Colorado Criminal Defense and Personal Injury Attorneys
Free Consultation : (303) 440-0123
Colorado Criminal Defense and Personal Injury 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 injuries, 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.
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.
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.
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 automobiles 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. For example, if you’re injured in a car accident and are under the age of 18, you have until three years after your 18th birthday to file a lawsuit.
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.
The aftermath of a personal injury or wrongful death loss can be extremely difficult to deal with and much more so if you lack a advocate to fight for just 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.
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