April 18, 2024

How to Tell if You Have a Personal Injury Case or Not

When you have been injured in Colorado due to someone else’s injury, your first thought is getting medical care. But after that, it’s normal to wonder whether you have a personal injury case. Does being injured guarantee you compensation? What must you do to ensure the responsible party is held accountable? It’s always advisable to consult with personal injury attorneys as they are better equipped to answer these questions. After all, this is their line of work. That said, here’s how to know whether you have a case.

The Incident Was Caught on Tape

Everywhere you turn, there’s always a camera monitoring your surroundings. This has become today’s world. Because of this, it’s possible the accident was caught on tape. When filing a claim, photographic and video evidence are very useful in supporting your case. And if the evidence shows that another person was negligent, leading to the accident, you have a strong case and should talk to an attorney.

The Defendant Has Admitted Fault

Another way to know you have a strong case is if the defendant has admitted fault. For instance, if another driver has hit you and while talking, they admit fault, then you have a case. Keep in mind that Colorado is a modified comparative fault state, meaning that if you’re partly to blame for the accident, you only receive part of the compensation. That’s why you aren’t supposed to admit fault before consulting a Denver personal injury law firm and getting advice from attorneys. They can review the case and determine the party at fault.

You Have Severe Injuries

Did the accident leave you with severe injuries? Can you prove this using medical evidence? Then you have a strong case. It’s not uncommon to hear people taking advantage of the situation by exaggerating their injuries to earn money. The defendant’s attorney may try to dismiss your case by saying you’re trying to make quick cash. That’s why you need medical records documenting medical bills, prescriptions, doctor appointments, etc. If all these can prove you sustained severe injuries from the accident, go ahead and file that claim.

The Statute of Limitations Is Yet to Pass

In most cases, an insurance company won’t have a strict deadline for when to file a claim. But when it comes to filing a lawsuit, it’s a different situation. You have to follow the statute of limitations. Otherwise, your case won’t be heard. In Colorado, you get two years after the accident. If you’re within this time frame, you have a case and should consult with an attorney. If two years have elapsed, you can’t sue the responsible party. To collect and preserve evidence, it’s always best to file a claim as soon as possible.

The Defendant Breached Duty of Care

When you go to the hospital, the doctor is responsible for giving the correct diagnosis. If they fail to do so and your condition worsens, you can file a lawsuit for medical malpractice. That’s because they were negligent or breached their duty of care.

The Accident Led to Personal Damages

The aim of filing a personal injury lawsuit is to get compensated for the damages you have incurred. An injury can cause physical, emotional, and financial losses. Most damages include lost wages, pain and suffering, property damage, mental anguish, and lost earning capacity. If you haven’t experienced any damage from an accident, you have no case.

These are the ways to know whether you have a personal injury case. Alongside these, hire an attorney who will analyze the details of your case and give you professional advice.

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