Accidents happen every day, and fortunately, many of them only result in bumps, bruises, and a few scratches. Under more serious circumstances, though, someone else’s reckless or careless actions could result in serious physical harm, as well as significant financial and personal losses.
If you were involved in an accident that you believe someone else caused, you may want to talk to a Fort Carson personal injury lawyer about taking legal action. With assistance from a knowledgeable and dedicated attorney, you may be able to recover compensation for all of your losses and injuries stemming from your incident.
The first thing anyone should know about filing a civil lawsuit in Fort Carson is that there is a limited amount of time after an accident in which a claimant may file such an action. According to Colorado Revised Statute §13-80-102, a claimant seeking restitution through a civil claim must file within two years of when their injury occurred. An exception to this deadline is in C.R.S. §13-80-101, which allows three years for personal injury claims based on motor vehicle accidents.
Regardless of the applicable statute of limitations, many of these cases center around the concept of negligence. In legal terms, a person or entity may be negligent if, by acting in a way contrary to the duty of reasonable care they owed someone else, they cause an accident that results directly in compensable harm to another person.
Depending on the situation, different standards of care may apply to a civil case. For instance, while all motorists on public roads have the legal obligation to drive as safely as reasonably possible, a doctor performing surgery may be held to a much higher standard of care. A Fort Carson attorney could clarify for an individual plaintiff how they could establish negligence in their particular personal injury case.
Assuming a civil plaintiff can prove another party liable for their injuries, the damage award they can then pursue may encompass both economic and non-economic losses. Economic damages typically include all expenses that can be quantified with a paper trail, such as medical bills, vehicle repair costs, lost wages, and loss of future income potential. Alternatively, non-economic damages like pain and suffering, loss of consortium, and loss of enjoyment of life do not have an objective value. Fortunately, one of our qualified civil claims lawyers in Fort Carson could evaluate a case and determine how much in non-economic and economic damages a person may be entitled to receive.
While various losses may be recoverable, plaintiffs need to be aware that any fault they bear for their own injuries may be held against them in court. As per C.R.S. §13-21-111, a court may reduce a plaintiff’s recoverable compensation by the percentage of fault they bear, or prevent them from recovering completely if that percentage is equal to or greater than 50 percent.
Engaging in civil litigation can be an intimidating prospect for those unaccustomed to legal proceedings, especially if you are recovering from a serious injury at the same time. Fortunately, skilled legal counsel is available to guide you through every step of your case and help you pursue a beneficial outcome.
After a severe accident, retaining a Fort Carson personal injury lawyer could be one of the most beneficial decisions you make. Call today to schedule a consultation and start working on your claim.