Have you been injured in an auto accident or slip and fall incident? Don’t delay one more second. Get legal help immediately. Our Colorado Springs personal injury attorneys at Springs Law Group are committed to getting you what you deserve in a court of law.
We can’t stress enough the importance of getting legal assistance for any possible personal injury case. Don’t make any concessions with the lawyers representing the other party. They don’t have your best interests and protection in mind. Instead, they are rewarded for paying as little as possible on your claim.
We’re ready to help you now. The best part of choosing Springs Law Group is you always get a top attorney who gives 100% attention to your case. You’re never passed on to an assistant or associate. Our personal injury lawyers in Colorado Springs are standing by to take your call. Give us a call today to schedule a free initial consultation.
How Do I Know I Have a Personal Injury Case?
A personal injury claim, also known as tort, is applicable when you have suffered an injury and someone other than yourself might be legally responsible. This also includes situations where you were harmed not by another human, but by a product, a condition of the land or building, or an animal. In many situations, the law holds the owners of the property at fault. Many personal injury cases are resolved through settlement, but these cases also often go to court.
To determine if you have a personal injury case, consider the following basics of a personal injury case:
- Accident. This aspect can include car accidents, slip and fall accidents, dangerous property conditions, and more. The general rule is that your injuries must have been caused by another person’s mistake or carelessness.
- Intentional acts. Assault and battery and other intentional acts fall into this category of personal injury. The purposeful conduct of another person led to an injury.
The Most Common Personal Injury Cases in America
There are many types of personal injury cases. However, the following are the most common personal injury cases seen in courts today:
- Car accidents. Personal injury cases related to car accidents are the number one most common type of personal injury case in America.
- Medical malpractice. Cases of medical negligence and malpractice are the second most common type of personal injury claim.
- Slip and fall cases. Also very common, these claims also fall under premises liability.
- The rest. Following these categories are cases involving dog bites and intentional torts, like assault and battery.
Do I Need a Personal Injury Lawyer?
You don’t have to hire a personal injury lawyer to file a claim. However, if your injuries are moderate to severe and will have long-lasting effects, or if your case has confusing legal or liability issues, it is wise to hire an attorney. We at Springs Law Group are happy to talk with you during a free consultation. Let us guide you through the process of your personal injury case. We will be your advocates in all aspects of the case, ensuring you get the most compensation and best outcome possible.
How Do Personal Injury Lawyers Get Paid?
Like most personal injury lawyers, we work on a contingency fee basis. This simply means that you don’t have to pay your legal fees ahead of time; instead, we deduct our fee from your final settlement or from the verdict at trial. If you don’t collect, we don’t collect.
The percentage of your settlement that will pay us depends on the case. Generally, the range is 30 to 40% of your settlement, depending on the facts of your case. The exact fee structure will be set out in the contract you sign when you hire our law firm.
No matter whom you hire, your attorney will also deduct additional costs from your settlement. Examples of expenses and additional costs in a personal injury case include the following:
- Filing fees.
- Police reports.
- Medical records.
- Expert witness fees.
- Trial exhibits.
How Long Can a Personal Injury Lawsuit Take?
There is no way to predict with any certainty how long your personal injury lawsuit will take to complete. Each case is different and there are many issues that can come up in a personal injury case that delay the process. Timing usually depends on the severity of your injuries and how long you’re in treatment. However, in general, you can expect your case to take at least a few months—and possibly years—to reach a settlement or agreement, depending on the facts of your case.
What Is a Personal Injury Trust?
A personal injury trust is simply a trust fund that holds the money you received as compensation from your personal injury claim. There are two designated trustees appointed to oversee and manage the funds. You can be one of the trustees. The trustees will also oversee disbursement of funds.
Using a personal injury trust means that the money from your settlement or damage award doesn’t go directly to you, the personal injury victim, as income. A sudden and unplanned flow of income could hurt your eligibility for some benefits like Social Security disability or Medicaid. If you don’t set up a personal injury trust, you might lose your ability to recover certain benefits down the road.
How Much Can You Sue for Personal Injury in Colorado?
For an ordinary personal injury lawsuit, such as those arising from car accidents and falls, certain types of damages are going to be limited by “tort reform” statutes. For example, under the Colorado Revised Statutes, Section 3-21-102.5—which applies to most personal injury claims—the non-economic damages for an injury case are capped at $540,000, with a few exceptions. The statute allows you to recover up to $1,080,000 if there is “clear and convincing evidence” that justifies the increase. There is no corresponding limit for economic damages in such cases. Different limits apply to cases like medical malpractice and wrongful death, so you will want to consult with an attorney about what limits would apply to your case.
Do Personal Injury Settlements Get Taxed?
According to the Internal Revenue Service (IRS), your compensation for a personal injury is non-taxable. There is a caveat, though: you may not itemize deductions for any medical expenses that relate to your personal injury. Typically, if you leave those off your itemized deductions, then no, you do not have to pay taxes on your settlement. We recommend you discuss the taxation issues unique to your situation with an experienced CPA or tax preparer.
Do Personal Injury Cases Go to Court?
Yes, personal injury cases do sometimes go to court. However, only four to five percent of all personal injury cases in America go to trial. This means 95 to 96 percent of all cases are settled pretrial or out of court.
Is There a Time Limit on Personal Injury Cases in Colorado?
Yes, there is a time limit for personal injury claims in Colorado, depending on how you were injured. If you were injured in a car accident, you have three years from the date of the accident. If you were injured in a slip-and-fall or by a condition of property, you have two years from the date of the incident. There are other factors that affect statutes of limitations, such as disabilities, discovery of injuries, fraud, and your age at the time of the accident, so it is important that you discuss the particular facts of your case with an experienced Colorado attorney, such as those at Springs Law Group. If you miss the deadline, your claim will likely be barred and dismissed due to the statute of limitations.
What Laws Govern Personal Injury Cases?
In criminal cases, there are penal codes that govern how a judge should rule on a case. With personal injury cases, since they aren’t criminal in nature, there are no such guidelines. Therefore, much of Colorado’s personal injury law has been created by statute and past court decisions and precedent called “common law.”
Why You Should Consider a Personal Injury Claim?
You might assume your injury isn’t large enough to merit a personal injury claim, and you may be right. However, you may also be surprised. In many cases, even small injuries can have lifelong effects. If your injury has kept you from work, cost you money in the form of medical bills, or negatively impacted your life emotionally, you are likely to have a legitimate personal injury case.
Time Is of Essence. Contact Us Right Away!
Our legal team at Springs Law Group can help you decide if your situation qualifies and would make a valid personal injury case. Remember, the compensation you will receive from a personal injury settlement or verdict isn’t a gift. It is simply you getting back a little bit of the life that was taken from you—through no fault of your own—as a result of an accident. Contact us today for a free initial consultation.