Denver Personal Injury Lawyer Helping Injured Victims Obtain Compensation and Justice
A serious injury can change your entire life in an instant. When you are harmed as the result of the negligence or recklessness of another, you deserve to be fairly compensated for your injuries. Whether your injuries are due to a car accident, medical malpractice, a slip or fall or any other unfortunate event, a Denver personal injury lawyer at Levine Law can help. Our legal team wants to make sure that you understand your rights under the law and we will do everything we can to help you recover maximum compensation for your medical expenses, lost wages, pain and suffering, disability and other damages.
How a Denver Personal Injury Lawyer Can Assist Colorado Victims of Negligence or Wrongdoing
Personal injury or tort cases can be brought in any situation where someone is injured by the negligence of another person, company or entity. The aim of these cases is to make sure that injured victims are "made whole." Having a knowledgeable Denver personal injury lawyer on your side is the best way to ensure that the laws work as they should to protect you.
Those who have been injured need an advocate on their side who understands what they are going through and can help them to protect their legal rights. For more than 20 years, the experienced injury attorneys at Levine Law have been representing accident victims, helping them get the justice to which they are entitled under the law.
If you or someone you care about has been hurt in an accident caused by the negligence of another, you should expect to receive direct and honest answers when you meet with a legal representative. Denver personal injury lawyer, Jordan Levine, and his entire legal team are committed to providing you with the information and advice you need to make the best choices for your individual situation. We encourage you to review the questions and answers about personal injury cases set forth below and invite you to schedule a free consultation with us to discuss your case.
How Do I Know If I Have an Injury Claim?
When you have been hurt in a serious accident, the first thing you need to do is to make sure you get proper medical treatment. Once your immediate medical needs are attended to, you may begin to wonder whether you have the right to seek financial compensation for your injuries. While some individuals may try to navigate the legal system on their own to recover compensation, it is always best to work with a Denver personal injury lawyer that has experience handling cases similar to yours.
At Levine Law, our legal team has over 20 years of experience advocating for individuals who have been harmed in all types of accidents and injury cases. We offer free consultations where we will meet with you to review your case and outline all remedies that may be available to you. We listen carefully and believe in providing honest and straightforward answers to our clients’ questions. There are many different factors that can affect the outcome of a personal injury case, so we want to make sure that we have all of the information to develop a complete picture of your situation.
In order to be successful in a personal injury lawsuit in Colorado, you need to be able to prove four core elements:
- Duty of Care. The first element that a plaintiff in a Denver personal injury action must establish is that the person or entity that caused the injury owed a duty of care to the plaintiff. The duty of care will depend upon the type of accident and the specific parties involved. For example, in a medical malpractice action, the plaintiff must demonstrate that a physician-patient relationship existed at the time of the incident. Receiving informal advice at a party from a doctor would generally not constitute a legal physician-patient relationship, whereas being treated by a doctor in the hospital would.
- Breach of the Duty of Care. Upon establishing that a duty was owed, the plaintiff must prove that the defendant breached that duty. A breach of duty occurs when the defendant violates the accepted standard of care, such as where an individual is texting while driving or a doctor makes an error in prescribing a medication.
- The plaintiff must also prove that the injury he or she suffered was caused by the defendant’s breach of duty. Consider, for instance, a situation where a truck driver fails to stop at a red light and hits a pedestrian crossing in the crosswalk.
- In order to recover compensation, the plaintiff must be able to establish that he or she suffered harm and incurred losses as a result of the defendant’s breach of duty. Depending on the specifics of the case, a damages award can compensate a victim for physical, emotional and/or financial harms and losses.
While at first look these four elements may appear to be straightforward, the reality is that proving all of these elements in a personal injury case can be very challenging. At Levine Law, your Denver personal injury lawyer will undertake a thorough and careful review of your situation to determine whether all four of the required elements can be established. The founder of our firm, Jordan Levine, has handled hundreds of personal injury cases on behalf of injury victims throughout the Denver area. He knows how to properly investigate and analyze the facts and evidence to build the strongest possible cases for his clients.
In Colorado, as in other jurisdictions, personal injury damages can be separated into three broad categories: economic damages, non-economic damages, and punitive damages.
What Types of Compensation Can I Recover in a Colorado Personal Injury Case?
In most personal injury disputes, the plaintiff is entitled to recover both economic and non-economic damages.
Economic damages include all financial losses associated with the accident:
- Medical expenses (past and future)
- Wage loss (past and future)
- Loss of future earning capacity
- Property damage
- And more
Non-economic damages include all losses that are not easily measurable from a financial standpoint. Typically, these losses are more personal and subjective:
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Loss of companionship, guidance, etc.
- And more
The third category — punitive damages — is somewhat different. It is only infrequently awarded, and that too, for a different purpose. Unlike economic and non-economic damages, punitive damages are awarded to discourage others from engaging in similarly problematic conduct.
As such, punitive damages are meant to be quite significant to achieve their “discouraging” effect. Punitive damages operate as a multiplier on the pre-existing economic and non-economic damages. So, for example, if you are entitled to a $100,000 recovery, then the punitive damages awarded could be up to $700,000, making for an $800,000 recovery in total.
To make a claim for punitive damages, your Denver personal injury attorney will have to show that the defendant engaged in willful, malicious, or egregious misconduct. The court will also have discretion as to whether to award such damages even if you qualify.
Will I Have to Go to Court for My Injury Claim?
In addition to being skilled litigators, we are accomplished negotiators in personal injury claims. Although accident cases sometimes require lengthy courtroom battles to get people the compensation they deserve, many can be resolved efficiently through a negotiated settlement. This option can save significant time and stress.
The good news for anyone seeking compensation for accident injuries is that many cases can be resolved through negotiated settlements. Because insurance companies and others often look to quickly settle cases for pennies on the dollar, it is important to get an experienced attorney’s advice before discussing a possible deal.
At Levine Law, our personal injury lawyers have had significant success resolving cases with insurers and others before going to trial. In these deals, the person injured and the person or entity responsible for the injury sign a binding legal contract. The responsible party agrees to pay a certain monetary sum in exchange for the injured person’s promise not to sue or to drop an existing lawsuit.
The key is to build the strongest possible case as early as possible in the process. By gathering comprehensive evidence--police reports, witness statements, video footage, medical records, expert testimony--and presenting it in the most compelling way, your Denver personal injury lawyer can convince those responsible for an accident that it is better to resolve the case now than take it to a judge or jury.
What Will Your Denver Personal Injury Lawyer Need from You?
Your attorney will need to go over the events of the accident with you. For instance, if you were late on your way to work and you were speeding when you were hit, your attorney needs to know that. If you were distracted and didn’t see an oncoming driver in your lane, you need to tell your attorney. Even if your actions did not cause the accident, your attorney needs to be aware of any potential issues the defense might use against you.
Additionally, your attorney will need a full report of your injuries, including your medical records. You may also need to go over your prior medical history with your attorney, as that information may be requested from the insurance adjuster or defense team. Your attorney will be able to tell you what information if any, you need to provide to the other side.
A personal injury lawsuit may seem intimidating when you first begin, but for most victims, it is well worth the time and effort to cover their expenses and receive restitution.
What is a Personal Injury Claim?
If you or a loved one is hurt in an accident or by someone’s negligence, you may be entitled to receive financial compensation from the party that is liable for your injuries — even if you were partly at fault. You do this by filing a personal injury claim. Some claims will be settled with the insurance company, but some cases go to court. In order to make sure you are being treated fairly and receive the most compensation possible, it is strongly encouraged that you speak with a Denver personal injury attorney.
Understanding Pain and Suffering Damages
Non-economic damages are intended to compensate for the non-economic impact of an accident. That includes compensation for pain and suffering, emotional trauma and the loss of enjoyment of life.
In the tragic event that a person dies in an accident, their family members can also seek compensation for loss of consortium. These damages are meant to cover the loss of the person’s companionship and affection, support, parenting time, and intimacy between spouses.
Because non-economic damages can be difficult to quantify, it is vital to have an experienced personal injury lawyer in your corner. Once you sign a settlement agreement or a court orders a certain award amount, you cannot go back and ask for additional compensation.
Can My Injury Lawyer Fight for Punitive Damages?
Punitive damages are generally designed to punish bad behavior by those responsible for an accident. They are awarded in cases involving fraud, recklessness and malicious intent. They are often awarded for car accidents caused by drunk or drugged drivers and medical malpractice or nursing home neglect cases that involve a complete disregard for reasonable safety standards.
State law imposes certain caps on some types of damages. An experienced accident attorney at Levine Law can help you fully understand those limits and determine what your case is potentially worth.
Calculating Your Settlement Amount
Insurance companies and others take several factors into account when deciding whether to settle a case and how much money to offer to resolve the matter. Those factors include:
- Proof of fault: The stronger the case for liability, the more likely the responsible party will try to settle it. Settlements allow an insurer or other entity to avoid the costs of going to trial and reduce the risk of a court decision.
- Extent of injuries: The more serious the injuries, the more money that the responsible party will be willing to pay to resolve the case.
- Medical costs: Doctors’ bills and other costs directly related to the injuries directly determine the settlement amount.
Regardless of the situation, it is ultimately up to you to decide whether to accept or reject any settlement offer. At Levine Law, we are seasoned litigators who stand ready to go to trial with our clients in the event that an agreement cannot be reached.
How Will Levine Law Handle My Case?
When you are injured due to the negligence or carelessness of another, you generally have two options to recover compensation from the responsible party: 1. Negotiating a settlement or 2. Filing a lawsuit. Regardless of which option you choose, our attorneys have extensive experience helping personal injury victims and their loved ones recover maximum compensation for the harms they have suffered.
Whether you decide to settle or pursue a lawsuit, it is important to recognize that large corporations and insurance companies are notoriously difficult to deal with. When a personal injury claim arises, their objective is to pay out the least amount of compensation possible. At Levine Law, we are not intimidated by big corporations and powerful insurance companies. While many of our cases are resolved through negotiated settlements, your Denver injury attorney is certainly prepared to battle it out in court if a fair settlement cannot be reached in your case.
When Should You Contact a Personal Injury Lawyer?
It is important to understand that if you or a loved one are hurt or killed due to the negligence of another, you will only have a limited period of time to pursue a legal claim for damages against the responsible party or parties. This time period is known as the “statute of limitations.” The statute of limitations for a particular case is based upon the specific cause of action along with a number of other factors surrounding the case.
General Personal Injury Cases
In Colorado, the current statute of limitations for filing a general personal injury action, such as a slip and fall or a dog bite, is two years. In the event you fail to meet this deadline, you will generally be barred from pursuing a lawsuit for damages.
Injury Cases Involving Motor Vehicles
If your case involves a car, motorcycle or other types of a motor vehicle, the statute of limitations will be extended to three years from the date of the crash. However, if an individual has died in the accident and you are filing a wrongful death lawsuit, you will only have two years to file your claim because, in Colorado, wrongful death lawsuits are subject to a two-year statute of limitations.
The “Discovery Rule” Exception
In some situations, an injury may not be apparent until long after the negligent act has occurred. In other cases, it may not be reasonable for a person to know the cause of his or her injury. In Colorado, the “discovery rule” acts as an exception to the standard statute of limitations deadline. Under the discovery rule, the applicable statute of limitations does not begin to run until the date upon which you discovered or should have discovered through the exercise of reasonable diligence, that you suffered an injury that was caused by the negligence of another.
For instance, if you are a victim of medical malpractice, the statute of limitations will start running on the date you either know or should have known that your injuries were caused by the malpractice of your health care provider. Additionally, if your injury claim involves a minor child (a child under the age of 18), different time deadlines may apply for filing your lawsuit.
Figuring out the applicable statutory deadline for a personal injury action can be a very complicated process. Because time is ticking, it is critical to speak with a Denver personal injury lawyer as soon as possible after an accident or injury occurs. When you contact Levine Law, our injury attorneys will examine your case to determine how much time you have to pursue your claim under the applicable law. Even if you think that the statute of limitations may have expired, we encourage you to reach out to us immediately so that we can determine what options may be available in your case.
What Kinds of Cases Do Personal Injury Lawyers Handle?
At Levine Law, our AV-rated attorneys have been named as Super Lawyers and are experienced in their fields. We handle a wide variety of cases and represent the rights of victims injured in many different ways.
Determining who is responsible for an accident or incident in a personal injury case is critical to making the case, but it’s not always easy to do. Even in so-called “cut-and-dry” car accidents where one person runs a red light and hits another vehicle, the issue of liability is strictly determined by tort law and is not always assigned automatically. Tort law states that people can be liable in a personal injury claim for the following three specific types of acts:
- Intentional acts – These are acts committed by a person who means to cause an accident or injure another party. Under tort law, the person who commits an intentional act must be fully aware that his or her actions will result in another person’s injuries. This eliminates careless and reckless behavior, and limits liability to truly intentional actions, such as character defamation or a planned car accident.
- Unintentional or negligent acts – These acts are not intended to cause injury or harm to another person, but do anyway. Negligence is typically the main factor in these cases. A driver who fails to obey traffic signals or speeds and strikes a car or pedestrian may not necessarily have intended to harm his victim, but his reckless actions caused that harm. Had the driver exercised the proper care, he or she could have avoided causing an accident or injury.
- Strict liability or absolute liability – This type of liability is typically assigned to product manufacturers. In the case of a defective product, the manufacturer can be held responsible so long as the injured party can prove that he or she was harmed by the product defect. Warning labels are ways to protect a manufacturer from these claims.
Contact a Denver Personal Injury Lawyer Today
If you or a loved one has been injured, call Levine Law today at 303-333-8000 or contact us online. Your consultation with a top Denver injury lawyer is free, and you only pay legal fees if your case is successful. Our legal team is committed to providing you with exceptional representation every step of the way. In addition to our Denver office, we also have locations in Colorado Springs, Loveland and Fort Collins.