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Awards & Associations
You're Getting Sued, Now What?
What Is A Personal Injury Lawsuit?
Since the accident would not have happened without the negligence of the other party, then the negligent person (also called the at fault party or defendant) can be held responsible for covering the costs associated with the injury. The injured person or plaintiff writes a demand letter, stating the allegations and what the defendant did wrong and demands compensation for their injuries and any costs that came with those injuries. If things cannot be settled out of court, this is when the personal injury lawsuit can get filed.
Why Am I Being Sued?
Responding To The Demand Letter And Allegations
Determining Fault Of All Parties
Denying Fault From Allegations
As we just mentioned, showing that the other party was partially at fault can be extremely beneficial to your case. However, sometimes the plaintiff will try to push all of the blame onto you even though their actions played a part in causing the incident in question. This may be because the other party is trying to get as much compensation as possible or they think you can’t prove they did anything wrong or they could have just flat out lied to their attorneys about what happened. Burden of proof plays a major role here as the person claiming wrongdoing will need to be able to prove you did something wrong, they can’t just make baseless claims without strong evidence.
How Much Will I Have To Pay?
If the injured party has lifelong injuries or will require ongoing medical treatment, the amount of compensation will likely go up by a lot compared to minor injury cases. This is because the injured party will have to deal with the pain and suffering from these injuries for an extended period of time, if they are able to get over the injuries at all. These types of injuries also typically come with regular medical and physical therapy expenses to deal with. Brain injuries, neck injuries and spinal cord injuries are very commonly associated with large injury settlement amounts due to the fact that the person may have to live with these injuries for the rest of their life.
All of these things can make a massive difference in the cost of the structured settlement or lump sum payment, so make sure you always have adequate insurance to cover most of these costs and always act within the laws so you aren’t exposing yourself to the risk of being financially burdened by a personal injury settlement for years to come.
Isn't The Insurance Company Supposed To Pay For Damages?
Negotiating The Settlement
Negotiating the settlement is one of the most important parts of any personal injury claim. The injured party is going to try to get you to pay for as much as possible so they can use the extra funds to their advantage, but as the defendant, you are going to want to pay as little as possible. However, the lawyers for both sides are going to battle it out and find some common ground where both parties think the settlement agreement is fair so they don’t have to take the case to trial which can take a very long time to settle the case if that does happen. You can learn more about personal injury lawsuit timelines here.
How A Lawyer Can Help
Don’t try to go at your case alone, we can assure you that your outcome will be tremendously better if you have a qualified injury lawyer on your side throughout the process.
Contact Us For A Free Consultation
Areas We Serve
We serve clients charged with crimes or injured anywhere throughout the state of Colorado, but we focus on residents of these areas: Colorado Springs, Manitou Springs, Fountain, Briargate, Monument, Black Forest, Pueblo, Canon City, Larkspur, Security-Widefield, Peyton, Castle Rock, Teller County, El Paso County, Elbert County, Park County, Douglas County and beyond.