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 Herington, your Highlands Ranch personal injury lawyer is 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 team at Manning Herington 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:
Essentially, in any type of accident where someone else is or could be responsible for the injuries you sustained, you may be entitled to compensation. If you are unsure whether another party’s negligence contributed to your accident, the best way to find out is by consulting with a highly experienced personal injury attorney in Highlands Ranch with Manning Herington.
It is important to demand the compensation you deserve from all liable parties. Not everyone who is found culpable will be expected to pay you with cash out of their own pocket. Instead, with help from your legal advocate, you may be able to file a claim against their insurance policy or bring them to trial.
Insurance settlements are one of the top ways to recover compensation after a personal injury. No matter what type of accident caused your injuries, liable parties are likely protected with some type of insurance.
For example, employers are protecting themselves from liability by providing their employees with workers’ compensation insurance coverage as required by The Workers’ Compensation Act. Similarly, motorists on the roadway carry auto insurance coverage to protect themselves from liability as mandated by the Colorado General Assembly.
Unfortunately, insurance settlements are rarely enough to meet the injury victim’s needs. Not only are insurance settlements lacking, but insurance companies often fight tooth and nail to avoid paying on claims. When you need help holding insurance companies accountable for their obligations, Manning Herington is here for you. 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.
Filing a personal injury lawsuit may be necessary, particularly if the at-fault party is uninsured or underinsured for whatever reason. Thankfully, personal injury lawsuits give you the right to be made whole. At trial, you can demand reimbursement of your economic and non-economic damages, some of which could include:
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 in accordance with Colorado wrongful death laws per CRS § 13-21-202. We want to make sure that clients and their family members receive the most attentive care possible in all situations.
The role of your 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, your 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 this information, an attorney will engage in negotiations with insurance carriers and at-fault parties to recover the compensation their client needs. If a fair settlement is not forthcoming, we will fully prepare the case for trial.
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 dogs, 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.
The personal injury claims process can be a lot to take on when you are in the throes of your recovery. Your expenses are mounting, you’re in extreme pain, and finding it difficult to move forward with your life. You need answers and you need them now.
For this reason, we have created a quick FAQ below that answers some of the top questions surrounding personal injury lawsuits and insurance claims in Highlands Ranch below. Additional questions or concerns can be discussed in detail during your free consultation.
Do not be alarmed if you find out the liable party blames you for the accident. This is a common tactic defendants use to escape financial liability. Since Colorado is a modified comparative negligence state under CO Code § 13-21-111, if you share partial blame, your settlement will be reduced proportionately.
If your blame reaches or exceeds 50%, you no longer have the right to compensation. The at-fault party is hoping to place as much of the blame on you as they can so they do not have to pay out as much for your damages. Thankfully, your personal injury attorney in Highlands Park will ensure liability is established through clear and convincing evidence.
Punitive damages are an additional form of compensation that can be awarded in personal injury lawsuits. According to Colorado Revised Statutes Title 13. Courts and Court Procedure § 13-21-102, punitive damages are not an entitlement.
Instead, they are issued when defendants engage in instances of gross negligence, abhorrent conduct, or intentional malice. Although punitive damages will not be awarded in every case, if they apply to you and your type of accident, the amount of compensation you recover could dramatically increase.
In some instances, Colorado laws have placed limits on the award of damages as described by the Colorado General Assembly. 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 according to Colo. Rev. Stat. § 13-80-102. 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.
One of the top benefits of hiring a personal injury lawyer in Highlands Park to take on your case is the ability to demand justice without risking your personal finances. Manning Herington works for our clients on contingency in accordance with the Colorado Rule of Professional Conduct 1.5. We never charge any upfront costs or require our clients to pay for the expenses that occur when we pursue their cases.
Instead, we utilize our resources to pay for expert witness testimony, analysis of forensic evidence, court filing fees, and other necessary costs. If we win your case, a percentage of your payout will go towards your attorney’s fees. If we lose, you do not need to worry about wage garnishment, debt collection, or other adverse consequences. You will not pay even one penny in legal fees if we do not recover compensation for your damages.
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 Herington 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 trial-proven Highlands Ranch personal injury lawyer, you can contact us for a free consultation by filling out our quick contact form or calling us at (720) 515-3191.
