Category: Personal Injury

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.

3 Reasons You Should Hire a Personal Injury Lawyer.

Accidents happen often, whether you are in your car, at work, or even walking into a mall. Some of these accidents might be minor, but you can get seriously injured walking around this earth!

Some accidents are so minor that they only require an apology, but others can be a lot more severe. Sometimes a minor car accident does not require a claim to be filed, but other times your car might be demolished and you may be in a lot of pain.

When anyone involved is injured, or an accident has resulted in serious health and monetary issues, the injured parties may sue. These are three reasons why you may need representation and want to hire a Denver Personal Injury Lawyer.

Reason 1: They Know the Laws

Personal injury laws are not only always changing and being modified, but they can also vary by state, county, and municipality. Also, the guidelines by how you are legally allowed to make a personal injury claim are different depending on the type of accident.

WIth different types of injury lawsuits, there are different rules. For example, if you are bit by a dog, the process is completely different than if you were rear-ended by someone in a car. This is because the statute of limitations is longer in different cases.

Attorneys will be able to let you know which laws will help you win your case, and help you understand how much compensation you should be seeking.

Reason 2: They Can Help You Avoid Court

The goal of a personal injury case is to have you obtain fair compensation. Whether that is to cover your medical expenses, soothe your pain and suffering, or cover the cost of your damaged vehicle, they are there to help with your case.

Sometimes, these types of cases do not even need to be settled inside a courtroom. If both parties agree on a specific settlement amount, then you can avoid meeting a judge at all. Personal injury lawyers know this, and also know that you want to avoid court if possible. While still maintaining the integrity of your case, a personal injury lawyer can make the whole thing go a lot more smoothly.

Reason 3: You Will Have Someone on Your Side in Court

Insurance companies actually will automatically lower their settlement offer to anyone who does not have an attorney representing them. This is why it is important to hire a personal injury attorney before speaking to anyone about your settlement. Experienced attorneys will be on your side, and be able to use their knowledge to get you fair compensation.

Especially in the event that your case is not going in the direction you want it to, you will always have someone fighting on your behalf. If you are in front of a judge, this can make a world of difference in how your case pans out. Also, typically you will only pay your attorney if they win their case, as they will work on a contingency-fee-basis. Note that every lawyer’s legal fees are a different percentage, so be sure to ask this during your initial meeting.

Steps to Take After a Personal Injury Accident

Personal injuries affect millions of Americans every year and many people do not even realize they have a case for which they may be owed. Personal injuries cover a variety of injuries in a variety of situations and many people walk away with injuries and medical bills that they are owed compensation for but never seek justice simply because they do not have all the info they need.

According to the National Center for Health Statistics, approximately 31 million Americans are injured enough to require medical treatment every year. At least 2 million of these injuries require some level of hospitalization for the injury. Over 160,000 of these injuries, on average, are fatal. With statistics like that, are you sure you’re doing enough to get the money and overall compensation you deserve for an injury? Did you have to seek medical help or miss time from work? Someone may be liable for those costs.

What is Considered a Personal Injury?

Personal injury law covers a lot of different injuries. Among the most prominent are car accidents which can result in 3 million injuries each year and almost 40,000 fatalities. Accidents at construction sites result in 300,000 injuries a year and 1,000 deaths. Medical malpractice kills as many as 98,000 people a year. Other examples include slip and fall accidents, dog bites, defamation cases, and mass tort lawsuits.

Steps to Take After a Personal Injury Accident

First and foremost, seek medical attention for yourself and anyone else involved. It’s important to make sure you and everyone involved is safe. Next, make sure while you’re getting medical attention you keep a record of your injuries, what the medical professionals say about them, and any costs you accrue as a result of seeking medical assistance. Keep these records detailed and handy because you will need them later. Also, take down any notes or evidence you can from the scene of the injury, as much as you can do so safely.

Next, you’ll want to make sure you obtain a police report. Ideally, this should be done as quickly as possible and may be done on the scene if you called 911 for medical assistance. Either way, make sure there is an official police report record of the incident which will help you to prove fault. If a police report is not filed at the scene, you can visit the local police station that has jurisdiction and report the incident, which they will then investigate to build a report.

Your next move will be to meet with an attorney. Most personal injury attorneys offer free consultation to take a look at the evidence in your case and let you know if they think it is a viable one. They’ll be with you every step of the way after this, helping you collect and preserve evidence, gather witnesses, and build a case against the guilty party. An attorney can be a life saver when it comes to personal injury cases. Contact us for your personal injury in Denver today.

Other Specialties Of Denver’s PI Law Firm

Personal injury is complicated and pretty vast. It’s scary to realize there are so many ways you could be hurt at work, at home, at a neighbor’s home, or in your car. That’s why you need a law firm that specializes in as many potential injury cases as possible. While personal injury law is vast, it’s far from uniform. A car accident is very different from a medical malpractice case and there are even nuanced personal injury cases such as defamation or legal negligence. How do you navigate it?

Lampert and Walsh is one of Denver’s premiere personal injury law firms. We’ve handled cases from across the gamut of personal injury spectrums. If you’ve been injured in an accident, at work, bitten by a dog, or suffered a slip & fall we’re the people you want to go to to get the money and justice you deserve for your injury. Below are some of the various types of injury cases we’ve covered.

Slip & Fall

This is among the most common injury cases out there. Slick surfaces, uneven terrain, or deterioration of safety rails can cause real injury. If you’ve been hurt from a slip and fall and believe the property owner is responsible, we can help you get the compensation you deserve. A lawyer can help you navigate the complexity of these cases and the ways in which you must prove fault.

Medical Malpractice

You may be surprised to find how many people are harmed because of medical malpractice. If a doctor misdiagnosed you and offered a treatment that harmed you, misread test results, or potentially mis-performed a procedure, you can seek compensation for the suffering you endured. Going up against the medical community can be daunting but we can help see you through it.

Legal Negligence

Law firms can be harmful too. As there is medical malpractice there are also suit options available against an attorney who poorly represented you or caused more harm through their legal counsel. We can help you seek compensation against another lawyer who caused you harm. Lawyers can be scary to take on, but that’s why you need another lawyer to help you get the justice you deserve.

Construction Accidents

This is a confusing topic in personal injury and includes a lot of moving parts and a lot of people. Construction sites are full of subcontractors and other workers. Finding out who is responsible for your injury and where to go for compensation can be difficult but a lawyer can help. We can help you sift through the complexity and make sure the right person is held accountable.

You can find out more about what we do and the personal injury accidents we handle by visiting here. We’ve got years of experience helping those in the Denver area with their various and complex personal injury cases and we can help you too. Give us a call to get started on your personal injury case.

The ‘must have’ checklist for hiring a personal injury law firm

Hiring a legal professional that’s right for you during cases of serious personal injury may seem like an intimidating task. You’ll need a personal injury law firm with experienced attorneys that are willing to go above and beyond for your case. And experience isn’t the only thing that matters. Having a professional on your side that you can trust is equally as important. 

Use this simple checklist to determine which Denver personal injury law firm is right for you. 

Initial consultations are available

A typical law firm will provide consultations for your case to make sure that they can properly serve you. During this initial consultation with the firm, you’ll have the chance to ask an attorney any questions you may have. They may ask you for some forms of documentation like the police report for your claim, any medical bills you’ve accrued up to this point, if you’ve had any loss of income since the accident, proof of correspondence with your or the other party’s insurance representative, and your demand for damages.

Initial consultations typically result in no charge to you. This is a time for you to discover the law firm’s process and to build a foundation of trust. It also gives the firm a chance to make sure that they are properly suited to handling a case such as yours.  

The firm is reputable 

Hiring a reputable firm that is well-established in your community helps to foster trust and ensures that you choose the right firm for your case. Local firms that have been in practice for five years or more are also more likely to be in good standing and have an interest in the community around them. It is essential to perform some research regarding the firm’s merits. 

Be sure to choose a personal injury law firm with a high percentage of winning cases like yours. Attorneys who are experienced in fighting for the plaintiff (your case) rather than the defendant (who you’re filing against) will have a better chance when representing you. A good personal injury attorney will have several examples of cases won that are similar to yours. 

They are willing to communicate

Look for open communication, not only between you and your attorney, but within the firm itself. Your knowledge of the case will only improve your situation, making the process easier for you to understand. A firm’s transparency with you about your case will also help to ease stress and tension during this time. Be sure to bring up any pertinent questions you may have regarding the firm’s decisions and how their representative is handling your case. If you have any issues with the attorney’s process, discuss it with the firm directly. 

They are willing to work with your settlement goals

Depending on the case and your situation, the firm will discuss how much they think your case is worth and if they can succeed in obtaining payout for damages. Not only should a reputable personal injury firm be upfront with you about the range of the settlement and how much they can obtain from the insurance company, but they should be adequately invested in your situation. The firm of your choosing should settle for nothing less than what you need, no matter how long it takes.