Colorado Springs Personal Injury AttorneyPrint Page
Injuries happen, no matter how careful you are to avoid them. If you or a loved one have suffered an injury, you know that the medical bills and other expenses can be overwhelming, particularly if your injuries are serious and you are unable to work, or if you are facing a loss of income due to the death of a family member. Fortunately, under Colorado law, injury victims and their families are entitled to receive compensation from the person or business responsible for their injuries. An experienced Colorado Springs personal injury attorney can help you recover your costs and other losses by representing you in a personal injury claim.
For more than 20 years, the attorneys at Levine Law have devoted our practice to fighting for the rights of injured accident victims in the Colorado Springs area. We understand the financial challenges you may be facing and the anxiety and frustration that comes along with them, and we have a strong track record of success helping our clients overcome these challenges. Our personal injury lawyers will thoroughly investigate your accident, document the facts in your case and the extent of your injuries, help you get necessary medical care and tenaciously pursue the compensation you deserve.
How Do I Know if I Have a Personal Injury Claim?
Colorado personal injury cases arise when one person suffers harm from an accident or injury and another person or entity is legally responsible for that harm. This is the legal concept of "negligence." To make a negligence claim, you must be able to demonstrate that:
- A person, corporation or government agency owed you a duty of care (in other words, that person or entity had an obligation to take certain precautions when performing any action that could foreseeably harm you);
- The person or entity at fault did not fulfill their duty of care;
- You suffered an injury as a result of the responsible person’s failure to exercise reasonable care.
The potential causes of harm are widely varied. Some of the typical situations that can lead to personal injury claims include vehicle accidents, slip and fall accidents, medical malpractice and construction site accidents. As a general matter, you might have a claim if you have suffered an injury that can be attributed to any of the following:
- negligent or intentional acts of another person, corporation or government agency;
- a faulty or unreasonably dangerous product; or
- a domesticated animal or another animal under the ownership or control of a person or entity.
It is generally advisable to initiate a personal injury claim as soon as possible after the incident occurs. By acting quickly, you can help ensure that you do not miss any important filing deadlines, and your attorney can appropriately document and preserve the important evidence you need to build a successful case.
If you are filing a claim with an insurance carrier (either your own or another person’s), most insurance providers require that claim paperwork be filed “promptly” in order to be eligible for coverage. Claims should generally be filed with insurers as soon as practicable, or at most within a few weeks after the accident occurs.
In addition, every state has established a time limit (called a “statute of limitations”) within which certain claims must be filed in court. If you fail to initiate your case within the statute of limitations period, you will forfeit your claim and will not be able to recover compensation for your losses. Under Colorado law, most personal injury lawsuits must be filed within two years from the date of your injury or, in some cases, from the date you discovered your injury. Personal injury lawsuits arising out of vehicular accidents must be filed within three years.
Why Do I Need a Colorado Springs Personal Injury Attorney?
If you have a viable personal injury claim, it is always advisable to partner with a knowledgeable and experienced Colorado Springs personal injury attorney to protect your interests and give you the greatest chance for success. Even if you have a good relationship with the neighbor or local business owner responsible for your injuries, an otherwise simple personal injury claim can quickly become contentious when emotions are high and competing financial interests are at stake. Moreover, if you are dealing with an insurance company – even your own – the insurance carrier will always put its own company’s interests first, and you may not have the leverage to advocate effectively on your own behalf. An Colorado Springs personal attorney who understands the claims process and who routinely negotiates with insurers and defense counsel is a powerful ally to have by your side.
Assessing and proving fault and damages in a personal injury case is often subjective and can be complicated, particularly if multiple parties are involved. Our experienced attorneys understand the legal positions that decision-makers find compelling, and we have extensive experience countering common legal and factual arguments. Working with a knowledgeable attorney helps to ensure that you recover all compensation to which you may be entitled.
Finally, a personal injury attorney will manage all the administrative details of your claim so you can focus on getting back on your feet. You can have peace of mind knowing that our attorneys will:
- Handle all communication related to your claim, including phone calls or correspondence with insurance providers, the responsible party, your health care provider and defense counsel;
- Carefully build your case, including documenting your injuries, collecting and preserving evidence, interviewing witnesses and investigating the facts;
- Identify and solicit opinions from qualified medical and financial experts to substantiate the extent of your injuries and your financial losses;
- Prepare and file all required paperwork;
- Advocate for your interests in negotiations with insurance carriers; and
- Speak on your behalf in court, if necessary.
The Cost of Legal Services
Not every Colorado Springs personal injury attorney charges the same rate. Levine Law offers a no-cost, no-obligation initial consultation to all prospective clients. Our attorneys will evaluate your case for free. The goal of this initial consultation is to help you understand your rights and obligations, to give you a sense of what your claim might be worth, and to discuss what kind of assistance our attorneys can provide.
If you decide to hire us to represent you in your personal injury claim, we will not charge you any fees unless and until your claim is resolved successfully, either by a court decision or through an out-of-court settlement. Our attorneys work on a “contingency fee” basis, which means that we are only paid if we help you recover compensation for your injuries. At the conclusion of your case, a percentage of the compensation you receive will be allocated to cover our legal fees.
Accepting a Settlement vs. Litigation
As you may already be aware, legal claims take some time to resolve. Our goal is to help you recover as much money as you are entitled to, which often requires patience and persistence. Generally, the longer you are willing to wait, the more likely you are to recover more of your losses. However, you are ultimately the one who will make key decisions with respect to your case, and you determine whether and when to accept any settlement offer, not us. Therefore, you will have control over how quickly your case is resolved.
For example, an insurance company will likely offer a low upfront settlement payment to dispose of your case and keep their own costs down. You may decide that you want to accept this initial settlement payment. If so, your claim can likely be resolved quickly. That said, we generally recommend waiting to accept any settlement amount at least until your doctor has fully diagnosed and treated your injuries to a point where your ongoing medical expenses can be accurately assessed.
If you decide not to accept an initial offer, we will engage in negotiations with the insurance carrier on your behalf as we build your case for full compensation. You should be aware that the insurer may try to delay the negotiation process as a tactic to pressure you to settle for less money than you deserve. You may decide to accept an offer at any point during these negotiations.
Most personal injury claims are settled out-of-court. However, if a settlement cannot be reached through negotiations, your claim may need to be resolved by a judge or a jury. Even after filing a lawsuit, a settlement agreement may be reached at any point before a court decision is rendered. Again, this decision is ultimately up to you.
Contact a Colorado Springs Personal Injury Attorney Today
If you have been hurt in an accident and suspect you may have a personal injury claim, our Colorado Springs personal injury attorneys are here to help. Contact us for a free consultation to assess your case and discuss your rights.