The aftermath of a car accident represents what oftentimes is best described as a life altering experience. If you find yourself in such a position, you likely face physical injuries, pain and suffering and perhaps even permanent physical damage. You also may find yourself juggling medical bills and not being able to work.
On top of all of these significant problems, concerns and issues, you face tremendous legal challenges as well. The reality is that even pursuing what seems like a very obvious claim for damages and injuries can seem like (and actually turn in to ) an insurmountable task.
As a Colorado resident, if you find yourself pursuing a claim for injuries and damages with an insurance company, you must understand a provision in Colorado law known as the statute of limitations.
What is the Statute of Limitations?
At its essence, the statute of limitations is law that establishes a specific time period in which you must file a lawsuit to recover compensation for damages and injuries you sustained as the result of the negligence of another motorist. This type of lawsuit typically is referred to as a personal injury case.
Pursuant to the terms of the Colorado statute of limitations, a personal injury lawsuit to recover compensation for injuries sustained in a car accident generally must be filed within three years of the accident. If you fail to file a lawsuit within this three year time period, you more than likely will be forever precluded from obtaining compensation for your losses, even if your injuries are very serious. (Other types of personal injury cases must be filed within two years.)
When all is said and done, the best course of action for you to take to ensure that you fully protect your rights and interests is retaining a capable, experienced Colorado personal injury lawyer. A Colorado personal injury attorney understands the elements of the law, including how to comply with the requirements of the statute of limitations.
The law firm of Harding & Associates focuses its practice on assisting clients in personal injury cases. This includes providing representation to people injured in auto accidents because of the negligence of careless drivers.
The attorneys at Harding & Associates do not charge for an initial consultation. You can schedule an appointment with us by calling 303-762-9500 or 800-878-7888, or emailing us at email@example.com, to schedule an appointment.Source: Blog
If you are injured in an auto-accident or if you have been the victim of an intentional or negligent incident, one common defense that will be used against you will be the defense of contributory negligence.
Contributory negligence allows the defendant to show that the plaintiff was also responsible for the injury or damages. Contributory negligence is measured as a percentage of fault, meaning that both parties will be assigned a percentage of the fault for causing the incident.
For example, a defendant would argue that the plaintiff was at least 51% responsible for the damages under C.R.S. 13-21-111, which states states: “Contributory negligence shall not bar recovery in any action by any person or his legal representative to recover damages for negligence resulting in death or in injury to person or property, if such negligence was not as great as the negligence of the person against whom recovery is sought[.]
The statute further states: “[…] but any damages allowed shall be diminished in proportion to the amount of negligence attributable to the person for whose injury, damage, or death recovery is made.” Here, that statute allows the court to reduce the judgement against a defendant by the percentage of fault caused by the plaintiff. For example, if total damages were $100,000 and the court ruled the plaintiff was 49% at fault, the plaintiff’s judgement would be reduced to $51,000 ($100,000 – $49,000) to account of the part the plaintiff played in causing the damages.
When approaching litigation as a plaintiff, it is important to remember that defendants have several legal defenses, such as contributory negligence, that can be used to avoid liability, or reduce the overall judgement. The attorneys on our legal team at Harding & Associates stand ready to schedule an initial consultation with you. You can schedule a no-obligation, no-cost initial consultation by calling our offices at 800-878-7888 or 303-762-9500.
Under C.R.S. 13-21-111Source: Blog
Injured parties can’t work and it can be devastating for families. For most individuals suffering from a major injury, many sleepless nights are spent worrying about your immediate and future financial needs.
If plaintiffs are engaged in multiple levels of employment, they may have a more difficult time proving their lost wages. For instance, many individuals have part time jobs by taking care of a neighbor’s yard or bartending on the weekends. Non-traditional jobs add a lot of value to many people’s lives, but non-traditional jobs cannot necessarily be easily included when calculating lost wages.
Lost wages are included in the compensatory damages owed to a plaintiff and the court requires documentation that shows the losses the plaintiff has suffered. Courts can be skeptical of what plaintiffs may claim as lost wages if there is no formal tax document provided, such as a W-2 or a 1090 Form to accompany the claim of loss.
Here, plaintiffs must consider what their overall income is and from what sources. After considering all sources of income, plaintiffs and attorneys identify which ones can be readily identified with formal tax documentation or other reasonable ways to show income.
Plaintiffs must also remember how much income may be lost in the future due to the injury. Key factors in determining loss of future income include the plaintiff’s current income, what was the expected income in the future, and how much time the plaintiff needs to recover. Here, plaintiffs will need to show documentation of current income and a calculation of future income based on the time needed to recover from the injury. Further, plaintiffs will often times need a formal medical recommendation of how much time may be needed to fully heal.
The emphasis here is that plaintiffs will need reliable documentation to show the current income and a reasonable explanation of future income, multiplied by the time needed to recover. Further, plaintiffs must ensure this documentation is available and entered into the record to show the court to ensure the most appropriate judgement is awarded.
The attorneys on our legal team at Harding & Associates stand ready to schedule an initial consultation with you. You can schedule a no-obligation, no-cost initial consultation by calling our offices at 800-878-7888 or 303-762-9500.Source: Blog