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How To File A Personal Injury Lawsuit In Colorado

Talk to an attorney who knows how to get results

If you or a loved one was injured in a personal injury accident caused by the negligence of another party, you have the right to seek financial compensation. But this can be a complicated process. The party who caused the accident may deny doing anything wrong. The insurance company may dispute liability. In these types of situations, it may be necessary to file a lawsuit.

The Longo Firm, LLC fights for the injured in Colorado Springs. Attorney Stephen A. Longo understands that a personal injury can impact the lives of victims and their families in many ways. Our firm is determined to help you get the best possible outcome in your case so you can move forward.

What is a personal injury lawsuit?

It’s a legal action filed by someone who suffered harm as a result of another party’s negligence or intentional actions. Personal injury lawsuits are a type of civil litigation aimed at seeking compensation for the damages and losses experienced by the injured party.

Some of the components of a personal injury lawsuit include:

  • Plaintiff: The injured person who initiates the lawsuit by filing a legal complaint against the defendant.
  • Defendant: This is the party accused of causing the accident that led to injuries. The defendant could be a person, company, business, or other responsible party. In some situations, there may be more than one defendant.
  • Negligence: It is generally the responsibility of the plaintiff to prove that the defendant’s negligence led to their injuries. Negligence occurs when the defendant’s actions or failure to act breach a duty of care (legal responsibility) that was owed to the plaintiff, resulting in harm.
  • Causation: The plaintiff must establish a causal link between the defendant’s actions or negligence and the injuries suffered. In other words, it’s not enough to prove that the defendant was careless; you have to prove that you were injured because the defendant was careless.
  • Damages: A lawsuit seeks compensation (damages) for various losses. These may include medical expenses for treating injuries, lost wages if a plaintiff was unable to work, pain and suffering, emotional distress, property damage, and other damages.

How to file a personal injury lawsuit

If you were hurt in an accident, it’s important to get medical attention right away. Then talk to an experienced personal injury lawyer as soon as possible. An attorney can review the details of your case and discuss your legal options for recovering compensation. A lawyer can explain how filing a personal injury lawsuit works and answer any questions you have.

The personal injury lawsuit process includes many different steps. These include:

Conducting an investigation: Your attorney will conduct a thorough investigation to gather evidence supporting your claim. This may involve reviewing accident reports, interviewing witnesses, and gathering evidence such as any photos or videos of the accident.

Examining medical records: These records provide documentation of the injuries you suffered as well as the medical treatment you required as a result.

Issuing a demand letter: Your attorney may draft a demand letter outlining your injuries, damages, and the compensation you are seeking. This letter is typically sent to the at-fault party’s insurance company and specifies a deadline to respond. This may result in negotiations.

Filing a complaint: If negotiations fail to yield a satisfactory settlement, your attorney will file a formal complaint in the appropriate court. This legal document outlines your allegations against the defendant and the compensation you are seeking. Usually, the complaint will be filed in the jurisdiction where the accident happened, but that can vary depending on the circumstances.

Engaging in discovery: Both parties take part in the discovery process, exchanging information and evidence related to the case. This includes the deposition of witnesses, interrogatories to gather information, requests for documents, and more.

Filing pretrial motions: Attorneys may file motions to address specific legal issues or request certain actions from the court. These motions can influence the direction of the case.

Negotiating a settlement: Throughout the lawsuit process, there may be opportunities for settlement discussions. Your attorney will negotiate on your behalf, and work toward a fair settlement that covers your damages. But the lawsuit will proceed unless a settlement is reached at some point.

Preparing for trial: If a settlement cannot be reached, your attorney will prepare for trial. This involves gathering and organizing evidence, identifying witnesses, and developing a strong legal strategy.

Presenting your case: If the case proceeds to trial, your attorney will present your case before a judge and jury. Both sides will give opening and closing statements, present evidence, call witnesses, and make arguments to support their positions.

Reaching a verdict and filing appeals: After the trial, the court will issue a verdict. If you win, you will be awarded compensation for your damages. If either party is dissatisfied with the outcome, the decision can be appealed.

Remember, most personal injury lawsuits reach a settlement at some point in the process. Very few make it to a jury verdict. But it’s still important to have an attorney who is prepared to go to court if that’s what it takes.

Personal Injury Lawsuit FAQ

How long does a personal injury lawsuit take?

There is no single average personal injury lawsuit timeline. It depends on many different factors, including the complexity of the case, the amount of time your medical treatment takes, the willingness of both parties to settle, the strength of the evidence, court procedures, and the specific jurisdiction. Some cases may be resolved within a matter of months, while more complex cases can take years. Your attorney can give you an idea of what to expect.

What is the average settlement amount in personal injury lawsuits?

Again, there is no meaningful average settlement or verdict. Some personal injury lawsuit payouts are larger than others. The amount that you can recover depends on the type and severity of your injuries, your total damages, insurance policy limits, and other factors. An attorney can go over your case with you and give you an idea about how much compensation you can reasonably expect in a settlement or verdict.

Do I need a lawyer to file a lawsuit?

Strictly speaking, there is no requirement to have legal representation. But it’s important to remember that insurance companies have the advantage as they handle claims all the time. They have lawyers fighting for their best interests. Having an experienced personal injury lawyer fighting for you gives you a much better chance of recovering the compensation you deserve.

What is the average cost of filing a personal injury lawsuit?

This can vary. There are filing fees in every jurisdiction, and there are many expenses involved in building a strong case. However, personal injury attorneys work on a contingency fee basis. That means there are no costs or fees that you have to pay upfront. You owe nothing unless your attorney recovers compensation. The costs are paid out of your total recovery.

Contact us for a free consultation

We believe that everyone who has been injured by the negligence of others deserves experienced and dedicated legal representation. Our firm understands the obstacles and challenges you can face when dealing with insurance companies. All you want is to be treated fairly. But the insurance company is not your side.

We can help you fight back. Attorney Longo is ready to speak to you personally. You can expect an honest assessment of your situation and straight answers to your questions. If you decide to file a lawsuit, attorney Longo can guide you through the process every step of the way and keep you informed on the progress of your case.

Don’t delay. In Colorado, you generally have two years from the date of your accident to take legal action. But it’s important to act as soon as possible, before evidence disappears and witnesses forget what they saw. Contact us to schedule a free consultation and find out where you stand.

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