Personal Injury Attorneys in Aurora, Colorado

In 2020 in Colorado, there were 333,894 visits to emergency departments due to unintentional injuries, according to the Colorado Department of Public Health and Environment. A visit to the emergency department can be extremely expensive, and for many people, it’s only the first of many visits.   

Follow-up appointments and medication can quickly add up, and no one plans for these expenses. The financial burden of medical bills makes life complicated, and the stress can make it even harder to recover from your injuries. It’s overwhelming to go through this challenging time alone.    

Our team at Gama Law Firm LLC knows how stressful the time after an accident can be. Our firm focuses on personal injury law, so we are very familiar with what to expect from the insurance adjusters and the courts. We dedicate our time to fighting for our clients each step of the way. We are here to help you learn about your legal options and decide what your next step should be.    

Gama Law firm LLC proudly represents clients in Aurora, Colorado, Denver, Parker, Centennial, and Castle Pines. 

Personal Injury Claims in Colorado 

Each state has its own laws for handling personal injury cases. It is vital to know that Colorado is a fault state that follows the comparative negligence rule. 

Fault State 

States are either fault states or no-fault states. Colorado is a fault state, which allows you to pursue financial compensation from the person who was at fault for the accident. That could be a reckless driver, a negligent landlord, or another party responsible for the accident that caused your injuries. 

Comparative Negligence Rule 

Colorado follows the comparative negligence rule when determining financial compensation. According to this rule, if you are less than 50% at fault for the accident, then you may be able to receive compensation for your damages.  

However, the percentage that you were at fault for the accident will be deducted from your compensation. For example, if you are found to be 10% at fault for the accident because of a mistake you made, and you receive $10,000 in compensation, your award will reduce to $9,000. 

Statute of Limitations 

Every case has a deadline, which is known as the statute of limitations. The statute of limitations for personal injury cases in Colorado is two years after the date of the accident. Once two years have passed, you will no longer be able to file a personal injury claim.    

However, there is an exception. If the accident was an auto accident, then you will have three years after the date of the accident before the statute of limitations sets in. 

Filing a Personal Injury Claim 

There are several ways to go about filing a personal injury claim. You may file against your own insurance company, against the at-fault person or party, or you may choose to litigate. 

Against Your Own Insurance 

You may be able to file a claim against your own insurance policy. However, because Colorado is a fault state, you will want to file a claim against the at-fault party’s insurance first.  

If the at-fault individual’s insurance company offers you a settlement that is too low to cover all of your expenses, you may need to file a claim against your own insurance company. It is essential to speak with a knowledgeable personal injury attorney to learn more about your options when it comes to filing against your own insurance company. 

Against the At-Fault Person or Party 

Because Colorado is a fault state, your first step should be to file a claim against the insurance policy of the person or party who caused the accident. Then, their insurance company will inform you of the details of their settlement offer. 

Litigation 

Insurance adjusters are mostly focused on protecting their company’s bottom line – and not on offering you a fair settlement. If the insurance company is offering you a settlement that won’t cover your medical expenses and other bills related to the accident, you may want to consider litigation.    

You may try mediation with the insurance company before bringing the case to court and litigating. But if the insurance company will not offer you a fair settlement, you may need to litigate.    

In litigation, you can hire a personal injury attorney to represent your case in the courtroom. Your attorney will explain the facts of your case, present evidence, and advocate for you to receive the settlement you deserve. 

Damages Available 

Each state has different limits regarding how much an individual can receive in compensation for an accident. Compensation for losses caused by an accident is known as damages.  

In Colorado, you can file a claim for economic damages, which are financial losses that you can easily measure, such as medical expenses and lost income due to missing time at work. You can also claim noneconomic damages, which are more difficult to measure, such as pain and suffering. Speak to an experienced personal injury attorney to learn more