In spite of how often accidents and injuries occur, they may still cause a great deal of suffering and uncertainty when they affect you or a loved one. It’s natural to have many questions regarding filing a personal injury claim if you’re considering taking legal action to defend your rights after an accident or injury. Personal injury law is based on tort law and civil litigation. The amount of money a plaintiff gets for their injuries usually depends on how bad their injuries are.
Damages awarded in a lawsuit might be used to pay for medical expenses and lost earnings related to an accident. Personal injury claims are often resolved out of court before going to trial. Instead of going to court, the parties and their attorneys resolve the dispute via negotiations. In the event of a trial, the matter may be heard by the judge alone, the judge and jury, or both. They must decide how much fault each party bears and how much money should be awarded as compensation for the harm done.
An individual might file a personal injury lawsuit if they were injured in an accident and believe that another party was at fault for their condition. The at-fault party’s insurance company will pay the injured party’s medical bills as well as any pain and suffering they experienced as a result of the accident and subsequent treatment. Your personal injury attorney will coordinate with insurance companies and hospital lawyers if medical negligence is a factor in your case.
By having your case heard in a civil courtroom with the assistance of a personal injury attorney, your case may be given the formality it needs to be considered a personal injury claim. This court hearing aims to determine who is to blame under the law, but off-the-record discussions between the parties involved first settle most legal issues. It is possible for a lawsuit to last anywhere from a few months to many years, depending on the nature of the personal injury and the number of damages sought by the affected party.
The following are the two most probable outcomes of a case, such as the need for medical care after a vehicle accident or harm as a result of property damage:
A private individual (the “plaintiff”) files a civil lawsuit against another individual, company, corporation, or government entity (the “defendant”), claiming that the defendant’s negligence or irresponsibility contributed to the plaintiff’s suffering or loss. It is called “filing a lawsuit” in the legal world.
Most disputes about who is to blame for an incident or damage are resolved swiftly and amicably, usually by the people involved, their insurance companies, and their respective attorneys. The parties to a dispute may decide to settle it out of court by having a conversation and then committing to the terms of the settlement in a written agreement that states they will not pursue any further action (including a lawsuit) and will instead pay the agreed-upon monetary amount.
The purpose of damage limits in personal injury cases is to restrict the amount of compensation an injured party may get. Non-economic damages, such as compensation for “pain and suffering” and other intangible harms, are capped in a few jurisdictions. Non-economic damages in personal injury claims in Colorado are limited to $250,000 or $500,000 if “clear and persuasive evidence” exists to warrant an increase. This statute, which was enacted in 1986, provides for cost-of-living increases. When adjusted for inflation, the standard for “clear and convincing evidence” was close to $1,080,000 in 2014, but the basic ceiling on non-economic damages was close to $540,000. The relevant provision of law is Section 13-21-102.5 of the Colorado Revised Statutes.
Please be aware that in Colorado, non-economic damages in medical malpractice cases are capped at $300,000 (and total damages at $1 million).
Personal injury cases are complex, requiring knowledge of the relevant legislation, procedures, and evidence. If your life has been changed because of an accident and another party is responsible for your injuries, you may be eligible for financial compensation. Talk to Earl & Earl at (719) 249-5878, the best Colorado personal injury attorney specializing in personal injury law, for a free review. Hire their team of skilled attorneys to help you get the compensation you need.
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