Being injured is a scary experience, regardless of how the injury occurs or who you think may be at fault. When injuries are serious, you may require intensive medical care, surgeries, and other expensive treatments. What's more, your injuries may leave you disabled and unable to work, or even limit your ability to enjoy your life as normal.
When this is the case, financial and emotional stressors may start to sink in, and recovering compensation for your losses might seem like a must. Depending upon the circumstances of your case, you may have a personal injury claim. Here are four questions to ask yourself to determine whether or not you should file a claim against another party to recoup damages for your losses.
1. Was Someone Else at Fault for Your Injuries?
In order to file a personal injury suit against another party and seek economic and non-economic damages, you must be able to prove that your injury and your losses would not have occurred but for the actions of another party. This means that if your own negligence caused your accident, you probably don't have a case.
2. Did Someone Else See Your Accident Happen?
In order to pursue a successful personal injury claim, you will need to produce evidence that speaks to how your accident occurred and who is to blame. Unfortunately, your opinion and testimony alone will probably not be enough to win your case. One type of evidence that is monumental, however, is a statement from an eyewitness. If someone else saw your accident happen and can speak to how it occurred, you may have a stronger personal injury claim.
3. Are Your Damages Serious?
Filing a personal injury claim is a big undertaking in terms of the time and emotional energy that pursuing a successful claim takes. Which is why it is important to weigh the costs of filing a claim against the potential value of damages that you can recover.
When you are filing a personal injury claim, you may seek damages for the full extent of your economic (medical bills, lost wages, property damage) and non-economic (pain, suffering, loss of quality of life) losses. If these damages total thousands of dollars or more, pursuing a claim for damages may be a no-brainer. On the other hand, if you've only lost a few hundred dollars' worth of damages, the claim may not be worth it, especially after you account for your lawyer's fees.
4. How Much Time Has Passed?
Finally, even if you can prove that another person's fault caused your injury, have eyewitness testimony to back up your claim (or other valuable evidence), and have suffered serious damages, if too much time has passed, you are barred from filing a personal injury claim. The statute of limitations for personal injury claims in Colorado is two years from the date of injury; if more than two years have passed, a court will likely not agree to hear your case.
Call the Office of Anderson Hemmat Today
If you have suffered a serious injury and have questions about whether or not you have a case, call the office of Anderson Hemmat today for a FREE consultation with our Colorado personal injury lawyer. Reach us at (303) 782-9999 or send us a message directly.