Learn about personal injury and about our personal injury lawyers in Colorado Springs at Maceau Law by watching the video and reading the information below:
Personal injury can be a life-altering event. That’s why it’s so important that if you are wrongly hurt (at work, in a car accident, at the hospital, because of a faulty product) that you seek legal counsel immediately.
You have to realize that other people and organizations act on behalf of their own interests, not yours. Even if it seems like they’re being nice and considering your situation, more than likely, they’ll take advantage of you. You have to stand up for yourself and get the help of a personal injury attorney if you want to be treated fairly.
And if you don’t take the appropriate course of legal action right away, you could miss out partly or entirely on a substantial financial entitlement that you’re entitled to. That’s why if you even think you might have been hurt, consult with a specialized and experienced personal injury lawyer right away.
A personal injury lawyer legally represents people who have been physically or emotionally injured because of the wrongdoing or negligence of another individual, government agency or business. These cases could include injuries from accidents, medical mistakes or falling accidents among others.
About Personal Injury Law
A personal injury is a legal term denoting injury to the mind, emotions or body instead of injury to property. Personal injury laws, or tort laws, are created to protect individuals who have suffered a personal injury loss. Personal injury laws allow an injured person to receive compensation when someone else’s negligence or intentional act caused their injury.
The following are the most common types of personal injury claims:
Medical malpractice:
This type of claim arises when health care professionals or doctors fail to provide skilled or competent care for a patient thus causing an injury. Often times, injuries arise as a result of medication errors, neglect, improper care, a failure to diagnose or a misdiagnosis. When a ruling has been issued, the injured party usually receives reimbursement for lost wages, pain and suffering, emotional distress and medical bills.
Car accident:
Car accidents are the root of most personal injury cases in America. When a car accident occurs, it is usually due to someone’s negligence. The careless driver who caused a wreck is held responsible for any injuries occurring during said wreck. However, some states have a no-fault exemption where drivers have to collect from insurers unless a serious injury has occurred.
Most car accident cases are resolved via an insurance settlement. However, some vehicle accidents require a personal injury lawsuit to resolve. Most often, these cases reach trail and result in a court awarded settlement. Vehicle accidents could include accidents involving cars, motorcycles, pedestrians, bicycles and more. In many personal injury cases, the passenger can make an easier case than the driver. This is because a passenger does not have to prove liability as they were not behind the wheel. In order to constitute a personal injury claim, the plaintiff must prove liability, meaning the accident was the defendant’s fault, and damages, meaning they were injured.
Defamation:
A defamation case is based on damage done to a person’s reputation as a result of false statements, and they are either classified as libel or slander claims. In order to prove a slander or libel claim, the plaintiff must prove that the false statement made about them led to financial loss or harm. The difference between slander defamation and libel defamation is easy to understand. Libel is a written, spoken or video defamation revealed to a large audience. Slander is a defamation that is a spoken to a small audience of just one or two people. Damages for defamation can include more than just the financial loss experienced. It can also include reimbursement for emotional harm and mental anguish.
Slips and falls:
Accident cases involving falls and slips are another common type of personal injury case. Property owners have a legal duty to keep their premises safe and free of hazards. Because of this requirement, when someone is injured due to a property owner’s negligence, they can file a personal injury claim. These are claims that are filed against individuals and businesses.
Dog bites:
Unfortunately, dog bites are a common occurrence in America. In fact, thousands of insurance claims, and civil lawsuits are filed pertaining to dog bites on a yearly basis. The Centers for Disease Control and Prevention reports over 4.7 million people are bitten by dogs on a yearly basis. However, not every dog bite results in a civil case.
When a civil suit is filed regarding a dog bite, the dog owner is usually held responsible for the injuries caused by their dog. However, the laws vary from state to state regarding the owner’s responsibility. In some states, a dog owner can not be held liable if their dog has never shown aggression or the propensity to bite in the past. However, in other states, a dog owner will be held responsible even if their dog has never shown aggression in the past.
Basic Steps of a Personal Injury Claim
- Claim submission: The first step of a personal injury claim is submitting the claim to an insurance company. For example, if the claim is pertaining to a car accident, the claim must be submitted to any insurance companies involved.
- Provide proof: The next step in a personal injury claim is proving the claim. There must be sufficient proof of negligence regarding the person at fault. Proof is a vital piece of a successful claim because without sufficient proof of negligence, the claim will likely be denied.
- Negotiations: This step is the last step before filing a lawsuit. The negotiation process attempts to prevent a full on lawsuit by seeking a resolution. If an agreement can not be worked out, then the process of filing a lawsuit will begin.
How Can a Personal Injury Lawyer Help Me?
A personal injury lawyer, also referred to as a plaintiff lawyer, evaluates the cases of prospective clients determining the distinct issues rooted within the plaintiff’s case. After this step, they will research the issue and build a case. The ultimate responsibility of a personal injury lawyer is ensuring their client will obtain justice and compensation for their suffering and losses. The lawyer will attempt to reach a settlement out of court. However, if the case goes to trial, a personal injury lawyer will represent their client’s interests during the case.
Why should accident victims hire a personal injury lawyer?
- Knowledge: Unless an accident victim is incredibly knowledgeable on personal injury law, they should hire a personal injury lawyer to represent them. In some cases, victims are unaware of what they are legally entitled to and are sometimes taken advantage of by insurance adjusters when they are unrepresented. There are many personal injury laws, and they vary by state. Not only do personal injury lawyers understand the laws, but they also know how to apply the laws to each case.
- Negotiating fair compensation: Receiving fair compensation for injuries sustained in an accident will often not happen unless a personal injury lawyer represents the victim. Insurance companies frequently profit by under compensating injured persons. They often offer lower compensation amounts to people who are representing themselves in an injury claim. For that reason, victims will receive more compensation when represented by a lawyer.
- Fair representation: Many people attempt to contest a settlement they feel is unfair. A personal injury lawyer will represent the victim in court and dispute a seemingly unfair settlement amount.
What to look for in a personal injury lawyer:
Their success rate:
A client looking for representation should consider a personal injury lawyer’s success rate in past cases. A good personal injury lawyer should always obtain the maximum compensation for their client. Looking at the lawyer’s history in regards to how many cases they tried in court is also valuable information.
Their experience with specific cases:
A potential client should look for a personal injury lawyer who has dealt with the type of case in which they are facing. For example, if the case pertains to compensation for injuries sustained during a car accident, it is best to hire a lawyer who has represented car accident victims with success. Most personal injury lawyers specialize in certain areas, meaning they are experts on how to handle their specific cases. A recent study discovered that a lawyer who is specialized in the specific case being tried would gain 19.5 percent more compensation than a lawyer who is non-specialized.
The extent of their experience:
Clients should inquire about the amount of time an attorney has practiced law. In addition, determining if they have had any additional training since law school is smart. The more education and years of experience a personal injury lawyer has, the better they become at gaining their clients the maximum compensation.
The amount of high-compensation cases they have handled:
If the claim a client is attempting to file will be a million dollar or more claim, they should hire a personal injury lawyer that has high-compensation lawsuit experience. The pressure of working a high-compensation case can be burdensome. For that reason, choosing a lawyer that understands the demands and is capable of withstanding them is wise.
Their ability to communicate:
Above all else, a good personal injury lawyer must make their client feel at ease. After all, people trying to file personal lawsuits have been through a traumatic event already. Therefore, they require an attorney that is easy to communicate with and comforting. The experience of a lawyer is inconsequential if they do not communicate well with their client.
How Much Does a Personal Injury Lawyer Cost?
The vast majority of personal injury lawyers charge their clients a contingency fee. This means the lawyer is only paid if a monetary settlement that favors their client is reached. In other words, if the client does not receive money, the lawyer is not paid. However, if the case is won and a monetary settlement is reached, the client is responsible to pay the attorney and any expenses the lawyer accrued while preparing for the case. Most often, contingency fees are based off a percentage of the awarded money. The percentage set varies from region to region. A lower percentage can be negotiated, but this must be accomplished before the lawyer is hired.
Talk to Our Top Personal Injury Lawyers in Colorado Springs, Pueblo, Castle Rock, and Surrounding Areas
If you’ve been hurt in an accident, you may be entitled to a reward for damages. Don’t go it alone or get bullied around. Get highly-experienced help from a top personal injury lawyer in Colorado Springs at Maceau Law. Call 719-633-2222 to schedule a free 30-minute consultation in-person or over the phone. All information is kept strictly private. We’ll be sure to get you a settlement that’s fair for you. In fact, we don’t get paid unless you do. Call now. We’re here to help you.