Under the legal system, personal injury is defined as
“When the mind, body or feeling of an individual is injured as a result of another person’s negligence, carelessness or misconduct”. This is also known as “Tort Law”. The word tort came from Latin which means wrong or harm. Different types of personal injury claims come under the head of tort law. Tort lawsuit is the major class of civil litigation and can include a broad variety of personal injury cases- although there are three main types: negligence, strict liability and intentional torts. A tor case does not involve the government suing the wrongdoer as contrasted with criminal law. Although personal injury is a civil law feature. Bodily injury, on the other hand, is more restrictive and can involve injuries sustained by another person, usually in a car accident.
Generally personal injury claims are:
- Slip and fall
- Vehicle related injuries
- Fatal accidents
- Dog bite
- Medical malpractice
In Denver, for personal injury claim it is necessary to file within two years from the time of an incident. If you failed to make a claim within this time limit, you might be losing the right to claim a personal injury lawsuit. Mostly in injury cases, the limit starts from the date of the accident.
A personal injury case is able to become formal by a personal injury lawyer on behalf of you at a civil court. This court session seeks to discover others legally on mistake through a court decision or, as is much common, such problems might be solved by informal settlement before any lawsuit is filed.
Personal injuries can happen due to professional malpractice, motor vehicle accidents, premises liability, nursing home abuse, defective products, and many other incidents. Mostly in such cases, the incidents are not deliberate but are the product of negligent actions of the defendant or careless.
Major elements of carelessness you have to prove in personal injury claim are:
- That the accused failed to meet their duty of care towards you
- That the party at fault owed a duty of care
- That damages resulted from the at-fault party’s actions
- That the direct cause of your losses or injuries was because of the actions of the party at fault
Like other fields of law that find their rules in laws (such as criminal sentencing codes), the development of personal injury law has occurred mainly through court rulings and legal scholars’ treatises. Several states have taken steps to outline the history of personal injury law in writing, but the court decisions remain the main concern or practical purpose.
Your counsel must evaluate your case and your injuries to determine your claim and provide you with a range of values within which to anticipate any fair settlement to fall. You may be able to recover many forms of damages if your case meets the legal definition of personal injury. Damage granted in cases of personal injury is categorized as economic and non-economic damage. The measurement of economic damage is based on one’s actual losses. Generally speaking, the types of economic damage that may be recoverable in a lawsuit for personal injury include:
- Lost wages or lost income
- Past and future medical expenses
- Losses in your ability to earn a living
- Losses in your ability to enjoy life
- Losses for permanent disfigurement and scarring
- Pain and suffering, mental anguish, and psychological injury
Under certain conditions, your partner might be able to claim costs for the loss of consortium as well.
Non-economic compensation is divided into four different categories.
- Impairment of the quality of life
- Pain and suffering
- Emotional distress
There is a cap on these non-economic damages. Like all other states, in Denver’s various types of cases have specific statutes of limitations. But one big difference lies in the damage caps that limit a plaintiff’s recovery.
Settlement is also a part of this. An average personal injury settlement amount is anywhere between $3,000 and $75,000. Of course, most cases fall in between the very high and very low end of average settlements. There are also outliers – you’ve probably heard about people getting settlements that are millions of dollars.