When you’ve been injured as a result of someone else’s negligence, you want the best possible attorney to represent you. You need someone who knows the ins and outs of the state’s personal injury and negligence laws who will fight to ensure you receive the maximum possible settlement or award amount.
But while you are weighing your options and researching the leading personal injury law firms in the area, the attorneys at these firms are doing similar research — investigating your case, looking into your background and determining whether they should take you on as a client.
Because our society is a litigious one and so many firms handle a variety of cases, it’s important for potential clients to know exactly what attorneys look at when they determine whether they will take a case or not. Typically, a firm will look at the following factors as part of their decision-making process.
The firm considers the liability of the person or entity alleged to be at fault. A plaintiff only recovers damages in a personal injury lawsuit if they prove that the at-fault party was negligent, and that their injuries were sustained as a result of that negligence.
While there are many personal injury cases where the fault is clear (such as a drunk driving case in which the intoxicated driver hits another car and the crash causes the other driver to have a broken arm), there are many cases where the liability cannot be clearly assigned or where the injured person shares some of the blame. Colorado law states that if the injured party is more than 50 percent responsible for the accident or injury, he or she cannot seek damages in a personal injury claim.
If liability can be established, an attorney will then consider the economic damages that may be recovered by an injured person. These damages include any expenses related to an accident or an at-fault injury — medical bills, lost earnings, loss of future wages and earning capabilities and property damages. To determine how much a plaintiff can seek for damages, an attorney will consider the nature, severity and potential permanency of a person’s injuries.
The person who caused the injuries is only responsible for paying for the reasonable and necessary medical expenses incurred as a result of the accident. He or she may be held responsible for the lost wages and any lost potential earnings or future work opportunities, depending on the injuries involved and the judge’s determination.
Along with the financial price tag that the at-fault party can be held liable to pay, an attorney will examine what the options for seeking non-economic damages are for a particular plaintiff. Non-economic damages include anything not monetarily related to an injured party’s care or treatment but will be directly affected by the injury. This can include a loss of enjoyment of life and the emotional pain and suffering endured by an accident victim.
To discuss your particular case, contact Levine Law, a Denver personal injury law firm, for a consultation today. We represent personal injury victims and others who have suffered as a result of someone else’s negligence.