Personal Injury/Wrongful Death Attorneys

Data from the National Highway Traffic Safety Administration shows that out of the 5.5 million
auto accidents in the U.S. each year, there are 40,000 fatalities and as many as 3 million injuries.
Although auto accidents are one of the primary types of accidents which lead to a personal
injury, personal injury claims are also applicable to premises liability claims; slip-and-fall
accidents; dog bites; and assault, battery, and other intentional torts. If you or a loved one were
injured by the negligent actions of another person or organization, contact the personal injury
attorneys of Mertes Law for help right away.

Auto, Truck, Bicycle and Pedestrian Accidents as Personal
Injuries

If you have been involved in an accident which was caused by another’s negligence and you are
now left with injuries, medical expenses related to those injuries, and are possibly unable to
return to work, it is essential that you contact the personal injury attorneys at Mertes Law.

The first line of defense on the part of our attorneys will be to collect all relevant evidence,
including police reports, insurance policies, photos and witness testimony. When necessary, an
accident reconstructionist may work at the scene of the accident to prove the negligence of
another person. We will also ensure you receive the expert medical care you need following your
accident.

Other Types of Personal Injuries

Perhaps you were in a public place and suffered a slip and fall with injuries. It is the
responsibility of the owner of the property to ensure there are no hazards present. Where the
hazard is sufficiently apparent and not timely addressed you may have a personal injury claim.
Dog bites can cause serious permanent injuries and disfigurement, particularly with animals who
have known tendencies or who are not properly supervised.

Wrongful Death claims

A Wrongful Death claim is brought to remedy the death of a loved one whose death was caused
person’s or entity’s negligence, recklessness, or intentional actions. A wrongful death action will
be handled in a civil court, not a criminal court, and is intended to compensate the deceased’s
family members for their suffering, as well as their financial losses related to the loss of an
immediate family member.

Under Colorado law the surviving spouse in a wrongful death matter has  priority to file a
lawsuit. For the first year after the deceased’s death, the surviving spouse is the only person who
can file a wrongful death lawsuit. Once one year has passed, any of the deceased’s surviving
children can file a wrongful death lawsuit. 

If the deceased has no surviving spouse or children, their parents can file a wrongful death claim.
Finally, the deceased’s designated beneficiary may bring a wrongful death suit if the deceased
has no surviving spouse, children, or parents.

Extended family and friends are legally unable to bring a Wrongful Death Claim. Additionally, if
 the deceased did not die immediately from their injuries, the representative of their estate may
 be able to file a survival action on behalf of the deceased’s estate.

Most Colorado wrongful death claims are brought as a result of negligent conduct.  To win on
this type of claim you must be able to show that the at-fault party had a legal obligation to avoid
harming the deceased; that the at-fault party failed in that duty because they did not take
reasonable precautions to prevent the accident from happening; and that this failure by the at-
fault party resulted in your loved one’s death.

Dealing with the Aftermath of a Personal Injury

You may have found that dealing with an insurance company following your personal injury is
quite a bit different from what you had imagined. Insurance companies are notorious for offering
a settlement so low that you might not even be able to pay your medical expenses, let alone the
bills piling up from your lost wages. If you were involved in an auto accident, you may be left
without a vehicle while yours is being repaired. If the injuries you suffered were traumatic (facial
disfigurement, severe burns, spinal cord injuries, traumatic brain injury or amputation) you could
be looking at a lifetime of rehabilitation and therapy as well as multiple surgical procedures.

Statutes of Limitation

A statute of limitations is a set time limit established by law to bring an action against another
party. If you attempt to file a lawsuit after a statute of limitations has expired a Court will, in
most cases, refuse to hear your claim.

The statute of limitations applicable to your claim depends on when your claim accrued. Statutes
of limitations specify a time period for filing a lawsuit. The clock starts when the claim is
triggered, or “accrues.”

In Colorado, a claim accrues at the time of the accident, or when an injured person discovers or
should have discovered, the injury.  Under the Discovery Rule if an injured person can show
their injury was not reasonably discoverable until after the statute of limitations had expired, then
it is possible that a court may find that the personal injury statute of limitations never accrued
and permit the lawsuit to go forward.

In Colorado, injured persons generally have two years from the date of accrual to a personal
injury claim against an at-fault person.  But, when motor vehicles are involved, Colorado law
extends the Colorado personal injury statute of limitations to three years from the date of
accrual. 

Intentional injuries, such as assault, have a shorter time period in which to settle or file a lawsuit.

There are exceptions that may toll or stop the clock temporarily, giving you more time. The
statute of limitations may toll until a minor becomes 18. In Colorado, the statute of limitations is
two years from the date of the injury to file a personal injury claim. However, if the claim
involves a motor vehicle accident, it is three years. A minor injured prior to becoming 18 would
be able to file a claim until he or she is 20 or 21, respectively.

In Colorado, tolling is appropriate when the plaintiff is unable to bring a suit for an excusable
reason for example when claims are brought by minors and medically incapacitated persons.  
In some cases, military service can toll the statute of limitations. Courts may also toll the statute
of limitations if it can be shown that an at-fault party is engaged in fraud, such as hiding
evidence. 

Wrongful Death claims must be settled or filed as a lawsuit within two years of a loved one’s
death, however, there are certain circumstances in which a court can extend the statute of
limitations. For example, wrongful death cases related to hit-and-run car accidents have a four-
year statute of limitations.

Contact Our Personal Injury/Wrongful Death Lawyers

The aftermath of a personal injury or wrongful death loss can be extremely difficult to deal with and much more so if you lack an advocate to fight for compensation related to your loss.  Our Personal Injury /Wrongful Death Attorneys will fight for you to receive civil justice and to be fully compensated for your accident-related
injuries or wrongful death loss. Contact Mertes Law for a comprehensive consultation and the
representation you need and deserve. Call us today at 303-440-0123.