Catastrophic Injury Lawyer Northglenn, CO | Law Office of James Colgan, LLC

Denver Catastrophic Injury Attorney

After an accident, some victims suffer injuries that result in long-term or permanent disabilities. Care for victims of catastrophic injuries like these requires a significant investment of time and money, especially for the victim’s family. An experienced personal injury attorney will advocate for you to get the help you and your loved ones need.

Types of Catastrophic Injury

Catastrophic injuries include traumatic brain injury, partial or full limb amputation, severe burns, and any injury that results in serious bodily harm. Recovery from catastrophic injuries is lengthy and stressful. In some cases, the victim is permanently disabled and never fully recovers.

Statute of Limitations

The Colorado statute of limitations on catastrophic injuries is based on the type of accident that causes the injury. Do not delay filing the personal injury claim, as this can affect your compensation and treatment options.

Proof of Negligence is Required

Personal injuries that qualify as a catastrophic injury are usually the result of motor vehicle accidents, violent crimes, fires, defective products, and medical malpractice. To receive compensation for a catastrophic injury, you must show that the person who caused the injury—the plaintiff—committed negligence.

Four elements are required to establish negligence. The plaintiff must have had a legal obligation to protect you, otherwise known as duty of care, from unreasonable harm. If they fail to protect you, they have breached their duty to you. If you are injured as a result of that failure to protect, you must show that the failure caused the injury.

A personal injury attorney who specializes in catastrophic injury cases will determine whether or not you can prove all four elements of negligence. If those elements are provable, your personal injury suit for catastrophic injury is more likely to result in a settlement in your favor. The Law Offices of James Colgan have the expertise and knowledge you need for your catastrophic injury case.

Compensation

There are two types of compensation for catastrophic injuries. Economic compensation covers your expenses and other financial losses. Medical expenses include hospitalization, doctor visits and treatments, non-physician treatments, physical therapy, and any costs related to your physical recovery. If you are unable to work or lose your employment during your recovery, lost wages and lost earning capacity are also covered.

Non-economic compensation applies a financial cost to your other losses, including pain and suffering, loss of quality of life, emotional distress, and loss of companionship for yourself or your partner. These non-economic damages are harder to prove, but a personal injury attorney with experience in catastrophic injury cases will increase the likelihood that you will get the settlement you deserve.

Punitive damages are awarded only in cases where the breach of duty was willful or reckless. In Colorado, the plaintiff cannot request punitive damages. The court will determine, based on the facts in evidence, whether or not punitive damages are appropriate for your case.

Colorado courts rarely award punitive damages, but when they do, the punitive damages are capped. The maximum amount of punitive damages awarded will often be equal to the amount of damages awarded. However, it can also amount to less.

Contact the Law Offices of James Colgan to speak with a personal injury lawyer who can help you navigate your catastrophic injury case.

Frequently Asked Questions

How can a traumatic brain injury affect a person's life?

A traumatic brain injury (TBI) can significantly impact a person's life, leading to long-term or permanent disabilities. Effects may include cognitive impairments, emotional and behavioral changes, physical disabilities, and difficulty performing daily activities. TBIs often require extensive medical treatment, rehabilitation, and continuous care, posing financial and emotional burdens on the individual and their family. Legal assistance can help victims secure compensation for medical expenses, lost wages, and other damages.

What services does a catastrophic injury attorney provide in Northglenn, Colorado?

A catastrophic injury attorney in Northglenn, Colorado, provides services such as legal representation for victims of severe injuries resulting from accidents. They help clients navigate the legal system, gather necessary evidence, and prove negligence to secure compensation. Their services include negotiating with insurance companies, representing clients in court, and ensuring victims receive fair compensation for medical expenses, lost wages, and pain and suffering.

What is the statute of limitations for filing a catastrophic injury claim in Colorado?

In Colorado, the statute of limitations for filing a catastrophic injury claim varies depending on the type of accident. Generally, for most personal injury claims, including those resulting from motor vehicle accidents, the statute of limitations is three years from the date of the accident. For other types of personal injuries, such as those resulting from defective products or medical malpractice, the statute of limitations is typically two years. It is crucial to file your claim within this timeframe to ensure you are eligible for compensation.

How do I prove negligence in a catastrophic injury case?

To prove negligence in a catastrophic injury case, you must establish four elements: duty of care, breach of duty, causation, and damages. First, show that the defendant owed you a legal duty to act with care. Next, demonstrate that the defendant breached this duty by acting in a manner that a reasonably prudent person would not. Then, prove that the breach directly caused your injury, typically through medical records and expert testimony. Finally, provide evidence of the actual damages suffered, such as medical bills and lost wages. Our experienced attorneys at the Law Office of James Colgan can guide you through this process. Contact us for more comprehensive detail of your case.

Additional Information in Northglenn, Colorado

Colorado Department of Transportation - Safety: Provides data and reports on traffic safety, initiatives to prevent crashes, and resources for safety campaigns. It includes information on impaired and distracted driving, seat belts, and motorcycle safety, among other topics. The page also details grants available for programs aimed at reducing traffic-related deaths and injuries. This information is crucial for understanding the causes of catastrophic injuries and implementing measures to improve road safety and prevent future accidents.

Centers for Disease Control and Prevention - Traumatic Brain Injury & Concussion: Comprehensive data and research on the prevalence, causes, and effects of TBIs. It highlights the major causes of TBIs, such as falls, motor vehicle crashes, and firearm-related injuries, and details the significant health impacts, including potential long-term disabilities. The page also discusses the higher risk of TBIs in specific populations like older adults and military personnel. This information helps build a strong case by providing evidence of the severe impact of TBIs and the necessity for appropriate medical and legal responses.

Brain Injury Association of America - Brain Injury Treatment: Detailed information on the continuum of care required for brain injury survivors. It covers both acute treatment, which occurs immediately after the injury in a hospital, and post-acute care for long-term recovery. The page emphasizes the importance of an interdisciplinary treatment team and the individualized nature of brain injury recovery. This information helps understand the necessary medical treatments and support systems, which is crucial for building a comprehensive case in traumatic brain injury litigation.