. But in a civil case, the victim only has to show that it's more likely than not that the defendant is responsible.

If you're considering filing a personal injury lawsuit, it's important to be aware of the deadline for doing so, known as the statute of limitations. This is a specific time period within which you must file your case. If you miss this deadline, the court is likely to dismiss your case if the defendant requests it. This means you wouldn't be able to get compensation for your injuries, even if you have strong evidence that the defendant was at fault. To protect your right to compensation, it's crucial to file your lawsuit within the allowed time frame.

In Colorado, the standard statute of limitations for personal injury cases is two years. However, there are different time limits for specific types of cases. For instance, you generally have three years to file a claim after a car accident, but only one year to file a claim after an assault. Medical malpractice cases have their own set of complex rules and deadlines.

A few other rules may be relevant to certain types of personal injury cases. One of these is the modified comparative negligence rule. This rule allows you to get compensation even if you were partly responsible for the accident, as long as you were less than 50 percent at fault. If you were, for example, 25 percent at fault, you would be able to recover 75 percent of your damages. However, if you were 50 percent or more at fault, you wouldn't be able to recover any compensation at all.

In Colorado, there are limits on the amount of compensation a victim can receive. There’s a standard cap for non-economic damages, such as pain and suffering, in most personal injury cases. Medical malpractice cases have a different cap for non-economic damages. When it comes to wrongful death cases resulting from a fatal accident, there are separate caps that apply to non-economic damages in these situations.

If you're thinking about suing a government entity in Colorado, it's important to act quickly. The timeline to start your claim is much shorter than the usual statute of limitations. You need to file a "notice of claim" within 182 days of discovering your injury. This notice should detail what happened and the amount of compensation you are seeking. Missing this deadline means you won't be able to proceed with your case, so it's crucial to file on time.

When a claim seems to have some merit, the defendant or their insurance company often prefers to settle rather than fighting it all the way to trial. A settlement is an agreement in which the victim receives a certain amount of compensation in exchange for giving up any further legal claims against the defendant. Settling is generally quicker and less expensive than a trial, and it eliminates the uncertainty over how a judge or jury might see the case.

If you're unable to work, and bills are mounting, you might be eager to receive compensation quickly. Insurance companies are aware of this and might initially present a low offer, hoping you'll accept a smaller amount to quickly resolve the case. However, it's important to carefully evaluate whether the offer fairly compensates you for your injuries, especially if you have permanent disabilities that will lead to future expenses and losses. If the offer falls short, you have the right to continue negotiating for a fair settlement. Although you may wish to move on with your life as soon as possible, waiting for a better settlement is usually worth it. In some cases, settlements are reached just before going to trial.

You might think that you don’t need a lawyer if it’s clear what happened and who was at fault. However, pursuing a personal injury claim isn’t as simple as it may seem, especially as you’re trying to recover from your injuries. Your attorney can put together all the evidence that you need to maximize your claim. This might include:

• Photos of the accident scene
• Statements from people who saw the accident happen
• A police report if an officer responded to the scene
• Records of your medical treatment and the related bills
• Pay stubs showing your lost income
• Analysis of your medical prognosis and its likely impact on your life and your ability to work
• Statements from people who know you about how the accident has affected you

A personal injury lawyer can manage settlement negotiations for you, leveraging their experience to gauge the value of your claim and assess the fairness of any offers. They can provide valuable advice on whether to accept an offer, although the final decision will always be yours. Having an attorney on your side signals to the other party that you are serious about protecting your rights. Since insurers and defendants typically have a lawyer or a legal team, getting your own advocate is a sensible way to make sure that you’re not outmaneuvered.

Although it's unlikely that your case will go to trial, being prepared for that possibility is wise. Your attorney will know the ins and outs of court rules and procedures and can present a compelling argument to the judge or jury. They can also anticipate the defenses the other side might use and explain why they are flawed. While you can educate yourself about the law, there’s no substitute for the knowledge and skill of a professional.

Denver, like other major metropolitan areas, has a vast selection of personal injury attorneys, which can make choosing the right one challenging. While getting a recommendation from someone you know can be helpful, you will likely need to do some online research to explore your options. Resources such as the Justia Lawyer Directory can be valuable tools for comparing attorneys, helping you find the one who best suits your needs.

When choosing a personal injury attorney, it's important to find someone experienced in handling cases similar to yours. For instance, if you want to sue a doctor for failing to diagnose your condition promptly, a lawyer who has built their career on representing car accident victims may not be the best choice. Similarly, if you were injured by a faulty product, you should seek an attorney with a track record of suing manufacturers. You can visit an attorney’s website to get a better idea of the types of cases they handle and their notable achievements.

Additionally, it's helpful to look at reviews and testimonials from former clients. These can provide insight into what it's like to work with a particular attorney. Some attorneys may also have endorsements from their professional peers, which may mean that they have a strong reputation within the legal community. Such recognition may suggest that the attorney will have the respect of the judge and opposing counsel, which can make the process easier.

It's wise to steer clear of any lawyer who has a history of repeatedly violating the rules set by the Colorado Bar. These rules are in place to ensure attorneys uphold high ethical standards. However, if an attorney has only a minor infraction on their record and otherwise appears capable and well-respected, they might still be a good choice for your case.

Most personal injury lawyers offer free consultations to prospective clients. Taking advantage of these consultations is a smart way to find the right attorney for your case. Schedule meetings with a few attorneys who seem promising. During these consultations, each attorney will listen to your story and provide a general assessment of your case. Pay attention to how comfortable you feel talking with the attorney and whether their reasoning impresses you. It's important that they can explain their thoughts clearly and in a way that you can easily understand. This will help you gauge their communication skills and determine if they are the right fit for you.

Probably the most common type of personal injury case is a motor vehicle collision. Some of these involve two or more cars, trucks, or motorcycles, while others involve a vehicle striking a bicycle or pedestrian. Some other situations that may result in serious injuries and resulting lawsuits include:

• Medical malpractice, when a healthcare provider doesn’t meet the applicable standard of care in diagnosing or treating a patient
• Slip and falls or other accidents on property, when a property owner didn’t keep up with maintenance and repairs
• Defective products, which may have a flaw in their manufacturing or design or inadequate warnings about their risks
• Nursing home negligence, when a vulnerable elderly person doesn’t get the attention and care that they need
• Dog bites and other injuries caused by animals
• Workplace injuries, such as accidents at construction sites or warehouses

If you suffer an injury at work, you are likely eligible for workers' compensation benefits. These benefits will cover your medical expenses and a portion of your lost wages. The good news is that you don't need to prove that your employer was at fault to receive these benefits. However, there is a trade-off: you generally cannot sue your employer for additional damages, such as pain and suffering, if the injury is covered under the workers' compensation system. To seek compensation beyond what workers' comp provides, you would need to file a personal injury lawsuit against a third party. For instance, if your injury was caused by a defective product you were using on the job, you might have grounds to sue the manufacturer.

A study reviewing a set of motor vehicle collision lawsuits in Colorado found that the average jury verdict in these cases was over $207,000. However, this amount is shaped in part by a relatively small number of very high verdicts. The median amount of $44,000 may be more helpful. Half the verdicts were greater than this amount, and half were smaller.

Here are some notable personal injury settlements and verdicts in Colorado from recent years:

• $15 million for a truck driver who slipped and fell on ice and grease while making a delivery to a Wal-Mart
• $3.75 million for a woman whose wheelchair rolled off an unpainted curb while she was looking for a curb ramp in the dark outside a movie theater
• $950,000 for a victim of a rear-end collision that allegedly involved distracted driving and tailgating
• $280,000 for a victim struck from the side by a driver who allegedly ran a red light
• $105,000 for a victim who swerved out of the way of another driver who allegedly made an unsafe lane change, causing the victim to lose control of the vehicle and go off the road

The amount that a victim will receive depends on the specific facts of their case. You shouldn’t rely on someone else’s verdict or settlement as a precise indicator of what you’ll get.

Data on car accidents in Denver show that there were 15,239 crashes in the city in 2024. The most common type of collision was a rear-end collision, which accounted for 4,312 of these crashes. However, side-impact collisions were also prevalent, accounting for 3,990 crashes. Head-on collisions were relatively rare at just 575 crashes. Data showed that 539 crashes involved pedestrians, while 236 crashes involved bicycles.

There were 54 fatal accidents in Denver in 2024, including 12 collisions involving pedestrians, 10 rear-end collisions, 10 side-impact collisions, and five head-on collisions. There were 560 accidents that were suspected to have resulted in serious injuries, including 150 side-impact collisions, 130 collisions involving pedestrians, 58 rear-end collisions, 57 collisions involving bicycles, and 37 head-on collisions. There were 1,708 accidents that were suspected to have resulted in minor injuries, including 569 side-impact collisions, 344 rear-end collisions, 187 collisions involving pedestrians, 109 head-on collisions, and 108 collisions involving bicycles.

A local media publication reviewed motor vehicle crash statistics in Denver between January 1, 2023 and May 12, 2024. They produced the following list of the 10 most dangerous intersections in the city during that time:

• East 56th Avenue and North Tower Road
• West Mississippi Avenue and South Santa Fe Drive
• East Hampden Avenue and South Tamarac Drive
• West Colfax Avenue and North Speer Boulevard
• South Platte River Drive and West Mississippi Avenue
• North Quebec Street and East Martin Luther King Boulevard
• East Colfax Avenue and North Colorado Boulevard
• East Martin Luther King Boulevard and North Central Park Boulevard
• South Santa Fe Drive and West Alameda Avenue
• South Federal Boulevard and West Jewell Avenue

The top intersection on this list saw 41 crashes, while the last intersection on the list saw 29 crashes. In total, there were 354 crashes at these 10 intersections, although no fatalities resulted.

If you're considering filing a claim or lawsuit after a car accident, the police report can be crucial evidence. For accidents in Denver handled by the Denver Police Department, you can obtain the report online through their website or by mailing a request form. (Special procedures apply to certain types of crashes, such as fatal accidents and hit-and-runs.) Typically, you can expect a response within 5-10 business days after submitting your request. If the accident was investigated by the Colorado State Patrol, you can request the report online via the Colorado State Patrol Records Request Portal.

If you suspect that a healthcare provider has violated a law or professional regulation, you can file a complaint with the Division of Professions and Occupations at the Colorado Department of Regulatory Agencies. This can be done online or by mail. In cases where you believe nursing home abuse is occurring, you should reach out to the Colorado Department of Public Health & Environment or the Colorado Long Term Care Ombudsman.

If you've been a victim of a crime such as assault, there are several resources available to help you. The Victim Services and Advocacy Network supported by the Denver District Attorney’s Office offers assistance once charges have been filed. If charges haven't been filed yet, you can reach out to the Victim Assistance Unit of the Denver Police Department for support. Additionally, the Center for Trauma and Resilience provides free services to individuals affected by crime, offering crucial support during difficult times.

If you are an injured employee, the Division of Workers’ Compensation in the Colorado Department of Labor and Employment offers a wealth of resources to guide you. These resources cover essential topics such as getting medical care, reporting an injury, and filing a claim.

1. What damages can I get in my personal injury case?

   When you're seeking compensation for an injury, you can pursue both economic and non-economic damages. Economic damages include tangible costs like lost income, medical expenses, and other financial losses directly related to your injuries. Non-economic damages, on the other hand, cover more subjective harm such as pain and suffering, loss of enjoyment of life, and emotional distress. While non-economic damages are capped at a certain dollar amount, there is no cap on economic damages. In situations when the defendant's behavior was particularly egregious, you might also be eligible for punitive damages.

2. How much do I need to pay my lawyer?

   You’ll pay your attorney a percentage of the amount that they get for you through a settlement or verdict. The percentage may be lower if the case ends in a settlement than if it goes to trial. Personal injury lawyers usually will collect between 25 and 40 percent of the award as their fee.

3. How long will my case take?

   The length of a case varies greatly. It could end in a few weeks, or it could last over a year. Cases that are more likely to be contested and thus take longer to resolve include those in which the damages are substantial or fault is not fully clear.

4. Can I get compensation if I had a pre-existing condition?

   Yes, you likely can get damages if you had a pre-existing condition, but only to the extent that the accident or other incident aggravated the condition. This likely will require medical documentation and testimony explaining how your condition is different now from how it was before the incident giving rise to the claim.

5. Do I need to give a recorded statement to the insurance adjuster?

   You don’t need to give a recorded statement to an adjuster who works for someone else’s insurance company. It’s generally a bad idea to do this because it may be used to build a defense against you. You may need to give a statement to an adjuster for your own insurer, but it’s usually wise to get an attorney involved in this process.