Types of Personal Injury Claims

What do you do after you are seriously injured due to the actions of another? The situation may feel overwhelming, with bills piling up while you are in recovery. Luckily, the law allows you to take legal action, but that means hiring a lawyer.

That is where things can get confusing. There are so many different types of personal injury claims. Is there a meaningful difference between different types of lawyers? Do you want a car accident attorney or a wrongful death lawyer when a loved one dies in a car accident? 

The following explanation will help you better understand the various types of personal injury claims.

Workers’ Compensation

Workers’ compensation attorneys handle cases involving injuries that occur in the workplace. Worker protection laws require employers to have workers’ compensation insurance. However, these laws limit the liability of your employer. Typically, these cases allow you to get fair but limited benefits without proving fault.

Car Accidents

Car accidents are one of the most common types of personal injury claims. You want a car accident lawyer when you are injured as a passenger or a driver in a collision involving multiple motor vehicles. If the accident involves a truck or motorcycle, you should typically hire an attorney who handles cases involving those vehicles.

Pedestrian Accidents

When a pedestrian, including a bicyclist, is hit by a motor vehicle, the severity of injuries is usually quite high. Pedestrian accident lawyers usually have extensive experience with life-threatening injuries. This experience enables them to calculate the value of these complex claims accurately.

Medical Malpractice

Medical malpractice occurs when a doctor, hospital, or other medical professional doesn’t apply the acceptable standard of care to your treatment. Attorneys who practice in this field are familiar with medical procedures and can identify violations of acceptable medical standards.

Wrongful Death

Wrongful death claims typically involve different types of damages than with other personal injury claims. Your wrongful death attorney will also need to calculate your losses based on the resources the deceased would have provided for you had they lived. 

The process involves more estimating than many other types of claims, and the state limits who can file these types of claims.

SSDI/SSI Disability

You should contact a Social Security disability lawyer when you suffer from some type of long-term or permanent disability. Federal law allows individuals who suffer permanent disabilities to receive long-term or lifelong federal benefits. The law is complicated, and attorneys who focus on this type of claim understand all aspects of the law.

Veteran’s Disability

This type of law is similar to Social Security disability law, but only applies when the disability is due to military service. The benefits, ratings, and appeals process are different, though, requiring a lawyer who has knowledge of these specific benefits.

Key Differences Between Types of Injury Claims

Different types of personal injury claims differ in what types of damages you can receive, whether you need to prove fault, who you can sue, and whether the government is involved. 

Feature	Workers’ Compensation	Car/Pedestrian Accidents	Disability Claims (SSDI/VA)	Medical Malpractice/Wrongful Death
Fault Required	No, benefits are available regardless of fault (C.R.S. § 8-41-301).	Yes, you must prove another party’s negligence (C.R.S. § 13-21-111).	No, it is based on medical or service-related disability.	Yes, you must prove negligence or failure to meet standard of care.
Pain and Suffering Available	No, only wage loss and medical expenses are covered (C.R.S. § 8-42-105).	Yes, includes pain and suffering, emotional distress, and more.	No, payments are fixed and not compensatory.	Yes, includes both economic and non-economic damages.
Can You Sue the Employer?	No, exclusive remedy rule protects employers from lawsuits (C.R.S. § 8-41-102).	Possibly, if the employer or another party is negligent.	No, government agencies handle the claims.	Yes, against healthcare providers or other liable parties.
Government Involvement	Yes, handled by the Colorado Division of Workers’ Compensation.	No, filed as a private lawsuit in state court.	Yes, through the Social Security Administration or Department of Veterans Affairs.	No, pursued in civil court.
Available Damages	Medical care, wage replacement, permanent impairment ratings.	Full compensation (medical bills, lost wages, pain and suffering, property damage).	Monthly benefits based on need, work history, or service-connected disability.	Compensation for medical costs, lost income, funeral expenses, loss of companionship, and more.

Examples of Personal Injury Claims

Imagine that a surgeon leaves a sponge inside your loved one during an operation, causing an infection. That is an example of medical malpractice, and your loved one could receive compensation for extra medical treatment and suffering. 

If your loved one died due to that infection, the case also becomes a wrongful death claim, and aspects of both types of claims will apply to your case.

Similarly, if you break your arm in a workplace accident, you could claim workers’ compensation. However, if you instead lose your arm to a workplace accident, you would be eligible for both workers’ compensation and disability. 

An experienced lawyer who understands both types of law can determine how much you can claim from each source of compensation.

Expected Timeline for Personal Injury Claims

How long your case will take to resolve often depends on the type of claim. 

Claim Type	Time To File	Legal Basis	Typical Resolution Time
Workers’ Compensation	Report injury within four days; file within two years.	Colorado Workers’ Comp Law (C.R.S. § 8-43-102).	Weeks to several months.
Car Accidents	Within three years of the accident.	Personal injury statute of limitations for motor vehicle claims (C.R.S. § 13-80-101).	Several months to over a year.
Pedestrian Accidents	Within two to three years, depending on vehicle involvement.	Same as above: two years for general PI, three years if vehicle is involved.	Several months to over a year.
Medical Malpractice	Within two years (max three years in some cases).	Colorado med-mal statute (C.R.S. § 13-80-102.5).	Six to 24 months or more.
Wrongful Death	Within two years of the date of death.	Wrongful death statute (C.R.S. § 13-80-102(1)(d)).	Several months to two or more years.
SSDI/SSI Disability	Apply as soon as you are disabled.	No formal deadline, but delays affect benefits (Federal SSA Guidelines).	Several months to over a year (longer if appealed).
Veterans Disability	No statute of limitations, but earlier filing equals more back pay.	Governed by the U.S. Department of Veterans Affairs (Federal).	Several months to years, depending on appeals.

Contact a Personal Injury Claim Lawyer Today

If you are seriously injured in Colorado due to the actions of another party, you need the right type of lawyer to protect your rights. The attorneys at Bachus & Schanker are familiar with all types of personal injury law.