Category: Personal Injury

What is the difference between bodily injury and personal injury?

Law is complicated and confusing. That’s why lawyers exist who went through years of school and standardized tests to learn how to represent you in court. One example of how slippery law can be is the differences between a personal injury and a bodily injury. They sound synonymous but are different and that difference is important. 

Personal injury vs bodily injury 

A personal injury is an injury that occurred as the result of some sort of accident–an auto accident, a slip & fall, a dog bite, or others–while bodily injury refers specifically to the physical injury to one’s body. This difference becomes important where your insurance is concerned which can have coverage for personal injury protection but not bodily injury liability. If you sustain an injury as the result of an accident you caused, you may not be covered for it. 

How to calculate the cost

Some parts of your injury are easy to calculate. Your medical bills go into the cost and have hard digits right on the documents. This means ambulance costs, hospital bills, prescription costs, follow-up costs, and rehab costs. However, also part of this is lost wages if you can’t work and don’t have adequate disability coverage. Further, “pain and suffering” is calculated into the cost as well, quantifying the emotional and mental toll an accident can take on you and adding it to your potential settlement amount. 

How a lawyer can help

When you get into an accident, it’s confusing and scary. The first thing to do is to take inventory of yourself and the accident site. Is everyone safe? Does anyone need medical attention? Call an ambulance if necessary and get yourself to a safe location. Once that’s done, document the accident site–the damage to you, the damage to any nearby property. Keep your mouth shut as well. Admitting fault in any way can come back to bite you later if your insurance determines you have a bodily injury claim rather than a personal injury one. Then call your lawyer and let them handle the battle with your insurance company and the ensuring administrative and documentation work. That’s what lawyers are for. They can negotiate with your insurance company, sue them on your behalf, gather and organize necessary documents, call experts for consultation and testimony, and find you witnesses. Having a lawyer is key in your personal injury or bodily injury case. 

Your insurance company may try to pull a fast one on you to avoid paying you what you’re owed. You need to prove liability for an injury to avoid being slapped with a bodily injury claim rather than a personal injury claim. Contacting a Denver personal injury attorney can be the key to getting the money you’re owed for your lost wages, medical costs, and pain and suffering as a result of someone else’s negligence. And we want to help. Contact us today to get started on your consultation.

How much is a good settlement for a motorcycle accident?

If you’ve been injured in a motorcycle accident, you need to know what your options are. A good settlement can help you pay your medical bills and get back on your feet again. There’s no “one size fits all” when it comes to settlements. Your options will depend on a variety of factors, including the type of injury you sustained, the severity of that injury, and whether or not anybody else was at fault for causing the accident in the first place.

First things first, determine who was at fault. Determine the insurance situation, and determine any injuries and medical costs you accrue as a result of the accident. All information is going to be vital to your case and eventual payout, should your case go to court.

 

What do I do after a motorcycle accident?

First, seek medical attention if necessary and call any emergency services you need. Once you ensure everyone involved is uninjured or is getting the medical help they need, you should document the accident. Take pictures of the scene, of your vehicle, of any injuries. Then you should call your insurance and, if necessary call a Denver motorcycle accident attorney.

Why you should hire an attorney for your motorcycle accident lawsuit? 

It may not be obvious at the time of the accident what it could cost you. There are medical bills and property damage that may or may not be covered by insurance depending on the insurance policy of the person at fault. If you’ve been in an accident, you should call an attorney as quick as possible to ensure you’ve got adequate representation and adequate legal counsel. 

Why getting medical attention is important after a motorcycle accident? 

Not only do you need to look out for yourself, but your medical care will become part of your case. You should document everything about your injuries and medical care. Get any diagnosis in writing, save receipts from hospital or doctor’s visits, and if possible get your doctor to sign off on any documentation of your injuries. All of this will become part of your case and, potentially, part of your settlement. 

What to do if the other driver isn’t insured or doesn’t have insurance that will cover your damages? 

This is why it’s important to have an attorney. If the other driver wasn’t insured or underinsured and you don’t have insurance to cover it, then you’re going to need to go to court. An attorney is the only way you’re going to get what you deserve after an accident, especially if the driver at fault was underinsured. 

How do I find a lawyer for my motorcycle accident case?

Call us. We’ll be your advocate for your motorcycle accident. We’ll offer you an initial consultation to find out if you’ve got a case and then we can go from there.

What kind of cases do personal injury lawyers handle?

Personal injury can mean a lot. In fact, it can mean so much that you might not even realize when you have a case on your hands. Luckily we have the info you need to know if you should get a consultation of a Denver Personal Injury Attorney. 

Auto Accident

This is the most common type of personal injury accidents and also the most costly. Automobile accidents include motorcycles, cars, and trucks, anything you drive. The key to an auto accident is that you have been injured and were not at fault for the accident. Beyond that there may be different laws in your specific state that dictate a personal case and how much compensation you can hope to get for it. You need to do research and seek out a consultation of a Denver car accident lawyer. 

Slip & Fall or On-site Injury 

If you’re on public or private property and are injured, you’ve got yourself a personal injury case most likely. The most common of these types of cases is called slip & fall which usually involves some form of unmarked hazard (such as wet or uneven floor) causes an injury to you. 

Dog Bites

If someone’s dog bites you, you have the right to hold them accountable and have them pay any medical costs that come with treating the wound or getting necessary rabies shots. Dog bites can be dangerous. Be warned though, in some states even a single biting incident could result in the animal being euthanized if you attempt to seek legal justice. It’s best to have a conversation with a lawyer about your case before making any decisions. 

Medical Malpractice 

Sometimes the treatment for something becomes worse than the injury or condition itself because of someone’s neglect or malpractice. Doctors take an oath to do no harm but it doesn’t always work out that way. If you are injured as a result of a medical professional’s negligence–such as a misdiagnosis, lack of care for bedsores, unsanitary conditions, a botched procedure–you may have a medical malpractice case on your hand. Common cases in this vein are issues of neglect in long term care facilities. 

Wrongful Death

The next step up from medical malpractice is a wrongful death case, though it does not always have to involve medical professionals. While a loved one’s death from a botched surgery or a misdiagnosis or neglect qualifies, you may also have a case if your loved one died as a result of an unsafe environment (such as a construction site) where the area was unmarked. 

We want you to get everything you’re owed if you’re the victim of a personal injury. We’re here for you to make the first moves on your personal injury case. Contact us today to get started on your case evaluation and we can see what we can do for you to make  right the ways in which you were wronged. Don’t wait until it’s too late to make a move on your personal injury case. 

What is Considered to be a Personal Injury?

Automobile Accident

This is the most common type of personal injury that can occur. Automobile accidents include motorcycles, cars, and trucks. In order to have a personal injury case from an automobile accident you must have not been at fault for the accident and have been injured as a result. Beyond that there may be different laws in your specific state that dictate a personal case and how much compensation you can hope to get for it. 

Slip & Fall or On-site Injury 

If you’re on public or private property and are injured, you’ve got yourself a personal injury case. The most common of these types of cases is called slip & fall. This type of personal injury case has to do with the environment and the safety conditions in the area where the injury happened. If there wasn’t proper signage or precautions in place to prevent an injury in an unsafe area (such as a wet area, uneven ground, etc.) then you may have a personal injury case. 

Dog Bites

If someone’s dog bites you, you have the right to hold them accountable and have them pay any medical costs that come with treating the wound or getting necessary rabies shots. Be warned though, in some states even a single biting incident could result in the animal being euthanized. It’s best to have a conversation with a lawyer about your case before making any decisions. 

Medical Malpractice 

Sometimes the treatment for something becomes worse than the injury or condition itself. Doctors take an oath to do no harm but it doesn’t always work out that way. If you are injured as a result of a medical professional’s negligence–such as a misdiagnosis, lack of care for bedsores, unsanitary conditions, a botched procedure–you may have a medical malpractice case on your hand. 

Wrongful Death

The next step up from medical malpractice is a wrongful death case, though it does not always have to involve medical professionals. While a loved one’s death from a botched surgery or a misdiagnosis or neglect qualifies, you may also have a case if your loved one died as a result of an unsafe environment (such as a construction site) where the area was unmarked. 

Defamation 

Many don’t realize that your reputation is also a part of personal injury. If you’re facing someone who has slandered you and somehow caused irreparable reputation damage, you may have a personal  injury case on the grounds of defamation of character. A lawyer will be able to help you decide if you do. 

We want you to get everything you’re owed if you’re the victim of a personal injury. Contact us today to get started on your case evaluation and we can see what we can do for you to make right the ways in which you were wronged. Don’t wait until it’s too late to make a move on your personal injury case.

What Does a Personal Injury Attorney Do?

You’ve probably come into contact with plenty of personal injury lawyer advertisements over the years. They’re common on billboards and on television commercials. That’s because personal injuries are everywhere and many people don’t know that their injuries could be worth real settlement money. A Denver personal injury attorney specializes in the area of law that gets folks who have been physically or psychologically injured in some way reparations for their suffering and money to help pay the bills associated with that injury, whether it’s medical costs, insurance payments, or money over missed work. 

What types of cases count as personal injury? 

Among the most common personal injury cases are automobile accidents involving cars, trucks, or motorcycles. They also tackle medical and legal malpractice suits, childcare negligence, wrongful death, among others. The fact is, a lot of things can be a personal injury and folks at large don’t realize it. Not all injuries are obvious and something as abstract as defamation can be considered a personal injury case. 

What constitutes personal injury can vary by state, which is why it’s important to do your research on the confines of a personal injury case in your state. There’s usually a statute of limitations that allows for you only to bring a suit within a certain time frame of an injury and based on certain damages. For example, in some states a personal injury motor vehicle case can only be brought when an accident occurs as the result of a carelessly operated motor vehicle which causes damage to property or injury to a person. Proving a carelessly driven instance can be tricky. It can be similar for someone who is injured in a slip and fall where the property must be proven to be negligent maintained. 

Things that fall under personal injury law include: 

• Dog bites and other pet attacks
• Slip and falls and general premise liability 
• Motor vehicle accidents
• Defamation
• Some on the job injuries including construction site injuries 
• Medical malpractice
• Wrongful death
• Legal malpractice

Intentional Personal Injury 

It is another issue entirely when someone sets out to cause you harm. Personal injury cases often are the result of an accident or some form of negligence, but if someone sought out to harm you on purpose, that is an intentional tort and is another issue altogether that could become a criminal case depending on the circumstances. That’s why it’s important to ensure that you speak to a lawyer immediately after an incident in which you believe you have a case. The clock is ticking and law can be complicated. 

We want to hear from you about your case. Get in contact with us and we can offer a free consultation and case review to determine if you are owed damages for your injury. We want to be your ally and champion in the court of law and get you everything you deserve.

Is it Worth Hiring a Personal Injury Attorney?

Personal injury claims occur in various situations and accidents. Whether you have been injured in a car accident, slip and fall incident, or by the bite of a neighbor’s dog, these are all times in which you might file a claim. Sometimes you might be able to handle your claim through your insurance, while other times you should use a lawyer. Typically, it will depend on whether or not you go through small claims court, as well as the severity of your injuries, and what occurred in the accident.

Managing Your Case

If you are attempting to handle a claim on your own, but then you decide to hire a lawyer later, it may complicate the claim process. This is why it is important to understand what you can handle and what you really cannot. You should also know what you are putting at risk if you mishandle your case. If you are unsure about what to do or how to handle a claim, then you may want to simply contact an attorney anyway for your injury consultation. This can allow you to know whether the cost is worth it, or feasible.

Cases You May be Able to Handle on Your own

• If you were in an accident with little or no injuries: This is one of the most common cases. Especially when it comes to auto accidents such as being mildly rear-ended. This might only cause minimal damage to your vehicle.
• If you live in a no-fault state: In this case, you won’t be allowed to sue unless your injuries are deemed at a certain level based on the nature of the injuries or the cost of treating them.
• If you have already received the maximum amount on your policy: Some insurance companies will only pay out to their policy limits. This means if your opponent has a $100,000 maximum insurance policy and you’ve been offered a $100,000 settlement, you may not be able to get more.

When to Hire A Lawyer

When you are fighting a personal injury suit, the insurance company you are claiming against will have attorneys representing and fighting for them. You may want to have a lawyer with years of experience to back you up. Although it is overwhelming for you, it is simple for them.

You Should Hire a Lawyer if…

• Your injuries are worse than you thought: Even if you simply have bruised your arm, you may want to hire an attorney.
• Small injuries can get worse: It may not hurt much at first, but injuries can turn out much worse than you thought.
• If you think you can collect “pain and suffering” damages: In this case, emotional distress damages or pain and suffering might be considered by a jury, but typically only if argued properly by a lawyer.

If you have been in an accident, contact a Denver Personal Injury Attorney. We can help you decide whether or not you should hire a lawyer to defend you in your case.

What is Personal Injury Law?

Injuries happen, but if an injury happens to you then you most likely will want to obtain restitution. At our Personal Injury Law Firm Denver, we specialize in healing the pain that occurs when an accident or injury happens. If you decide to go to court and take steps toward protecting your legal rights after an accident, then many things may be running through your head.

What is a Personal Injury Lawsuit?

Personal injury cases are legal disputes that occur when someone suffers pain or harm after an accident or injury. Typically, these cases occur when the person injured believes that it is someone else’s fault. The only time you should start a personal injury lawsuit is if you believe that the insurance company will pay money for your medical bills, pain and suffering, and other ongoing medical expenses. If the case involves medical malpractice, your personal injury attorney should work with both insurance companies, but also hospital attorneys.

Typically, there are two outcomes of a case. This may include needing medical treatment, but it comes in two main forms: formal and informal.

Formal Lawsuit

Unlike criminal cases, formal personal injury cases occur when one person brings a complaint against another. In this case, the injured person will state that the other party acted carelessly or irresponsibly in connection with an accident or injury that caused harm. This is known as filing a lawsuit.

Informal Settlement

Most disputes over fault for an accident or injury are resolved easily through informal early settlement. Typically when this occurs, everyone involved in the dispute, their insurers, and attorneys representing both sides will be a part of the case. The settlement will usually be a negotiation that is followed by a written agreement. In this case, both sides will forgo a lawsuit. Instead, the matter may be resolved through a sum of money.

The Statute of Limitations

When you plan to sue someone, you have a certain amount of time to file a lawsuit. This is called the statute of limitations. This is a specific part of the time in which you can sue for your injuries. Within this timeframe, you must sue, or you forgo your right to do so. The statute of limitations is established by state law, which means that based on your injury, it will vary.

Laws that Govern Personal Injury Cases

The development of personal injury law takes place mostly through court decisions. Many states have taken steps to summarize the development of personal injury law. This has been done in written statutes. Despite this, for practical purposes, court decisions are the main source of how the law is implemented when it comes to personal injury cases.

Get Help With Your Personal Injury Lawsuit

Any potential personal injury case requires a detailed understanding of the facts. You should also understand the processes and the law. If an accident has impacted your life and someone else is liable for that, then you are most likely entitled to compensation. Learn more by contacting us today.

Will My Personal Injury Case go to Trial?

Many personal injury cases are settled before ever going to trial. However, this does differ on a case-by-case basis. Personal injury cases involve many steps, but your Denver injury attorney can help guide you through them. Review a few of these steps here so that you are prepared for your personal injury lawsuit.

Consult a Denver Injury Attorney

If you have suffered a serious personal injury, consult with an injury attorney first. Professional personal injury attorneys can help you decide whether filing a claim is the right first step for you. They can also determine if you can receive compensation for any of your hospital bills or loss of pay.

During your initial consultation, your lawyer will ask questions regarding your accident. They will gather details about the accident, injuries, and medical bills, as well as who was involved. This helps your lawyer determine if the other party was negligent and if your case should go to trial. It can take some time to gather all the needed evidence for your claim, especially acquiring medical bills and records.

Negotiations and Settlement Demands

After all of the evidence has been gathered, your personal injury attorney will negotiate with the other party’s representative. This could include other attorneys or their insurance company. Your settlement demand will help cover any financial loss or pain and suffering that you endured due to the accident. In many cases, the process stops here. Smaller personal injury cases are more likely to be settled up front, especially if they are properly represented. Your case will move to the litigation phase if the other party doesn’t agree to your settlement demands.

Personal Injury Trial Phases

Litigation Phase:

This is the phase when your case may go to trial. Your lawyer will go through the steps to file a personal injury lawsuit in court. However, it could take time, even months or years, for your case to be seen.

Discovery Phase:

All legal claims and defenses will be investigated for both parties. Your personal injury lawyer will help you answer any questions that may arise. All relevant documentation and depositions from witnesses are also compiled during this phase.

Mediation Phase:

Mediation happens when neither party can settle. A neutral third party will be brought in at this time. This person acts as a mediator and helps to resolve the case and determine a settlement amount.

Trial Phase:

Getting to the trial phase means that all other steps to settle have failed. Your case will be seen in court and a trial will be held with all parties present. At this time, a ruling is determined for or against your case. Trials can last a few days or up to a week depending on the case presented. They can also easily be moved or rescheduled.

There are many steps involved when dealing with a personal injury case. This can be a confusing process for many, but a professional attorney can help. If you or a loved one has suffered an injury due to negligence, call a Denver injury attorney today.

What Other Services Do Personal Injury Attorneys Offer?

Personal injury often leads to an excess of medical payments and lost wages that can lead to a financial loss. If you’ve sustained an injury in an accident and are trying to recover financial losses, hiring a personal injury attorney may be the right step forward for you. There are many different service areas that a Denver personal injury attorney handles. Let’s review some of these below.

Medical Malpractice

If you’ve received substandard care from a medical practitioner that resulted in personal injury, you may want to file a medical malpractice lawsuit. Your Denver personal injury attorney can help you navigate these often confusing and time-consuming legal battles. During the process of your medical malpractice case, be sure to keep a full record of all treatments you underwent and your symptoms. Your attorney will use this information to back up your case and prove that your provider was negligent.

Negligence can occur in several ways, including through misdiagnosis, failure to deliver appropriate information, anesthesia and prescription dosage errors, and surgical mistakes. Contact your local Denver personal injury attorney to find out if you can receive financial compensations for any of these common negligence mistakes.

Motor Vehicle Accidents

Personal injury due to a motor vehicle accident is very common. These cases are fairly straightforward, but having a personal injury attorney on your side ensures a successful result for your lawsuit. Your attorney will help identify all parties involved, investigate the accident thoroughly, and call experts and witnesses to the stand to defend your case. No matter the type of accident or cause, an experienced attorney can help you achieve maximum compensation.

Slip and Fall

Slip and fall cases can be very hard to prove and win because of Colorado’s modified comparative negligence law. This law states that if you are 50 percent or more to blame for the accident, then you are unable to collect compensation from the lawsuit. Although landowners and business owners are legally required to discover and fix hazards on their properties, the case must be very clear that they were negligent regarding the hazard.

A Denver personal injury attorney can help you prove that the landowner was aware of and failed to eliminate the hazard so that you can receive full compensation for your slip and fall personal injury lawsuit.

Traumatic Brain Injury

You may need to file a traumatic brain injury lawsuit if you have suffered a severe head or brain trauma that has resulted in the limitation of the brain’s normal function. Let an experienced personal injury attorney settle your case so that you can receive full compensation for your financial loss and pain and suffering.

Common accidents that cause traumatic brain injury include slip and fall accidents, accidents in the workplace, motor vehicle accidents, or assault.

Wrongful Death

Wrongful death claims occur when a death was caused by intentional or reckless actions or negligence by another person or organization. There are much thought and research that goes into a wrongful death claim, so any attorney must work hard to provide the necessary evidence. During the lawsuit, they will provide proof of Duty of Care and Breach of Duty to win full compensation for your case.

When Should I Contact a Personal Injury Firm?

After a car accident, you might feel shocked, frustrated, and scared. You may also be in a good deal of pain, and not sure where to turn to next. There is no specific guideline about when you should contact one of the many Denver Personal Injury Law Firms, but if you do plan to hire a lawyer, it is important to contact someone very soon after the accident. For anyone who is in pain after sustaining an injury of any kind, you do not want to go forward without counsel.

Conversations with Insurance Carriers

Most of the time you will need to speak with both your insurance provider and that of whoever’s insurance company you are fighting against. There will be discussions regarding your medical bills and any property damage (if applicable). By having a personal injury lawyer, you are able to have someone to coach you through this process.

If you do not have a lawyer, then you may not get as much for your claim. This process should begin right after leaving the emergency room, or after release from the investigator.

Work With The Statute of Limitation

If you are filing a medical malpractice claim, then you will need to move quickly. Statues exist that require you to file and notify the doctor that you are suing within a certain amount of time. If you wait too long, it becomes invalid. If you believe you have been a victim of medical malpractice, you should contact a lawyer as soon as possible. These claims may take a long time, and your lawyer will need to put in a lot of hours to make it a successful case.

Why Hire a Personal Injury Attorney

They Can Build a Medical Team

Having a lawyer will help to ensure that you have good physicians around you. This will allow you to get the most out of your claim. Your personal injury attorney should be knowledgeable on the personal injury laws in your state and can help you find a medical expert to be a witness in your case. These medical professionals should be able to heal you back to health, but also show the jury how the accident occurred and could have been preventable, as well as how it will affect your future.

They Will Hire Experts

Court experts are people who are experts in their field and can give information as a testimony to help prove your case. Now when you file a claim, it makes sense that an insurance company will attempt to fight your claim to avoid paying out a huge settlement. The problem is, insurance companies usually have a ton of legal resources, which means they have experts on their side. In order to have a fair chance of winning your case, you will need to have some experts on your side as well. As long as you have a personal injury attorney defending you, you should have good experts, and an entire team to push your case to victory.