What Is A Personal Injury Claim

What Is A Personal Injury Claim

A personal injury claim exists when a Plaintiff sustains injuries as a result of a Defendant’s negligence.

Negligence involves duty, breach of duty, causation, and damages. Generally speaking, everyone’s duty is to act reasonably under the circumstances. When we are driving, this duty is owed to all others who share the road with us, including pedestrians and passengers. If someone breaches their duty, i.e., drives unsafely, causing an accident, then that individual has breached their duty. As a result, the Defendant (negligent party) is responsible for the damages sustained in the collision.

Please note: you cannot collect for damages that were not sustained. More specifically, you cannot collect a personal injury settlement unless you were injured as a result of someone’s negligence. Moreover, you are unable to recover speculative damages. For example, you are unable to recover for a claim that the Defendant may have killed you, injured you worse, etc. The injuries sustained in your accident cannot be expanded to include what could have happened. You can collect solely on what injuries you actually sustained (as a result of) the collision.

Can a lawyer help me if I was not injured?

If you were not injured as a result of someone else’s negligence, you do not have a personal injury claim. This does not mean that the person who struck your vehicle (or other property) is relieved of responsibility for your damages; it simply means that you do not have a personal injury claim: you have a property damage claim.

When should I contact an attorney?

Immediately. Pursuant to C.R.S. 13-80-101(1)(n), injured parties have a three-year deadline from the date of their collision to resolve their case or otherwise file a lawsuit. Generally, the deadline is only two (2) years for injuries except those sustained in car accidents. C.R.S. 13-80-102(1)(a). You can hire a lawyer at any time after your car accident; however, these strict time limits apply regardless of when you retain your attorney.

What do I have to pay my personal injury attorney?

Personal injury claims typically handled by attorneys employed on a contingency fee basis. This means that your lawyer is paid a portion of your settlement proceeds. That is why it is extremely common to see advertisements stating that personal injury lawyers do not get paid unless you “win.”

Unless the case requires the filing of a lawsuit, Travis Law Group charges a 1/3 contingency fee for our personal injury cases. This means that we are paid 1/3 of any potential settlement we obtain. Throughout the handling of your case, we provide monthly invoices that show you exactly what work is being done on your case. Even though our clients are not charged an hourly rate, we feel it is extremely important that you see the work we are performing on your case before settlement is reached. We also encourage you to ask questions throughout the handling of your case. We want our clients to be informed and comfortable throughout our handling of their claim.

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