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Bachus & Schanker » Blog » Personal Injury Law » 5 Facts of Personal Injury Law

5 Facts of Personal Injury Law

Posted in , on May 31, 2021

There are several forms of personal injury cases. However, many people are not familiar with these types of lawsuits by this name. They are usually aware of the concept of suing a person for their negligence that resulted in harm, which is generally what personal injury cases involve. There may be compensation available to people who suffer injuries as the result of a party’s negligence.

After an accident in Colorado, a Denver personal injury lawyer can help to determine whether a suit may be brought against the responsible party. To help you understand the concept of personal injury claims, consider these five facts about personal injury.

Fact One: Personal Injuries Lawsuits Are Different Than Criminal Lawsuits

A formal personal injury lawsuit usually involves two parties, one of which is the plaintiff. The party that the lawsuit is brought against is the defendant. A defendant may be a corporation, person, business or some other entity. However, there may be more than one party involved in a lawsuit.

Personal injury suits differ from criminal suits as they involve civil court proceedings and torts rather than one that is initiated by the government for violating the laws of society. The plaintiff may seek remedies for their damages. This can be resolved through a settlement between the two parties or legal litigation. A personal injury claim is one in which the victim seeks justice and monetary relief for their injuries, while a criminal case holds the responsible party accountable to the law.

Fact Two: Personal Injury Cases Can Settle Out of Court

Most personal injury cases settle out of court. Early settlements can occur through those involved in the dispute, attorneys representing both sides or by the insurers. In such an arrangement, the parties come to an agreement through negotiation.

The defendant offers a settlement in the form of a monetary payment. Then, the plaintiff chooses to accept that amount as compensation for damages, including medical bills, property damage, lost income and pain and suffering. At this point, both parties agree to forgo further legal action in the matter through a written agreement and payment of the settlement.

Fact Three: There Is a Time Limit To Make a Personal Injury Claim

In personal injury suits, the plaintiff has a limited time to bring the suit against the defendant. This amount of time is referred to as the statute of limitations. This period generally begins at the time the plaintiff is either injured or discovers the injury. For instance, in elder abuse cases in Colorado, the victim may not discover the injury immediately. May a family member becomes aware of the injuries after they already happened. A Denver personal injury attorney can help to address this concern. Each statute of limitations varies according to the type of injury incurred. People need to move fast as some statutes of limitations are limited to one year.

Fact Four: Every Personal Injury Case Is Unique

Just because cases can be described as personal injury claims doesn’t mean they are all the same. In fact, personal injury cases widely vary depending on the type of accident that caused the injuries and the severity of the damages. Many personal injury cases are car accident claims in which the victim is bringing a suit against the party responsible for the car crash and subsequent damages.

Other types of personal injury cases include:

Because cases that involve catastrophic injury and wrongful death can often be complex, it’s vital to work with experienced litigation attorneys to ensure you get the compensation you deserve.

Fact Five: There Is a Discovery Process

Prior to litigation, both parties may request information in the discovery process. This process involves requesting information or documents surrounding the issues in the case. Discovery can be lengthy, but it is necessary to find essential information surrounding the events in the case.

In order to prove that the responsible party acted negligently, caused the accident and injuries, and should be held accountable for their lack of reasonable care, the victim must present appropriate evidence to support the claim. Even when others are reluctant to share information about the accident, they are legally required to cooperate through the discovery process.

If you or a loved one has been harmed as a result of negligence, contact a personal injury lawyer immediately to discuss the details of your case. In Colorado, there is a limited time to make a claim for compensation. Our skilled legal team of personal injury attorneys in Denver, Fort Collins, Englewood, Boulder and Colorado Springs can help you get the maximum amount for your damages. Contact our team today to schedule a free and confidential consultation on your case.

Kyle Bachus

Kyle opened Bachus & Schanker, with little more than a tiny, rented office and a lot of determination. Starting with less than $15,000, their business has grown into one of the largest, most well respected personal injury firms in the Colorado region. Kyle and his partner Darin Schanker are committed to understanding the circumstances confronting their clients, and ensuring that responsible parties are held accountable for damages they have caused.

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Super Lawyers - Kyle Bachus
Million Dollar Advocates Forum
Martindale-Hubbell Peer Rated for Highest Level of Professional Excellence
Super Lawyers - Darin Schanker
The National Trial Lawyers Top 100 Trial Lawyer
5280 Top Lawyers of Denver
Expertise logo: best car accident lawyers in Colorado Springs