Personal Injury Attorney Denver, CO
If you’ve been injured in an accident or someone else’s reckless or intentional behavior has caused you injury, it’s important to connect with an experienced personal injury attorney Denver, CO residents trust, and to do so as quickly as you can. Oftentimes, the difference between pursuing a rock-solid case and a strong case, or a strong case and a relatively weak case is acting quickly in the wake of an accident. The quicker that the experienced Colorado legal team at Richard J. Banta, P.C. can evaluate and begin working on your case, the quicker we can move to preserve your legal options and protect your rights as an injury victim.
What Does a Personal Injury Lawyer Do?
Personal injury lawyers are civil lawyers, meaning they handle civil matters involving legality. They mostly handle negligence and intentional tort cases. Civil lawyers are usually hired to recover money from one person on the behalf of another. When a civil action lawsuit is brought against another person, a civil lawyer is brought to take the case—typically they’ll have experience in the type of civil law case they’re dealing with.
Personal injury lawyers handle several types of cases that involve negligence—from car accidents, truck, and aviation accidents, to medical malpractice, legal malpractice, negligence in daycares, wrongful death cases and more.
An example of a negligence case that a personal injury attorney may handle is, say you are driving a vehicle—truck, car or otherwise—and you are in an accident because another person on the road was driving recklessly. They are at fault, but you have to prove it. In medical malpractice or negligence cases, negligence happens when a medical professional fails to provide the standard of medical care as required by the hospital they work at. When it comes to product liability cases, the manufacturer is promising their products are safe but their products are not safe—if their product causes harm to consumers when it should not, you would want to hire a personal injury attorney for your case.
Intentional tort is when a person is causing injury intentionally. A car accident is an accident—there’s no intent to harm, only negligence on the part of the driver, who was deemed negligent for whatever reason. However, say a vehicle is rammed into the side of your car by someone you know—intentionally—this is intentional tort. They are intentionally trying to harm you.
Other examples of intentional tort are battery, assault, false imprisonment, trespass to land, trespass to chattels, intentional infliction of emotional distress, among others. To prove intentional tort you must be able to prove general intent—this is, say, the person has the intent to perform the action but they do not wish the consequences. You may also need to prove specific intent, which is performing an act with the wish for the consequences that result from that act.
An example of intentional tort with specific intent is when a defendant swings a baseball bat an a plaintiffs head, hoping to hit them and cause severe injury to the plaintiff. The defendant made contact and left the plaintiff with a traumatic brain injury. This is specific intent to commit battery towards the plaintiff, and grounds for a personal injury lawyer to file a lawsuit, and most likely win.
An example of intentional tort with general intent is when a defendant pulls a chair out from under a plaintiff, as they’re about to sit. The defendant knows the plaintiff will fall and hit the ground, but they are not expecting a serious injury. However, even though they did not intend serious injury, there was an intent to battery because they knew that the plaintiff would hit the ground if the chair was moved.
Injury on the Job or at a Business
Personal injuries could occur at numerous different locations and for different reasons. It is crucial to know that if your injury occurred at a business or at work that these injuries could be due to the negligence of the company or from workers or staff at that location. Businesses and places of work are required to have safety protocols in place to try and keep their workers or customers from getting injuries while on the premises. They are supposed to keep their areas safe and secure and to ensure that people on their property are free from harm. Even though many places do have these protocols set up, it doesn’t mean that they are always effective. Injures can and still do happen.
Common Injuries that Could Qualify for Personal Injury Case
There are quite a few injuries that could qualify for a personal injury case. They may occur at a number of different locations ranging from the workplace to a shopping mall and even to an airport or train station. Always do your best to watch out for possible dangers when you are out in public to avoid an injury. Injuries do happen though, so if you have been injured make sure to first ensure that you are ok. Once you know that you are ok, then it may be time to start the process of holding those accountable who caused your injury. Some of those injuries are as follows:
- Slip & Fall – When you slip and fall on the premises of a business or at work causing you bodily harm.
- Faulty Equipment – Faulty devices or equipment at your job or at a business may have caused you an injury resulting in possible broken bones and other pain.
- Pedestrian Incidents – If you have been injured by someone else in a car, riding a bicycle or motorcycle or other ways while you were a pedestrian on the street.
- Car Accidents – This is a common occurrence of personal injuries due to the negligence of other drivers resulting in an injury to you.
Your personal injury attorney in Denver, CO can fill you in even more on the different cases that could qualify for a personal injury case. Lawyers from The Law Office of Richard J Banta, P.C. have years of experience in helping their clients with personal injury settlements and can help fight for yours as well.
Be Mindful of Posting on Social Media Regarding Your Injury
Many individuals turn to social media to share information about their day and to chat with their friends and family. Some people’s accounts are private, and many others are open to the public. It is very important that you try and avoid any details regarding your personal injury on social media. You may be stating things about your injury that could possibly put your settlement in jeopardy. Posting too many things regarding your injury may hurt you if your case goes to court or could make things very difficult for your personal injury attorney in Denver, CO. Lawyers from The Law Office of Richard J Banta, P.C. recommend that you do not post anything regarding your injury on social media.
Building a Strong Personal Injury Case
If you choose to file legal action against the party or parties who caused your injuries, you’ll work with our firm’s experienced Denver, CO personal injury attorney to prove these fundamental personal injury case elements:
- The party that harmed you owed you a “duty of care” under the law
- That party breached their duty of care to you
- The breach of that duty directly resulted in your injury
Say that you were injured when your car was struck by a vehicle operated by a drunk driver. That drunk driver owed you (and everyone else on the road) a duty to operate their vehicle safely. They breached that duty when they chose to operate their vehicle while they were intoxicated. If their intoxication partially or totally caused the accident that resulted in your injuries, all three fundamental elements of a personal injury case have been met in this scenario.
Personal injury law covers accidents and injuries of all kinds, provided that these criteria are met. Examples of personal injury case types that our firm has represented include:
- Auto Accidents
- Birth Injuries
- Defective Product Claim
- Dog Bites
- Premises Liability Cases
- Wrongful Death
Additionally, our firm handles just about every type of negligence case you can imagine, from brain injuries sustained while kids are playing sports to slip and fall claims in shopping centers – if you’ve been injured due to someone else’s negligence, recklessness, or intentional behavior, we can help.
Legal Assistance Is Available
If you haven’t yet scheduled a case evaluation with our firm, please do so now. An initial consultation is a confidential, risk-free place to ask questions, clarify your options, and place yourself in a position to make informed decisions about your legal situation. We will always be straightforward with you when it comes to assessing the potential strengths, weaknesses, and overall compensation “value” of your case so that you can make the best decisions for you and your family. If you choose to pursue legal action and/or allow us to negotiate with insurance carriers on your behalf, we will treat your case with the focus, care, and determination that you deserve from your legal representation. Please schedule a free case evaluation with our firm’s Denver, CO personal injury attorney today; we look forward to speaking with you.
Getting hurt in an accident can leave you in a state of shock. However, try not to let your emotions cloud your judgment and jeopardize your claim. Here are some common mistakes you should avoid making in your case.
- Failing to Get Immediate Medical Care: Even if you don’t feel that bad after an accident, you should still get evaluated by a doctor right away. Some injuries, like whiplash, don’t always show symptoms right away. If you wait too long to seek treatment, your injury could get worse. Additionally, if the defendant’s insurance company finds out that you delayed medical care, they may argue that you aren’t as injured as you claim to be.
- Ignoring Your Doctor’s Advice: After your doctor evaluates your injuries, he or she will recommend the appropriate treatment plan. Whether your doctor suggests physical therapy or bed rest, it’s important to follow his or her advice. If you don’t, you could put your health in jeopardy and give the insurance company a reason to deny your claim.
- Waiting Too Long to File a Claim: In the state of Colorado, you have two years from the date of your injury to file a personal injury claim. Once that deadline has passed, you will no longer be eligible to receive compensation. That’s why you should discuss your case with a personal injury attorney in Denver, CO as soon as possible.
- Not Being Careful About What You Post on Social Media: When you’re in the middle of a personal injury lawsuit, you have to be especially cautious about what you post on your social media profiles. The defendant’s insurance company may browse your social media accounts to find information to use against you. For example, if you’re claiming that you sustained a back injury from a car accident and post photos of yourself at a party, it could jeopardize your case.
- Accepting the Insurance Company’s First Settlement Offer: When the defendant’s insurance company contacts you and offers you a settlement fairly quickly, it’s tempting to accept it. Your medical bills are piling up and you just want to put everything behind you. However, the insurance company’s first offer is rarely a favorable one. Be patient and allow your personal injury attorney in Denver, CO negotiate a better settlement.
- Failing to Hire an Experienced Lawyer: Personal injury lawsuits are very complex, so you don’t want to handle your case on your own. It’s important to enlist the help of a skilled personal injury attorney in Denver, CO as soon as possible. He or she can help you gather evidence, communicate with the insurance company, and improve your chances of getting a fair settlement.
Qualities to Look for in a Personal Injury Attorney
If you were injured in an accident caused by another person’s negligence, it’s critical to hire a personal injury attorney Denver, CO residents trust. However, with so many lawyers out there, it can be tricky to find the right one. Here are some qualities you should look for:
- Experience with Your Type of Case: From car accident lawyers to slip and fall accidents lawyers, there are many types of personal injury lawyers out there. It’s important to hire one who has extensive experience with your type of case. For example, if another driver crashed into your vehicle, you should work with a car accident lawyer. He or she will know how to properly fill out a car accident claim and improve your chance of getting a fair settlement.
- Available: A personal injury attorney could be one of the most skilled and talented legal professionals in your area. However, if he or she doesn’t have time to give your case the attention it deserves, it’s time to find a different attorney. Your attorney should return your messages within 24 hours and never be short with you.
- Compassionate: Suffering an injury due to someone else’s carelessness can be a very traumatic experience. In addition to physical pain, you may have emotional scars. That’s why it’s important to find a personal injury attorney in Denver, CO who is compassionate. He or she should understand that you’re going through a tough time and offer words of encouragement. Your attorney should frequently check up on you and ask you how you are doing.
- Passionate: Some personal injury attorneys genuinely have a passion for helping their clients while others just seem to go through the motions. It’s essential to find an attorney who seems interested in your case and helping you with the best settlement possible. If he or she doesn’t ask you many questions about your case or just doesn’t seem interested, you should talk to someone else.
- Assertive: In order to get a fair settlement, your personal injury attorney in Denver, CO will have to spend considerable time negotiating with the negligent party’s insurance company. These companies care about the bottom like and may not give in so easily. That’s why your attorney should have an assertive personality. He or she shouldn’t be intimidated to speak to insurers or allow them to take advantage of you.
To learn more about how we can help you, please call today.