Personal Injury Lawyer

Serving Colorado Springs and Palatine

As one of southern Colorado's oldest personal injury law firms, the attorneys at the Colorado Springs law office of 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, dangerously unsafe property, and other instances of 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 has 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.

Damages

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 attempt to compensate a person for harm such as pain and suffering and emotional distress.  In most instances, noneconomic damages have been capped by state law and cannot exceed $250,000, although this figure may be exceeded in certain circumstances.

Comparative Negligence

Traditionally, 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 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 sue, although any judgment 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, a personal injury attorney is aware that most states enact statutes of limitations limiting the time period within which one may file a lawsuit.  This way, potential defendants do not live forever with anxiety and uncertainty of whether a lawsuit will ever be filed against them, even out of an accident that occurred many years ago.  Also, as time elapses, the value of evidence collected degrades and the memories of witnesses fade.  States therefore have enacted statutes of limitations, and if a lawsuit has not been filed before the applicable time period expires, then the claim will be barred by law.

The general rule in Colorado is that a lawsuit must be filed within two years of the date of the accident.  While this may seem like a long time, it can easily pass by while you recuperate and recover, or while you return to work or adapt to a different lifestyle.  Also, you may be spending this time dealing with an insurance company, believing that a favorable settlement is imminent, and before you know it, the opportunity to file a lawsuit has passed, which can decimate your bargaining position with the defendant or insurance company.

Seek Experienced Legal Representation

Whether your recovery can be achieved through a quick 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 judgment 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.