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A severe injury can drastically change every aspect of your life and well-being, resulting in expensive medical bills, lost wages, and permanent physical and emotional damage. When these injuries are caused by the negligent actions of another person, Colorado law allows a legal remedy for the injured person to recover compensation in the form of a personal injury lawsuit. If you or a loved one has been seriously injured in a preventable incident in Denver, Colorado, the personal injury attorneys at Fuicelli & Lee can help. Call (303) 355-7202 today for a free and confidential case evaluation.
Why Choose Our Denver Personal Injury Lawyers?
The law firm you choose can make a significant difference in the outcome of your case. Not every law firm is capable of handling complex and severe injury cases and not all law firms are interested in putting in the work that is necessary to maximize value for their clients. At Fuicelli & Lee, clients choose us for a number of reasons, including:
- Experience: In the legal sphere, there is no substitute for experience. Our attorneys have significant experience in all areas of personal injury law and inside the courtroom.
- Results: Our personal injury attorneys have won millions of dollars for our clients.
- Reviews: There is no greater honor than that of being recommended by those that we help. Our firm has a strong reputation for excellence and great reviews. In fact, we routinely receive referrals from former clients.
- No Legal Fees Unless We Win: We handle all cases on a contingency fee basis, meaning there are no fees until we win compensation for our clients.
- Communication: We will walk you through every aspect of your injury lawsuit and communicate with you as much as possible as well as give timely updates.
- Ofrecemos Ayuda en Español
Fuicelli & Lee solely focuses on representing injured victims across Colorado. Our personal injury law firm limits our caseload to ensure every client receives our undivided attention. We charge no fees unless we win, are available to take your call at any time, and offer free case evaluations if you are unsure if you have a case or not.
Frequently Asked Questions (FAQ)
- What Are the Benefits of Hiring a Personal Injury Lawyer?
- What Are the Elements of a Personal Injury Case?
- What Are the Time Limits in a Colorado Personal Injury Case?
- What Is My Personal Injury Case Worth?
- How Long Will My Case Take?
- What Are the Stages of a Personal Injury Lawsuit?
Types of Injury Cases We Handle
Our team of skilled Denver personal injury attorneys is committed to fighting for justice and compensation for people like you who have been seriously hurt because of someone else’s negligence. We also fight diligently for those who have lost a loved one because of another’s reckless or careless actions.
With a proud history of successful verdicts and settlements under our belt, Fuicelli & Lee handles a variety of personal injury claims, including:
- Car accidents
- Truck accidents
- Motorcycle accidents
- Pedestrian accidents
- Bicycle accidents
- Railway accidents
- Aviation accidents
- Premises liability
- Elevator/escalator injuries
- Dog bites/animal attacks
- Construction accidents
- Defective products
- Wrongful death
What Are the Benefits of Hiring a Denver Personal Injury Lawyer?
If you or somebody you love has been injured due to the careless, negligent, or intentional actions of another individual or entity in Denver, you may be entitled to various types of compensation for your losses. However, securing these benefits is not usually easy. At-fault parties and their insurance carriers or legal teams will put up a fight against having to pay out any settlements. Most injury victims do not have the legal expertise or resources necessary to conduct a complete investigation to secure maximum compensation for their claim. Some of the main benefits of hiring a skilled Denver personal injury lawyer include the following:
- An attorney knows how much your claim is worth. A skilled personal injury lawyer will have experience handling cases just like yours. They will also have a network of financial and medical experts they can use to evaluate your case and help determine the total damages that you should be receiving for your claim.
- An attorney understands the legal process. The truth of the matter is that securing compensation in a personal injury lawsuit can involve highly technical legal processes. It is important to have an attorney who knows which legal documents to file, how to properly fill out legal forms, and who understands the applicable statute of limitations for your case.
- An attorney will improve your odds. Going up against insurance carriers is never easy, and doing so without a lawyer shows the other side that you may be unprepared. When you have a skilled Denver personal injury lawyer by your side, the insurance carrier and at-fault party will know that you are in this to win. The last thing that an insurance carrier wants you to do is to obtain a lawyer to help with your case, which is exactly why this should be your first step.
- Your attorney will be motivated to help you. Most Denver personal injury lawyers take cases on a contingency fee basis, which means they will not get paid for their services unless they secure the compensation you are entitled to. This motivates your attorney to win your case so that they can also get paid for their legal fees and expenses.
- Your attorney will be ready to take the case to trial. While most personal injury cases are settled out of court, our attorneys prepare each and every case as if it will go to trial. We invest our time, effort and resources into all of our cases so that we know every single detail involved. Building strong cases in this manner often leads to better initial settlement offers, because the opposition knows that we are ready and willing to take them to trial.
If you or a loved one has been injured due to the actions of another individual or entity, your focus needs to be on recovering from the injuries and spending time with your family. Having a skilled Denver personal injury attorney by your side means that you will have peace of mind as you are working towards obtaining compensation for your losses.
Elements of a Personal Injury Claim
Four elements must be established in any personal injury claim:
- Duty: An injured person must prove that the person whose actions caused their injury owed them a duty of care. Every person in society has a duty to act in a way that does not cause harm to others who they can reasonably foresee will be injured by their actions. This duty requires people to put some thought into how their actions can directly affect others. The duty of care varies depending on the circumstances and the state’s laws. While some duties are explicitly codified by law, others are based on common sense considerations of what a person ought to know will cause harm to others. The duty of a person with a particular skill will differ from that of an ordinary person in similar circumstances. For example, a doctor has a duty to act as any other reasonable doctor with similar training and expertise would have. In treating a patient, a doctor’s duty to a patient may be different from the nurse’s duty to the same patient.
- Breach: The person who owed a duty of care to the injured person must have breached their duty of care. Acting in a careless or reckless manner without considering the harm that could be caused to others is a breach of the duty of care owed. Examples include:
- driving carelessly or recklessly, putting other road users at risk of harm;
- leaving hazards on your property, putting visitors to the property at risk of injury; and manufacturing substandard products, risking consumer’s lives and property.
- Causation: The breach of duty must have caused harm. To prove negligence, the breach must be the proximate cause of the victim’s injuries. For example, a patient may suffer injury following a medical procedure. While the direct cause of the injury may be the medical procedure, the proximate cause may be a defective product used in the procedure. A full investigation of the case will reveal whether the patient’s injury was caused by substandard medical care, or by a defectively manufactured product. A thorough investigation may also uncover intervening events that point to other parties whose actions caused the victim’s injuries.
- Damages: Finally, the person making a claim based on negligence must show that they suffered actual damages. Damages include the economic and non-economic losses suffered as a result of the injury. Proving the elements of a personal injury claim can be difficult and requires diligence and experience. A claimant must prove all four elements to successfully make a claim based on negligence. Failure to prove all four elements can result in the wrongdoer escaping liability for their actions. Our Denver personal injury lawyers have a proven history of success in personal injury claims. We know how to build a strong case and help you obtain the maximum compensation for your injuries.
Time Limits in a Colorado Personal Injury Case
One of the pillars of our legal system is the guarantee of a fair trial to any person accused of wrongdoing. Fairness is a concern in both criminal and civil cases. One of the ways the legal system institutes a fair trial is to limit the time within which an action can be taken against a wrongdoer in some cases. Time limits for taking action, also known as statutes of limitations, vary by state and can depend on the cause of action.
Under Colorado state’s General Limitation of Actions – Two Years law CO Rev Stat §13-80-102, the time limit for instituting a civil claim is generally two years after the event that caused a victim’s injury or death.
For claims associated with motor vehicle accidents Colorado state’s General Limitations of Actions – Three Years law CO Rev Stat §13-80-101 allows a claim to be made within three years after the accident.
Generally, government bodies are protected from liability for actions based on wrongdoing. The reason for this is to limit the financial burden that the public would bear if the government were open to unlimited claims of wrongdoing. Another reason is that government employees would be discouraged from performing their duties to the public if they were afraid of incurring liability for their actions. Government immunity from civil action is waived under certain circumstances, such as in injuries that result from:
- Vehicle accidents involving public vehicles like mass transit buses. This waiver does not extend to emergency vehicles responding to an emergency.
- Treatment received in a public hospital.
- Dangerous conditions of any public building.
- The operation and maintenance of public facilities like water, gas, sanitation, and power facilities.
Taking action against a public entity can be a very complicated process and requires very quick action. Colorado’s Governmental Immunity Act requires an injured person to send the responsible public entity a notice of their claim within 182 days (6 months) of discovering their injury. The law recognizes that it may take some time to determine all the elements of their claim. For this reason, the notice of injury does not require a complete statement of the cause of action or legal theory on which the claim is based. A failure to give notice as required may bar an injured person from proceeding with their claim and getting compensation for their injury.
What Is My Colorado Personal Injury Case Worth?
The answer to this question is, unfortunately, it depends on the details of your situation. How severe are your injuries? How extensive will your medical treatment and rehabilitation be? How much will it impact your ability to work and earn income? Who is legally responsible? How much insurance coverage is available? Accurately valuing a personal injury claim is incredibly complicated and requires the knowledge and skill of an experienced Denver injury attorney.
In general terms, a personal claim can help injured persons recover financial compensation damages that they have incurred. In Colorado, you may seek:
- Economic damages: This can include money you spent or lost because of your injury. This can include bills for medical treatment and rehabilitation, lost wages and reduced future earning capacity, and property damage.
- Non-economic damages: These damages can include pain and suffering, loss of enjoyment of life and loss of companionship.
- Permanent impairment and disfigurement: These damages are awarded for medical conditions that no amount of care will ever fix.
Especially in the case of catastrophic injury that results in disability, your attorney’s number one job is to secure a settlement or verdict that adequately compensates you for the injuries you sustained. Injured victims only get one chance at a financial recovery, so understanding how you will be affected for the rest of your life and how much financial security you will need is essential.
Rehabilitation After a Serious Injury
In addition to the immediate medical attention you need after an accident, you may need ongoing rehabilitation to recover from your accident. Some of the many types of therapies and rehabilitation include:
- Occupational therapy
- Neurological rehabilitation
- Orthopedic rehabilitation
- Auto injury rehabilitation
- Aquatic therapy
- Physical therapy
- Surgery and post-op rehabilitation
- Brain-trauma rehabilitation
Rehabilitation can be very expensive. Our Denver injury attorneys understand how to accurately determine the value of your claim, including compensation for your current medical costs as well as expenses that will impact you in the future.
How Long Will My Case Take?
The duration of your case will depend on many different factors. Some of the factors that can affect how long your case takes include:
- The severity of your injury
- The number of parties responsible for your injury
- The willingness of the parties responsible for your injury to accept responsibility and deal fairly with your case
- Delay tactics employed by the insurance company
Although a personal injury attorney cannot give you a definitive answer as to how long your case will take, they may be able to give you an estimate based on these factors. At Fuicelli & Lee, our attorneys understand how frustrating it is to be left in the dark about your case. We provide relevant and timely updates, so you are always aware of the status of your claim. We carefully explain timeframes, the likelihood of litigation, and what will be involved if you choose to go a certain route.
Stages of a Personal Injury Lawsuit
The stages of a personal injury lawsuit are determined by each state’s civil procedure rules, which provide for how to commence civil actions such as a personal injury lawsuit. It is not unusual for a personal injury lawsuit to last for over a year.
Generally, the stages of a lawsuit are as follows:
- The very first step in any personal injury lawsuit is a consultation with an attorney to determine the merits of your case.
- If there is a legitimate personal injury claim, the victim hires an attorney who will file a personal injury complaint in the courts and deliver it to the defendant(s) in the claim.
- The defendant(s) then retain an attorney who will represent them in court and respond to the complaint filed in court.
- After the defendant’s attorneys have received notice of the claim and entered an appearance in court, the case enters the pre-trial and discovery phase. During this phase, both sides will request information from each other and begin to gather witness testimonies under oath. This case can take a very long time, up to a year, as either party can approach the courts to deny the other party’s request for certain documents and information as their investigations continue. During the pre-trial phase, there may also be mandatory settlement conferences between the parties to encourage an out-of-court settlement. If these are successful, then the case is settled and there is no need to proceed to trial.
- If the parties are unable to reach an agreeable settlement, the next phase is the trial phase. During trial, the case is presented to a judge and jury who will make a final determination on the case based on the evidence presented.
Every stage of this process requires the technical knowledge of an attorney who is knowledgeable about personal injury law and civil procedure rules. An action may fail for want of diligent prosecution by the claimant – failure to appear before or respond to the court at the appointed times. In this highly technical area of law, you should be represented by an attorney who has a good track record of representing other clients in personal injury lawsuits.
Contact Our Experienced Denver Personal Injury Attorneys
If you’ve been injured, you don’t have to go through it alone. The experienced Denver personal injury lawyers at Fuicelli & Lee are ready to listen to your story and fight for justice on your behalf. Contact us today online or at (303) 355-7202 for a free initial consultation. We proudly serve the Denver, Longmont areas of Colorado’s Front Range.