Personal Injury Cases
As one of southern Colorado’s most experienced personal injury law firms, the attorneys at Melat, Pressman & Higbie, LLP have the knowledge and practical experience to pursue claims against negligent defendants and their insurance companies for serious injuries and wrongful death arising out of motor vehicle accidents, unsafe property, and other negligence or wrongful conduct.
A Colorado Springs personal injury attorney at our firm works hard to recover a full and fair amount on behalf of our clients. Our verdicts and settlements speak for themselves. If you or a loved one have been injured, and you have questions about the value of your claim or the likelihood of a recovery, contact a personal injury lawyer in Colorado Springs at our firm. Some important points of personal injury law are highlighted below.
In general, an injured plaintiff is entitled to recover for all economic and noneconomic losses caused by defendant’s negligence. Economic losses are damages whose value can be objectively known or estimated, such as property damage, present and future medical expenses, lost wages from missed work, and diminished earning capacity in the future. Noneconomic damages compensate a person for harm such as pain, suffering, emotional distress and physical impairment. In most instances, noneconomic damages have been capped by state law and cannot exceed $468,000, although this figure may be exceeded in certain circumstances.
In the past, if the plaintiff contributed in any way to causing the accident or injuries, then he or she could not recover from the defendant, even if the plaintiff’s own negligence was slight. This rule has now been modified in most jurisdictions. In Colorado, as long as the plaintiff’s negligence is 49% or less as compared to that of the defendant(s), the plaintiff may still recover, although any recovery will be reduced by the proportion of negligence attributed to the plaintiff. The job of your Colorado Springs injury lawyer therefore is not only to show how the defendant was negligent, but may also involve defending the actions or behavior of the plaintiff, to show that he or she did not cause or contribute to the accident or the extent of the injury.
Statute of Limitations
As a matter of public policy, most states enact statutes of limitations limiting the time period within which one must file a lawsuit. This way, potential defendants do not live forever with the uncertainty of whether a lawsuit will be filed against them. Also, as time elapses, the value of evidence collected degrades and the memories of witnesses fade. States therefore have enacted time limits for filings a lawsuit. If a lawsuit has not been filed before the time period expires, then the claim will be barred by law.
Seek Experienced Legal Representation
Whether your recovery can be achieved through a settlement or will require a full jury trial to reach a judgment, being represented by an experienced Colorado Springs personal injury attorney with a proven track record of results is a critical element to receiving the most favorable recovery possible. The firm of Melat, Pressman & Higbie has been successfully trying cases and achieving recoveries in southern Colorado courts since 1982. Call today or contact us online for a free consultation about how we can help you with your personal injury claim.