A personal injury is any incident in which one party causes harm to another party through intentional misconduct or negligence. A personal injury claim is a legal mechanism through which the injured party can hold the at-fault party accountable for the harm they have done. To succeed with this type of civil claim, the victim must identify the party who caused their personal injury, prove the full extent of the damages they inflicted, and then prove those damages directly resulted from the negligence or misconduct in question.
A personal injury can arise from many different situations, such as car accidents, illegal activity, or slip and fall accidents on private property. If you or a family member recently experienced a personal injury and you know another party is to blame, it is natural to wonder whether you will need to hire an attorney to hold them accountable. While a Denver, CO, personal injury attorney can make filing your claim much easier and more likely to yield the results you hope to see, there is no law forcing you to hire legal representation. You can pursue a personal injury claim without a lawyer if you wish, but it is important to acknowledge the risks you would face in doing so.
What to Expect if You File a Personal Injury Claim on Your Own
The objective of a personal injury claim is to hold a defendant accountable for the damages they inflicted on the victim. Colorado law allows victims of personal injuries to claim full repayment of any economic damages they suffered; they may also claim pain and suffering compensation to a certain limit.
If you plan to file a personal injury claim on your own, you must start by drafting an injury claim letter that you will submit to the court. This letter must identify all parties you believe to be liable for your damages, provide an explanation of how they caused your personal injury, and provide supporting evidence to show their liability for your damages. Your injury claim letter must also include a complete explanation of all the damages you are seeking from the defendant and provide proof that those damages directly resulted from the injury in question.
The defendant can either accept liability for your claim and agree to settlement negotiations, or they can deny liability and the case will proceed to litigation. If you are handling your case on your own, you must be prepared to negotiate from a position of strength if you are headed to settlement or make a compelling case before a judge if you need to settle the case in court. Ultimately, while it is possible to resolve your personal injury claim on your own, it is always preferable to hire legal counsel you can trust to assist you with your claim.
FAQs
Q: How Long Do I Have to File a Personal Injury Claim?
A: You must file your personal injury claim within the statute of limitations or time limit for filing the case. For most personal injury claims, the statute of limitations is two years from the date the injury occurred. Car accident claims have a three-year statute of limitations. Due to the extensive procedural rules that you must follow and the various legal requirements your case will entail, it is vital to start building your claim as quickly as you can after an injury to have the greatest chance of success with the claim.
Q: Can I File a Personal Injury Claim by Myself?
A: There is no legal requirement to hire an attorney for a personal injury claim. You have the right to attempt your claim without legal counsel, but it is important to acknowledge the risks you could face in doing so. The average person may struggle to understand the court’s procedural rules and may make mistakes in their claim filings. These errors could delay the progress of their claim or even negate their ability to seek compensation. Even if the plaintiff succeeds on their own, they would be unlikely to uncover all the various channels of compensation available to them that an attorney would identify.
Q: How Do I Write an Injury Claim Letter?
A: The first formal step of pursuing a personal injury claim is drafting an injury claim letter to the party you believe to be responsible for your damages. This letter should include a clear explanation of the injury in question, your evidence showing the recipient is liable for the injury, and a breakdown of all the damages you are seeking in compensation. This letter must be filed with the local court, and then the court issues the paperwork necessary to the defendant so they may submit their response.
Q: Will I Win a Larger Settlement if I Hire a Personal Injury Attorney?
A: Hiring experienced legal counsel to assist you with your claim is the most effective option for enhancing your award. The right attorney can make handling your legal proceedings much easier, and they will know how to accurately identify all the various forms of compensation available to you. Hiring legal counsel can speed up the timeline of your case, shortening the time it takes for you to receive compensation; you also will be more likely to get the greatest case award possible.
Q: What Will It Cost to Hire a Personal Injury Attorney?
A: Most of the personal injury attorneys representing clients in Colorado use the contingency fee system to bill their clients. With a contingency fee, the client only pays a percentage of their final case award to their attorney, and only if they win their case. If the attorney is unsuccessful with the claim for any reason, there is no fee for the client. Make sure you fully understand your chosen attorney’s billing policy before signing a contract for their representation.
The Law Firm of Jeremy Rosenthal has many years’ experience in all types of personal injury cases for clients throughout the state. We know that your situation is challenging and uncertain, and you may be tempted to try to handle your case on your own. However, legal counsel that you can trust will significantly improve your experience with your proceedings and will also increase your chances of securing maximum compensation for your damages. Contact us right away to schedule a free consultation with our team and learn how a seasoned personal injury attorney can help with your claim.
