Most Common Personal Injury Injuries In Colorado

As the 28th safest state in the country, Colorado has roughly 73.1 unintentional fatal injuries per 100,000 residents, just above the national average of 68.1. While these numbers might seem small, unintentional injuries are the third-most common cause of death in the country.

Fatalities impose severe hardships on the families who once relied on the victims for love and financial support. Even a nonfatal injury can take a toll on the injured party and their family. They may face mountains of medical bills. They may also miss paychecks during their recovery period, have to change careers, or cease working altogether.

Fortunately, accident victims can pursue Colorado personal injury claims when someone else’s negligent or wrongful conduct has caused their injuries. The team at Bachus & Schanker has extensive experience representing injured clients against the people or businesses responsible for causing them.

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Common Personal Injury Cases In Colorado

Personal injury attorneys practice tort law. Tort law is different from criminal law. It involves civil wrongs committed by one person or business against another. The acts or omissions that constitute a tort might cause bodily injury, emotional distress, financial losses, and reputational damage.

Torts fall into the following three broad categories:

Intentional torts, such as battery, sexual assault, and defamation
Negligence, such as medical malpractice and car accidents
Strict liability, such as for harmful products and, in some states, dog bites

According to the Injuries in Colorado Dashboard, these are some of the most common types of injuries in the state.

Accidental Poisoning

Accidental poisoning can occur in many ways, including:

Unintentional drug overdoses
Exposure to toxic chemicals
Careless storage of hazardous substances

The type of personal injury claim that a victim files for accidental poisoning depends on what happened. For example, toxic exposure may lead to a product liability claim because manufacturers are strictly liable for injuries caused by defective products.

With a strict liability claim, your injury attorney does not need to prove the manufacturer intentionally made a dangerous product or even knew about the defect. Instead, the lawyer only needs to prove that a design, manufacturing, or warning defect caused your injury.

For example, a pesticide that causes cancer might have a design defect since it includes a carcinogen. It might also have a warning defect if the manufacturer fails to tell users to wear a respirator.

Falls

Falls are a leading cause of injuries to seniors and workers. These accidents can happen when someone falls from one level to another. Examples include falls from a ladder or down a flight of stairs.

Injuries can also happen when someone falls at the same elevation. Slips and trips often cause these types of falls.

The liability for falling injuries usually relies on negligence law. To prove negligence, your lawyer can show that the party responsible for the premises was careless in finding and fixing the falling hazard. For example, a broken handrail on a staircase might form the basis of a personal injury claim.

Motor Vehicle Collisions

Motor vehicle collisions kill or injure tens of thousands of Colorado residents every year. Most of these accidents result from dangerous driving behaviors such as speeding, tailgating, and disobeying traffic signs or signals.

Proving liability for motor vehicle crashes requires proof of negligence. Your lawyer must show that the other driver did something unreasonably careless or dangerous. If the accident occurred for reasons outside the driver’s control, such as a vehicle defect unknown to the vehicle’s owner, you might file a claim against someone other than the driver.

Drowning

Drowning accidents can result from negligence. For example, a hotel might fail to mark the depth of a pool or to post a sign prohibiting diving. A swimmer who dives into the pool might injure their head and drown.

Again, claims for drowning accidents usually depend on negligence. The lawyer must prove that the person or business responsible for the body of water failed to exercise ordinary care in posting warnings and maintaining the facility.

Work Injuries

Work injuries are a common cause of fatal and nonfatal injuries in Colorado. These injuries are usually covered by workers’ compensation insurance. Some injured employees might also have a claim against any third party who contributed to the cause of their injuries.

For example, a worker might file a product liability claim against the manufacturer of a defective safety harness. They could file a car accident claim against a negligent driver who hit them while performing a delivery. Or they may pursue a premises liability claim against a property owner who failed to warn them about a broken floorboard.

Process For Filing Colorado Personal Injury Claims

Most personal injury cases begin with insurance claims. Liability insurance protects individuals and businesses from financial losses for certain types of civil claims.

Some forms of insurance that might cover personal injury claims include:

Malpractice insurance for healthcare errors
Homeowner’s or renter’s insurance for premises liability claims
Auto insurance for car accidents
General liability insurance for injuries caused by businesses and their workers

A personal injury attorney assembles evidence to prove the insured party’s liability. This evidence may include witness statements, photos of the accident scene, medical records, and expert testimony.

The insurer then investigates the claim and accepts or denies coverage. If the insurer accepts liability, your personal injury attorney negotiates with the insurance company to settle the claim.

Sometimes, insurance companies deny claims for valid reasons. In other cases, these denials are unfair. Some grounds for denial include:

The policy was not in effect at the time of the accident
The policy does not cover the type of accident that occurred
The insured party did not act negligently
Your injuries did not result from the accident
The insured party’s actions did not cause your losses

Your lawyer can respond to a claim denial with evidence and legal arguments that address the insurer’s grounds. You can also take your case to court by filing a lawsuit against the at-fault party.

Most injury lawsuits settle before they reach trial. If your case goes to trial, your lawyer will present evidence to a judge or jury. The other party will attack that evidence and present defenses. The judge or jury will weigh all the evidence and render a verdict.

If you win, you can get compensation for your economic losses, like medical costs and missed income, as well as non-economic losses, such as pain and suffering.

Contact Bachus & Schanker To Learn More

A serious injury can cause physical and mental trauma. It can also create significant financial hardships. Our personal injury attorneys in Colorado understand the challenges you face and are dedicated to helping you improve your situation.