Any injury is traumatic and painful, but when you’ve suffered serious or even life-altering injuries due to the negligence, reckless actions, or purposeful wrongdoing of someone else, it’s even more devastating. Even as you move forward from the frightening immediate aftermath of the accident, you’re likely to have painful procedures, surgeries, and medical treatments to deal with right when the bills are piling up and you aren’t able to return to work.
Still, as much as you might need to recover compensation for the mounting damages after your accident, the idea of taking on the challenging claims process, dealing with powerful insurance companies, and the possibility of courtroom litigation, may seem like an overwhelming task just when you need to focus on healing. That’s when a personal injury lawyer can quickly become your best ally.
In Colorado’s at-fault insurance state, a personal injury attorney’s experience, skill, and diligence can go a long way toward maximizing your compensation by investigating the circumstances of your injury, proving liability, and calculating your damages.
Proving Liability in a Personal Injury Case
When an injury was entirely preventable had someone else taken reasonable care, that person or business entity is responsible for damages, usually through a payout from the appropriate insurance policy, such as an auto insurance personal injury policy, private or commercial property insurance, or medical malpractice insurance, depending on how the injury occurred.
In order to obtain a payout on a claim, it’s the plaintiff’s (injury victim’s) responsibility to prove the at-fault party liable for damages. Your lawyer will investigate all aspects of your accident to gather ample evidence of the at-fault party’s liability. Proving fault requires demonstrating the following:
- That the party at fault owed a duty of care to take reasonable measures to prevent injury, such as a doctor’s duty to treat patients to the standards accepted by the medical community, a driver’s duty to follow traffic laws, or a shop owner’s duty to promptly mop up spills and secure shelving
- That they breached this duty through negligence, reckless behavior, or wrongful action
- That the breach of duty directly caused your injury
- That you’ve suffered significant damages from the injury
Once a claim can demonstrate clear liability, your attorney will calculate your damages and draft a compelling demand letter to the appropriate insurance company. Typically, some back-and-forth negotiation takes place before you arrive at an ample settlement agreement for your damages. If the insurance company refuses to offer an acceptable settlement, your lawyer will represent your rights and best interests in court in a lawsuit.
What Can an Attorney Help Me Get From a Personal Injury Claim?
When someone causes you to suffer a serious and expensive injury, they must pay compensation for your damages. With the help of a diligent attorney, you could recover compensation for the following:
- Your medical expenses
- Estimated future medical expenses related to the injury
- Lost income
- Lowered capacity for earning if your injury left you with a partial or total disability
- Pain and suffering
- Any other applicable non-economic damages such as emotional trauma, disfigurement compensation, loss of consortium, or lowered life quality
Compensation for damages like pain and suffering can’t actually ease pain, but it can grant opportunities for better medical care and therapy, plus ease financial burdens so you can care for your family’s needs while you heal.
When you’ve been injured in a preventable accident, you shouldn’t have to go it alone, especially against insurance companies who prioritize their profits over your payout. A personal injury attorney has compassion for your pain and trauma and can help you gain justice, closure, and the compensation you deserve.