When it comes to personal injury, not all circumstances necessarily lead to a case that an attorney should handle. The best first step in trying to determine whether your particular situation may actually constitute a personal injury lawsuit is to consult with a personal injury attorney. A lawyer can look at the particulars of your case according to Colorado state law and help you examine your options.
If you think you may have the basis for filing a personal injury lawsuit, here are a few factors to consider. After you have looked over these elements and you believe your case may fit the bill, you should schedule a consultation with an attorney to get further information.
1. Your injuries resulted from someone else's negligence
Negligence on the part of someone else is one of the primary reasons that people file personal injury lawsuits. Negligence is generally understood as a breach of a duty of care that results in damage, such as an injury. For example, courts may find a drunk driver who causes an accident to be negligent because he or she was impaired behind the wheel, which led to the accident. A judge could find a grocery store owner negligent if a customer slips and falls on the owner's business premises due to something like slippery floors as a result of spills. In one noteworthy case, a pedestrian hit by a police officer sued the officer and claimed the officer was negligent because he was speeding without his emergency lights on.
2. You suffered damages
If your injury resulted in lost wages due to missed time at work as a result of your injury, the loss of the ability to earn wages due to a temporary or permanent disability, or non-monetary damages such as pain and suffering, these are factors the court will take into account in a personal injury case.
3. You are struggling with the insurance company
Sometimes if you have suffered a personal injury and met the above factors, you may struggle with the insurance company to cover your medical bills. This is an opportune time to bring a personal injury attorney on board to help you negotiate with the insurance companies, which do not have your best interests in mind.