Personal injuries happen in Boulder and throughout Colorado in many ways, and the victims of these injuries are usually able to fully recover. However, this is not true for every personal injury case, and it is possible for a plaintiff to suffer extreme harm that causes permanent disabilities and medical conditions. When a personal injury causes permanent damage, this is known as a catastrophic injury. The victim faces not only physical pain and discomfort but also a wide range of economic effects, some of which can impose long-term complications on their family.
Experienced Legal Counsel for Boulder, CO, Catastrophic Injury Claims
If you or a loved one recently suffered a serious personal injury that caused any level of permanent harm, this can form the foundation for a catastrophic injury claim. To secure the compensation you legally deserve for this type of injury, you will need legal counsel you can trust to help you build your case and secure full compensation for the damages you suffered. The Law Firm of Jeremy Rosenthal is ready to assist you with your catastrophic injury claim, and the sooner you reach out to our firm, the more time we have to develop a compelling civil case on your behalf.
How to Prove Fault for a Catastrophic Injury in Boulder
The first step in success with any personal injury claim is proving the exact cause of the injury. Most personal injuries reported in Boulder are the result of negligence, or failure to use reasonable care and caution in specific situations. Motor vehicle accidents, slips and falls, and medical malpractice are a few examples of how negligence could potentially cause catastrophic personal injuries. When it comes to medical malpractice claims, there are special rules that apply to these cases that are not applicable to most other personal injury claims.
Some catastrophic injuries are the results of illegal misconduct, such as driving under the influence (DUI) of drugs and alcohol or intentional violence. In these situations, defendants not only face civil liability for the damages they inflicted but also criminal prosecution. A good attorney can help their client understand how the illegal nature of a defendant’s actions could impact their recovery efforts.
Your Boulder catastrophic injury attorney can assist you in gathering whatever evidence and witness testimony you may need to accurately prove liability for the damages you suffered. You must identify the defendant or defendants responsible for the injury and then prove that your claimed damages directly resulted from their negligence or misconduct. Once you have proven liability, the next step of your case will be proving the full extent of the damages you suffered.
Claimable Damages in a Catastrophic Injury Claim in Boulder
The objective of your personal injury claim in Boulder, CO is to hold the defendant accountable for their actions and for you to recover appropriate compensation for the losses they inflicted. Depending on how your catastrophic injury occurred, you could potentially claim economic and non-economic damages, and if the defendant caused your injury through any illegal misconduct, they may owe punitive damages as well.
Calculating economic damages is generally straightforward. These are the direct financial effects of a personal injury and are usually proven with the appropriate documentation. Your claimable economic losses may include the following:
- Medical treatment costs. A catastrophic injury may require not only intensive immediate treatment but also ongoing rehabilitative care. Your Boulder catastrophic injury attorney will work closely with your doctor to ensure the defendant is held appropriately accountable for the extent of medical care you need to recover as much as possible from your injury.
- Lost income. When you are unable to work because of the injury you suffered, the defendant is liable for your lost earnings. This includes paid time off you need to use after your catastrophic injury; you can also claim compensation for lost future income. If you are left unable to work and earn income because of your injury, the defendant is liable for the future income you are no longer able to earn. Your Boulder catastrophic injury attorney can help you accurately calculate the future earnings you lost because of the defendant’s actions and add this to your claim.
- Property damage. If the defendant not only caused your injury but also damaged or destroyed your personal property, they are liable for these losses as well. It’s possible to recover damage to your home, your vehicle, and other personal belongings depending on how the defendant caused your injury.
Once you have an experienced attorney working on your case, you may learn that you can claim much more in economic damages than you initially expected. However, your recovery does not end here because you can also claim compensation for the pain and suffering you experienced.
Many catastrophic injuries are not only extremely physically painful but also psychologically damaging. Victims of these injuries often experience depression and distress due to loss of earning power, loss of the ability to live independently, and the stress of the various medical issues they face. Unfortunately, Colorado law limits pain and suffering compensation in personal injury cases, even when a plaintiff has suffered life-changing harm. Your Boulder catastrophic injury attorney can help you secure as much as possible to reflect the severity of the harm you suffered.
Punitive damages could factor into your recovery if the defendant caused your catastrophic injury through some illegal misconduct. Ultimately, every case is unique, and every plaintiff will face different challenges and different opportunities to recover. When you choose the Law Firm of Jeremy Rosenthal as your legal representative, our goal is to help you recover as fully as possible in the shortest time possible. We generally seek to settle our clients’ claims swiftly, but if litigation is necessary to resolve your case, you can count on our team to represent you through your courtroom proceedings.
Catastrophic Injury Lawyer FAQs
Q: What Qualifies as a Catastrophic Injury?
A: A personal injury in Boulder qualifies as catastrophic if it causes any measure of permanent harm to the victim. Brain injuries, spinal cord injuries, and any other injury that imposes permanent medical complications and/or significant disfigurement to the victim can qualify as a catastrophic injury. If you are unsure whether your injury qualifies as catastrophic, it is important to consult an experienced attorney as quickly as possible.
Q: How Long Do I Have to File a Catastrophic Personal Injury Claim?
A: There is a two-year statute of limitations that applies to most personal injury claims. This means the plaintiff must file their claim within two years of the date of their injury; otherwise, they lose the chance to claim compensation from the defendant. This statute of limitations extends to three years for car accident claims, but it shortens to 180 days if the plaintiff must file a claim against any government entity.
Q: How Much Can I Claim in Pain and Suffering Compensation for a Catastrophic Injury?
A: Colorado law, unfortunately, limits how much a personal injury plaintiff can recover in pain and suffering compensation. The standard limit is $250,000, but if there is clear and convincing evidence that the defendant is liable for the injury, the limit increases to $500,000. This limit applies even if the plaintiff suffered a serious life-changing injury causing permanent disability. Your attorney can help you prove the severity of your experience to hopefully maximize your pain and suffering compensation.
Q: Will I Win a Larger Settlement if I Hire an Attorney?
A: An experienced Boulder catastrophic injury attorney is the most effective asset you have when it comes to enhancing your total case award. Your attorney can help you accurately calculate the extent of the damages you can claim from the defendant, including your claimable future damages. It is technically possible to win a personal injury case without legal counsel, but it would be much more challenging than the average person expects, and they would be unlikely to secure as much compensation as an attorney could potentially obtain on their behalf.
Q: How Much Are Attorneys’ Fees for a Catastrophic Injury Claim?
A: The Law Firm of Jeremy Rosenthal aims to make legal counsel as accessible and affordable as possible for personal injury clients, so we take these cases on a contingency fee basis. Instead of paying expensive upfront or hourly attorneys’ fees, you pay a percentage of your final award as our fee. However, you are only required to pay this fee if we win your case. If our team is unable to secure compensation for your damages for any reason, you owe nothing in legal fees, so there is no financial risk to choosing our firm as your legal advocate.
A catastrophic injury is life-changing, and the compensation you secure from a successful claim could help you adjust to your new circumstances more easily and provide financial peace of mind to your family. The Law Firm of Jeremy Rosenthal has the professional resources and experience you want on your side for this difficult type of case, and the sooner you reach out to our firm, the sooner we can start assisting with your recovery. Contact us today and schedule your free consultation with a Boulder catastrophic injury lawyer.