Any time an individual sustains an injury caused by the careless or negligent actions of another person, business, or entity, they deserve compensation for their losses. Unfortunately, securing this compensation can be incredibly challenging. At Manning Law, our Highlands Ranch personal injury attorneys are dedicated to helping injury victims recover total compensation for their losses. We have the resources necessary to fully investigate these claims, and we are not afraid to stand up to aggressive insurance carriers. Call the firm at (720) 515-3191 to get started with a free consultation.
The role of a personal injury lawyer in Highlands Ranch will be multifaceted and include standing by their client’s side throughout the entirety of the case. First, this will consist of conducting a complete investigation into the incident in order to prove what happened. An attorney will work diligently to uncover various types of evidence, including:
In the process of gathering evidence, a personal injury attorney in Highlands Ranch will make sure that their client is evaluated by trusted medical professionals who can treat their injuries and help properly calculate total expected losses. Using all of this information, an attorney will engage in negotiations with insurance carriers and at-fault parties in order to recover the compensation their client needs. If a fair settlement is not forthcoming, an attorney will fully prepare the case for trial.
The team at Manning Law has extensive experience handling complex injury claims in Highlands Ranch and throughout Colorado. This includes, but is not limited to, injuries arising due to the following:
If an insurance carrier acts illegally when it comes to paying out your claim, we will also pursue them for additional compensation through a bad faith insurance lawsuit.
Additionally, our team provides compassionate assistance to those who have lost loved ones due to the careless or negligent actions of others in the Highlands Ranch area. We want to make sure that clients and their family members receive the most attentive care possible in all situations.
Any person who sustains a loss or an injury that results from the act of another can hold the responsible person liable for damages. When a claim is brought, the injured party pursuing the claim must prove their position. In Colorado, there are four requirements that an injured party must prove for liability to be established. These requirements are given and discussed below.
A duty of care is established when a person reasonably expects the care and attention of another. Examples of this are a passenger in a car or a bus, those in the company of a dog owner, a shopper at a store, or a guest in a home. These owners and drivers have a duty of care to drive safely, obey laws, restrain their dog and maintain their property to avoid injury to others.
When a duty of care is established, then it must be proven that the duty was breached. In Colorado, a “reasonable person” standard is applied. In proving a breach of duty, it must be established that a reasonable person with ordinary capabilities and faculties would have acted the same way in the same situation. If the responsible party does not meet the reasonable person standard, then the breach of duty has been established.
Other words for “actual harm” are injury, loss or damage. There are three categories of damages: economic, non-economic and punitive.
The economic damages are the expenses paid out-of-pocket by the injured person, and these expenses must be directly related to the injury. These expenses include medical bills, prescriptions, physical therapy, repairs to a vehicle and lost wages, to name a few. These damages are tangible.
The damages that are within the non-economic category are intangible, like pain and suffering. Although intangible and cannot be proved with receipts or other physical evidence, non-economic damages are very real.
Punitive damages are in addition to the economic and non-economic damages and are awarded against the responsible party as a further punishment for the act.
The injured party must prove that the damages directly result from the breach of duty by the responsible party. When a claim by an injured party meets all of the above four requirements, then the injured party is entitled to seek relief and compensation.
The State of Colorado provides another layer of negligence when proving responsibility. Using terms in plain English, if the person responsible for an injury suffered by another violated a law, rule or statute, then there is a presumption of negligence by default. An example of this would be the other driver speeding or a property owner violating a local ordinance to properly maintain a parking area.
In some instances, Colorado laws have placed limits on the award of damages. In most cases, there is no cap on economic damages. This means that an injured person can be compensated for all expenses paid out of pocket. However, the non-economic damages, like pain and suffering, are limited to $300,000. If punitive damages are awarded, then these damages cannot exceed the combined amount of economic and non-economic damages.
In Colorado, an injured person must file a claim for personal injury in civil court within two years from the date of the accident. There are some exceptions to this statute, but the exceptions are limited and narrow and often do not apply to a typical personal injury claim. Getting help from a Highlands Ranch personal injury attorney as soon as possible can maximize the opportunity to recover compensation.
If you or somebody you love has been injured due to the careless or negligent actions of another individual or entity in the Highlands Ranch area, Manning Law is ready to help. We have decades of combined legal experience handling complex injury claims throughout Colorado, and we know what it takes to help clients recover total compensation for their medical bills, lost income, pain and suffering losses, and more. When you need a Highlands Ranch personal injury attorney, you can contact us for a free consultation by clicking here or calling us at (720) 515-3191.
