If you or your loved one has been catastrophically injured through someone else’s negligence, contact the Denver catastrophic injury lawyers at The Fang Law Firm as soon as possible. Our legal team of experienced Denver personal injury lawyers have the knowledge, skills, and resources to aggressively pursue the compensation you will need to cover your past and future losses.
Catastrophic injuries can have life-changing, debilitating consequences for the victim. When they are caused by the negligence or wrongdoing of another, it is crucial to recover the maximum financial compensation available under the law.
While your claim is pending, your insurance company might not want to cover the cost of ongoing medical care. This can leave you in a difficult position to get the medical treatment you need to heal.
Insurance policy limits play a role in catastrophic injury claims. If you are filing a lawsuit against an individual and not a large corporation, it is likely that the responsible party’s insurance policy limits will not cover your damages. In that case, you would need to file another lawsuit against the party’s personal assets if they exist.
Colorado is a comparative fault state, which means the injured victim may be assigned a portion of fault for the accident, in which case damages are reduced accordingly. For example, if your damages are $100,000 and you are assigned 10% of the fault for the accident, your recovery will be reduced to $90,000.
Catastrophic injuries are complicated injury cases involving complex legal and medical issues and expert testimony. Our Denver catastrophic injury attorneys have the knowledge and dedication to determine and prove liability, negotiate with insurance companies on your behalf, and zealously pursue the maximum compensation possible for your injuries.
Catastrophic injuries are personal injuries that have debilitating, long-term effects on the accident victim and require a lengthy recovery. They often refer to injuries that will permanently affect the victim or that significantly impact an important bodily function. They can also refer to scarring or disfigurement that the victim will have to live with for the rest of his or her life. Examples of catastrophic injuries include:
Sustaining an injury that is severe enough to be deemed catastrophic is overwhelming. You and your family may be facing hundreds of thousands of dollars in medical expenses alone – not to mention lost wages and the emotional toll associated with a life-changing injury. Filing a catastrophic injury claim can help you cope and move forward. Contact our personal injury law firm today to schedule a free case evaluation.
No dollar amount could ever be enough to make up for a catastrophic injury. Holding the negligent party accountable, however, can provide justice for the victim and make it easier to move forward with greater financial peace of mind. You may be entitled to both economic and noneconomic damages in a catastrophic injury claim in Denver. Economic damages are the financial losses associated with your severe injury, while noneconomic damages are the intangible ways the accident affected you.
The types of compensation you may be able to recover include:
Catastrophic injuries are different than other personal injury claims, from a legal perspective, because medical expenses, as well as pain and suffering, are much higher than normal. The value of the injury claim is higher because of the extent of the damages suffered. This means the responsible party’s insurance company will fight harder to deny liability or reduce the amount of damages paid out. Working with an experienced catastrophic injury attorney can help you recover fair compensation for losses you have suffered as a result of your serious injury.
In Colorado, you have two years from the date of your accident to file a catastrophic injury claim. Two years is the statute of limitations on all personal injury cases in the state, with some exceptions for special situations. A statute of limitations is a strict law that the courts adhere to precisely. If you miss your deadline to file, you will most likely be barred from bringing your cause of action or making a financial recovery.
The two-year clock generally starts ticking on the date of the accident but may be tolled (paused) if you did not discover a catastrophic injury until later, such as a traumatic brain injury with delayed symptoms. If your loved one passes away from a catastrophic injury, your window of time will not begin until the date of death. There are also exceptions for minors. A minor with a catastrophic injury has two years from the date that he or she turns 18 to file a personal injury claim in Colorado.
A catastrophic injury lawsuit in Colorado is based on the argument that one or more parties reasonably could have prevented the accident. This party will become known as the defendant, and it is the injured victim’s (plaintiff’s) burden to prove that the defendant is liable for his or her injuries and losses. Proving liability requires a preponderance of the evidence, or clear and convincing evidence that the defendant is responsible for the catastrophic injury with more than a 50 percent likelihood (“more likely than not”).
Establishing negligence and holding someone liable for a catastrophic injury requires proof of four elements:
It is also possible to file a catastrophic injury lawsuit that is not based on the negligence standard. If your injury was caused by a defective product, for example, you may have grounds for a strict liability lawsuit, where it is not necessary to prove that a manufacturer was negligent to hold it liable for your medical bills. If you can prove that your catastrophic injury was caused by a defendant’s recklessness, wanton disregard for the safety of others or malicious intent to harm, this could also qualify you for financial compensation.
A catastrophic injury claim should not be treated like a minor or even moderate injury claim. When an injury is severe enough to change a victim’s life for the foreseeable future, the case deserves special care and attention. Otherwise, the victim may be taken advantage of by an insurance company and settle for less than he or she deserves. When you file a catastrophic injury lawsuit, you may encounter various issues and complications, including:
A catastrophic injury could take years or longer to heal. Settling a claim before you fully understand the lasting effects of an injury is dangerous, as you may not fully understand the value of your claim. This may take your case longer to be resolved.
If a catastrophic injury has given you a permanent disability, you must take into consideration all of your associated losses. It is vital not to miss anything, including necessary medical care, medical devices, live-in care, occupational therapy and lost future wages.
Catastrophic injuries can be particularly traumatic and take an emotional, psychological and mental toll on a victim. Significant compensation may be available for these intangible losses, which are referred to as “pain and suffering.”
Your lawyer may need to hire a medical expert to testify before a judge or jury regarding the extent and severity of your catastrophic injury. This may be necessary to explain the mechanics of your injury and establish how they affect you now and in the future.
When a claim is worth a lot of money (as is often the case with catastrophic injuries), the odds of insurance company bad faith are higher. An insurance company may work harder to undervalue the claim and offer less than the victim deserves for years or a lifetime of related expenses and losses.
Serious injury claims require serious lawyers. Hiring a dedicated personal injury attorney in Denver to represent you can help you navigate all of the unique issues surrounding these catastrophic injury cases. You can focus your energy on healing and rebuilding your life while your lawyer uses personalized legal strategies to overcome any obstacles and challenges involved in your case. You can also trust your lawyer to aggressively negotiate for maximum financial compensation on your behalf when going up against an insurance company.
Any incident that causes physical trauma to the victim can result in a catastrophic injury. Types of incidents that frequently cause catastrophic injuries include:
No matter what type of accident caused your catastrophic injuries, contact a lawyer at The Fang Law Firm to find out how we can help.
Catastrophic injuries occur much more often than they should. Harmful negligence and carelessness are common problems in Denver, Colorado and throughout the country. According to the National Safety Council, in 2020, there were 55.4 million medically consulted injuries and 200,955 preventable deaths. These injuries cost the United States a total of $1,158.4 billion. There was a year-over-year increase of 16.1 percent in the number of unintentional injury deaths from 2019 to 2020.
Compared to 2019, the number of preventable injury deaths at home increased by 21.1 percent, public deaths increased by 13.5 percent and motor vehicle deaths increased by 8.3 percent. The Centers for Disease Control and Prevention reports that 24.8 million physician office visits were reported for unintentional injuries in 2020. The main causes of fatal unintentional injuries were poisoning (87,404 deaths), falls (42,114) and motor vehicle accidents (40,698).
If you or your loved one has suffered a catastrophic injury, it is in your best interests to speak with an experienced Denver catastrophic injury lawyer during a free consultation as soon as possible. Contact The Fang Law Firm today for the dedicated legal advocacy you need for your personal injury case.