Legal Blog - Tenge Law Firm

Sep 13, 2021 | By J. Todd Tenge | Read Time: 3 minutes | Blog

Cell Phone Driving Laws in Colorado

Colorado cell phone driving laws were designed to help reduce distracted driving. Distracted driving kills thousands of people every year across the United States. In Colorado, legislators hope to reduce distracted driving accidents with stricter cell phone driving laws. In most cases, the Colorado cell phone laws prohibit the use of a handheld device while behind the wheel. Despite the risk of tickets and fines, however, drivers frequently disregard these laws. This leads to motor vehicle collisions and, unfortunately, severe or fatal injuries. If you or a loved one suffered serious injuries in a distracted driving accident, you deserve justice. You also deserve financial compensation for your injuries, lost wages, and other damages. Choose an experienced Colorado car accident lawyer from The Tenge Law Firm to help ensure you get the justice you deserve. Colorado Cell Phone Driving Laws Colorado distracted driving and cell phone use laws include the following provisions. Drivers Under Age 18 Minors cannot use a cell phone at any time while driving. This means young drivers cannot make or accept phone calls behind the wheel. They also cannot send or read incoming text messages. Drivers Aged 18 and Older The law allows adult drivers to make or accept phone calls while driving. Adult drivers can use headphones or earbuds in one ear only. They cannot, however, do anything else with their phone or device while behind the wheel. Anyone who violates these laws faces a traffic ticket and fine. Fines increase with repeated offenses. Adults who violate the cell phone while driving laws could face jail time if someone is hurt or killed as a result. It is important to note that any type of distracted driving is a primary offense in Colorado. This means that a police officer can pull you over if they see illegal cell phone use on the roadway. Despite the implementation of Colorado cell phone laws while driving, this potentially dangerous behavior continues to cause problems on the roadways. Cell Phone Use & Distracted Driving in Colorado The Colorado Department of Transportation (CDoT) says that, at least while driving, multitasking is a myth. CDoT’s “Drop the Distraction” campaign seeks to significantly reduce distractions behind the wheel. Through this campaign and other initiatives, Colorado hopes to reduce the frequency of distraction-related accidents. According to CDoT, 90% of Colorado’s drivers admit to driving while using their cell phones and other distractions. No matter how careful you are behind the wheel, you could still end up the victim of a distracted driving accident. If you believe your accident may have been caused by driver distraction, contact a lawyer to determine whether the other driver violated the Colorado cell phone driving law. If you sustain injuries and other damages caused by a distracted driver, you have the right to pursue legal action. You could recover compensation for your medical treatment, lost wages, pain and suffering, and other damages. Having an attorney on your side can help maximize your potential settlement. A lawyer will protect your legal rights and fight to get you the justice you deserve. Contact an Experienced Colorado Car Accident Attorney Now The experienced personal injury attorneys at the Tenge Law Firm have assisted hundreds of clients over the years. We have recovered in excess of $50 million in settlements and awards on their behalf. Although these results might not reflect the outcome of your case, they speak to our commitment to justice. We invite you to take a moment to browse through our many client testimonials. We take our job seriously. Our dedication to exceptional service and personalized attention has earned us countless awards and recognition. Nevertheless, what matters most is that we help you get the justice and financial compensation you deserve. We provide a boutique level of highly personalized service. We limit the number of cases we handle at any one time. This means that when you hire us, we put all of our resources to work for you. We offer a free consultation, a free case analysis, and we accept injury cases on a contingency fee basis. This means you will not owe any legal fees until we recover compensation on your behalf. So contact us today to schedule your case review or to speak directly to a Colorado car accident lawyer regarding current cell phone while driving laws.

Sep 13, 2021 | By J. Todd Tenge | Read Time: 2 minutes | Blog

What Is the Difference Between Negligence and Gross Negligence in Colorado?

If you sustained an injury due to another person’s actions and are considering legal action, you may be wondering if there’s a difference between negligence and gross negligence. At the Tenge Law Firm, our experienced Colorado personal injury attorneys can help differentiate between the two and determine the potential value of your claim. Whether your injury occurred as the result of a car accident or a slip and fall, we dedicate ourselves to fighting for your financial, physical, and emotional wellbeing. What Is Negligence? Negligence is a term used to describe actions that result in a risk of harm to other people. Generally, negligent actions arise from a person failing to take reasonable precautions in certain situations. Some examples of negligence include: A driver running a red light and causing a car accident; A grocery store employee failing to put up a wet floor sign after mopping; or A surgeon causing injury to a patient during a routine procedure. To pursue compensation for negligence, there are four different elements you must prove: duty of care, breach of duty, causation, and damages. Duty of Care To prove negligence, you must first show that the other party owed you a duty of care. This means that they must be legally obligated to take reasonable actions to avoid injuring others. In a car accident case, this may be as simple as the duty to follow traffic laws. Breach of Duty After proving the defendant owed a duty of care, you must show that their actions breached that duty. For example, if the defendant decides to speed through a stop sign, they are breaching their duty of care to surrounding drivers. Causation Once you show that the defendant breached their duty, you need to prove that their actions caused your injuries. Although this sounds relatively straightforward, a defendant may argue that your injuries are the result of a pre-existing condition. Damages Finally, once you prove that the defendant had a duty of care and that their breach of that duty resulted in your injuries, you must show that you sustained damages. This includes monetary losses, such as medical bills, as well as non-economic losses, like pain and suffering. What Is Gross Negligence? Gross negligence is much more serious than standard negligence and arises from willful, wanton, or reckless behavior. Rather than simple carelessness, gross negligence is extreme indifference to the health and safety of others. Examples of this include: A drunk driver speeding down a busy street; A doctor amputating the wrong limb on their patient; or A company selling a product that they know is dangerous without sufficient warnings. One of the biggest differences between gross negligence vs negligence is the availability of exemplary damages. According to C.R.S. §13-21-102, a victim may pursue exemplary damages in cases of “fraud, malice, or willful and wanton conduct.” The jury usually determines the extent of this award based on the circumstances of the case. How Our Colorado Personal Injury Attorneys Can Help For nearly 30 years, the attorneys at the Tenge Law Firm, LLC., have provided diligent representation for injury victims throughout Colorado. If you sustain an injury due to another person’s negligence, we will fight for the compensation and peace of mind you need. To schedule a free consultation, give us a call at 303-665-2929 or contact us online.

Sep 13, 2021 | By J. Todd Tenge | Read Time: 3 minutes | Blog

How Long Does It Take to Settle a Semi-Truck Accident?

If you sustained injuries in a Colorado semi-truck accident, you could be entitled to compensation for your economic and non-economic damages. Commercial trucking accidents tend to cause especially serious injuries, leaving victims in need of extensive medical treatment and care. Recovering compensation for your medical bills, lost income, and pain and suffering helps ensure that you have what you need to recover and get your life back on track. Until that check comes in, however, you could be facing a very challenging situation. Naturally, you might be curious about how long it takes to get a semi-truck accident settlement. Because every Colorado truck accident claim is unique, it is difficult to identify how long any given case could take to resolve. The best way to get a more accurate estimate of time is to talk to the Colorado truck accident attorneys from The Tenge Law Firm. We work tirelessly for our clients to get semi-truck accident settlements negotiated as quickly as possible—and you never owe any legal fees until we recover compensation for you. Factors That Influence the Time Required to Settle a Semi-Truck Accident Claim One of the most challenging aspects of a semi-truck accident claim is proving liability. Because these claims frequently involve multiple parties—the truck driver, equipment owner, trucking company, shipper, shipping broker, vehicle manufacturer, etc.—they are significantly more complex to prove than most motor vehicle collisions. Investigating and documenting these claims takes time and concerted effort. The sooner you can get an attorney onboard and let them get started, the sooner your case can reach a resolution. In addition to the variety of parties potentially involved, you must also deal with their insurance carriers. These are typically large national or multinational insurers with virtually limitless resources. They won’t hesitate to drag the process out and try whatever they can to deny your claim or decrease its value. If the insurance company (or companies, if multiple parties are involved) won’t negotiate in good faith or make a reasonable settlement offer, your attorney may recommend filing a semi-truck accident lawsuit. In that case, you could potentially be looking at a period of months or even years before you have a resolution. Other factors can also influence the time it takes to negotiate a hit by semi-truck settlement. These include the nature of your injuries and the details of the accident itself. For example, if you were rear-ended by a semi-truck, settlement negotiations might go more quickly if the accident was captured on surveillance video. Talking to an experienced 18-wheeler accident lawyer is the best way to determine the potential timeline for getting your settlement. Can You Speed up the Process for Getting a Semi-Truck Settlement? Your actions immediately after a trucking collision can affect how long your settlement will take. Seek medical attention immediately after a truck crash. The longer you take to seek treatment, the harder the insurance company will fight to say you weren’t seriously injured. Collect as much information and photographic evidence at the scene as you can. If your injuries prevent you from doing so, ask someone else to take photos and gather information for you. Keep all your records, receipts, and notes, so you can share them with your attorney. Your lawyer might suggest that you keep a journal of your experiences, including the pain you’re experiencing, the medical appointments you attend, etc. One of the most effective ways to speed up the settlement process for a semi-truck accident is to get a lawyer onboard as quickly as possible. An experienced personal injury attorney will understand the importance of getting right to work. Getting investigators on the scene immediately helps preserve critical evidence. Your attorney can also take steps to stop any of the involved parties from destroying evidence. Ensure that you choose an experienced truck accident lawyer. An attorney who has taken on some of the largest trucking companies and their insurers will know exactly what to do. Once the insurance company recognizes that they have a formidable opponent, they will begin to give your claim the serious consideration it deserves. Contact a Colorado Semi-Truck Accident Lawyer Now If you sustained injuries in a Colorado trucking accident, contact the Tenge Law Firm now. We can review the details of your accident and offer our best estimate of how long it will take to get a settlement. We provide a free consultation for any Colorado truck accident victim. Contact us now to learn more about how long it might take to settle your semi-truck accident claim.

Sep 13, 2021 | By J. Todd Tenge | Read Time: 2 minutes | Blog

Average Settlement for Drunk Driving Accidents

Being involved in an accident with a drunk driver can be incredibly traumatic, especially if you receive injuries. While considering legal action, you may start to wonder what the average settlement for a drunk driving accident is. At the Tenge Law Firm, LLC, we know how frustrating it is to be involved in an accident with a drunk driver. Our skilled car accident attorneys are passionate about helping you hold intoxicated drivers accountable for their negligent actions. The Truth Behind Drunk Driving Lawsuit Settlements Before pursuing any type of personal injury lawsuit, it’s important to determine if the potential settlement outweighs the legal costs. Since the circumstances of each case varies widely, it’s nearly impossible to come up with an average drunk driver settlement that matches your situation. In Colorado, some drunk driving lawsuits may settle for as little as a few thousand dollars, while others may result in a multi-million dollar settlement. There are several factors that may affect the potential settlement of a drunk driving lawsuit, including: The severity of the injury, The degree of fault for each driver, The losses sustained, and The amount of exemplary damages. While some of these factors may be calculable within the first month following an accident, others are more difficult to determine. Calculating Damages in Drunk Driving Lawsuit Settlements To estimate the potential value of your drunk driving lawsuit settlement, you must first calculate your damages. There are three types of damages that may impact the total amount of your settlement: economic damages, non-economic damages, and exemplary damages. Economic Damages Also known as special damages, economic damages are any tangible losses you incur as a result of the accident. This includes medical expenses, property damage, lost wages, and more. Your total economic damages typically depend on the severity of your injury and whether it causes permanent disability. For example, if your injury results in paraplegia, you may need to factor in future medical costs and accessibility conversions for your home. Non-Economic Damages Non-economic damages, commonly referred to as general damages, are intangible losses that can’t be calculated using receipts or bills. This usually includes mental anguish, pain and suffering, loss of quality of life, loss of companionship, etc. A common way of determining non-economic damages is by multiplying the total economic damages by a special multiplier, typically between 1 and 5. However, this method may not be used by all attorneys. Exemplary Damages Exemplary damages are occasionally awarded in cases where the defendant demonstrates gross negligence that completely disregards the safety of others. Rather than compensating the victim for their losses, exemplary damages are calculated to punish the at-fault driver. While these damages aren’t guaranteed in a drunk driving lawsuit, it’s possible that the court may decide to award them. Injured by a Drunk Driver? The Tenge Law Firm Can Help If you sustain an injury in an accident with a drunk driver, you don’t have to fight alone. Contact us online or give us a call at 303-665-2929 to schedule a free consultation. Our personal injury attorneys will advocate for you so you can focus on recovery. We are proud to serve clients throughout the state of Colorado from our offices in Denver, Boulder, and Fort Collins.

Sep 13, 2021 | By J. Todd Tenge | Read Time: 2 minutes | Blog

Who Is at Fault in a Parking Lot Car Accident in Colorado?

Whether you are buying groceries or going back to school, parking lot accidents are always a possibility. With hundreds of cars going in and out of a parking lot every day, a crash is bound to happen when you least expect it. At the Tenge Law Firm, LLC, we are dedicated to helping ensure the wellbeing of our clients after an accident. Our experienced Colorado personal injury attorneys are passionate advocates and will fight for the compensation you need to recover. Parking Lot Accident Fault Since parking lots are often a chaotic environment, determining who is at fault can be complicated. There are several unique circumstances where both drivers may be at fault as well. Consider the following examples of common accidents that occur in parking lots. Rear-End Collision In almost every scenario, the driver running into the back of another vehicle is at fault for the accident. However, there are a few instances where the driver in front may be at fault, such as backing up into the car behind them. Two Cars Turning into the Same Space This type of accident is more likely to happen during the holidays. Typically, the driver who turns into the oncoming vehicle to block the space is at fault for the accident, though this depends on the nature of the accident. Two Cars Backing Out of Separate Spaces One of the most common accidents in a parking lot is when two cars on either side of a lane pull out of their spots and run into each other. Generally, both drivers may be at fault in this type of collision. Safety Tips for Avoiding Parking Lot Accidents Since parking lot accidents are a common occurrence, it’s important to exercise caution while entering or exiting a parking lot. Liability depends on the actions of all drivers involved in an accident, so it’s best to pay attention as you drive through. Here are some tips to help keep you safe. Drive Slowly It’s essential not to drive too fast in a parking lot. This is especially important at schools where children may be running around without looking for oncoming traffic. Many school parking lot accidents involve children accidentally jumping in front of a vehicle. Park in a Spot with Ample Space If you try to park in a tight space, you are more likely to get in an accident when pulling out. Find a space that gives you plenty of room to open your door and back up your car. Use a Backup Camera If Available Most vehicles made within the past 5 years have a backup camera or similar system to help avoid collisions. If you don’t have one, be extra careful and watch for pedestrians when pulling out of your spot. By following these steps, you can help ensure your safety while driving through a parking lot, even during busy periods. Involved in a Parking Lot Accident? If you sustain an injury in a parking lot accident due to another person’s negligence, we can help. Call the Tenge Law Firm, LLC, today at 303-665-2929, or contact us online to schedule a free consultation. Our experienced personal injury attorneys in Boulder, Fort Collins, and Denver will evaluate your case and help you determine the best course of action.

Aug 27, 2021 | By Tenge Law Staff | Read Time: < 1 minute | CO Accident News

Two People Severely Injured in I-70 Semi-Accident

[August 26, 2021 – Georgetown, CO] – Authorities warned that a major semi-crash closed eastbound I-70 on Thursday afternoon. A tow truck driver pulled off of I-70 and exited his vehicle, according to the Colorado State Patrol. He was inspecting the trailer attached to his truck when a semi crashed into him. The CSP reported that the crash caused critical injuries and that both drivers required transportation to the hospital. The CSP said the crash occurred at mile marker 231 at 1:15 PM. Due to the semi accident on I-70 injuries, state troopers closed eastbound I-70 at exit 205 near Silverthorne; they also closed adjacent Highway 6 at Keystone due to the semi-accident on I-70. The crash also caused a fuel spill on the highway, which contributed to a longer closure period. One lane of eastbound I-70 reopened around 4:30 PM. Sources: The Denver Post, Eminetra

Aug 25, 2021 | By J. Todd Tenge | Read Time: 3 minutes | Articles

Is Colorado a No-Fault or At-Fault State?

If you suffered injuries in a car accident, you can bring a personal injury lawsuit against the party or parties you believe were responsible for your injuries. However, how you bring your case depends on the state’s insurance laws. Thus, before filing a lawsuit, it is imperative that you understand how Colorado insurance laws operate. At the Tenge Law Firm, our Colorado car accident lawyers have nearly 30 years of experience holding negligent drivers accountable for their actions. We routinely deal with some of the largest and most powerful insurance companies in the country, aggressively advocating for our clients at every step in the process. If you have questions or need immediate assistance, please contact us online or call (303) 665-2929 for a free consultation. Is Colorado a No-Fault State? After a serious accident, you may be wondering, is Colorado a no-fault state or is Colorado an at-fault state? You may also wonder what the difference is between the two. Like many other states, Colorado is an at-fault state. This means that, after an accident, you can file a claim with the other driver’s insurance company. In a no-fault state, state law generally requires accident victims to file a claim through their own insurance company. Only in certain cases, usually involving very serious injuries or death, can an accident victim file a claim against the at-fault party. However, in an at-fault state like Colorado, the law allows you to file a claim with the at-fault party’s insurance policy, regardless of your injuries. Colorado Insurance Requirements In an at-fault state like Colorado, ensuring that every driver has adequate insurance is crucial. If drivers did not have car insurance, an accident victim would have no way of ensuring that an at-fault driver has the means to pay their expenses after an accident. Thus, Colorado law requires all drivers to obtain a certain amount of car insurance. The minimum coverage required is: Bodily Injury Liability – $25,000 per person / $50,000 per accident; and Property Damage – $15,000 per accident. While this may sound like a lot of coverage. But after a significantly serious car wreck, medical expenses alone can easily and quickly surpass these limits. Thus, to ensure adequate coverage after an accident, many drivers purchase underinsured motorist (UIM) protection. UIM protection kicks in if the person who caused an accident doesn’t have enough insurance coverage to fully compensate you for your injuries. For example, assume another driver hit you and you suffered $75,000 in damages. However, the at-fault driver only carried the minimum insurance required by law. In this situation, the at-fault driver’s policy would only provide $25,000 in coverage, leaving you on the hook for the remaining $50,000. However, if you have enough UIM protection, your own insurance would compensate you for the balance. Have You Been Injured in a Colorado Car Accident? If you were hurt in a Colorado car accident, contact the personal injury attorneys at the Tenge Law Firm. At the Tenge Law Firm, we specialize in serious personal injury and wrongful death cases. In fact, we don’t handle any other cases. This gives us an in-depth knowledge of these challenging cases, which gives you an advantage when negotiating with the insurance company or taking your case to trial. Over the past seven years, we’ve recovered more than $50 million in settlements and jury verdicts for our clients. To learn more about the services we provide, give us a call today. You can also connect with us through our online contact form. Calling is free, and we won’t charge you for our services unless we can get you compensation for your injuries.

Aug 25, 2021 | By J. Todd Tenge | Read Time: 2 minutes | Blog

Auto Accident Spine Injuries: What You Should Know

If you recently got into a car accident, spine injury is a very real concern. The forces involved in a motor vehicle accident at only moderate speeds are easily enough to damage the various structures that comprise the spine. In fact, car accidents are responsible for nearly 40% of all spinal cord injuries. However, not all back and spine injuries are immediately apparent, and it is crucial you visit a doctor as soon as possible. At the Tenge Law Firm, we have experience with serious personal injury cases, including those involving spine injuries. Since 1992, our Colorado personal injury lawyers have helped countless clients obtain the compensation they need to begin moving on with their lives after a car accident spine injury. If you have questions or need immediate assistance, please contact us online or call (303) 665-2929 for a free consultation. The Structure of the Spine The spine consists of 33 small, interlocking bones, called vertebrae. Each vertebra has a small hole through the center, which allows the spinal cord to travel from the base of the neck to the lower back. The spinal cord is responsible for sending nerve signals from the brain to the other parts of the body. In between the vertebrae are cushion-like discs. These discs help hold the vertebrae together and act as shock absorbers as we go about our everyday life. Common Spine Injuries Stemming from Motor Vehicle Accidents Car accidents involve a tremendous amount of force, which can cause irreparable damage to the vertebrae, the vertebral discs, and the spinal cord. According to the National Spinal Cord Injury Statistical Center, accident victims suffering from a spine injury spend, on average, 11 days in the hospital. Additionally, accident victims then require an average of 31 days in a rehabilitation center. Some of the most common car accident spine injuries include: Whiplash, Herniated discs, Vertebral fractures, Soft tissue damage, and Spinal cord injuries. The most serious spine injuries involve damage to the spinal cord. A spinal cord injury can carry lifelong consequences for accident victims. In some cases, spinal cord injuries cause temporary or permanent paralysis, including: Monoplegia—paralysis that affects one limb; Hemiplegia—paralysis that affects one side of the body; Diplegia—paralysis that affects two limbs on the same side of the body; Paraplegia—paralysis that affects both legs or the lower part of the body; and Quadriplegia (tetraplegia)—paralysis that affects both the arms and legs or the whole body from the neck down. Those experiencing the symptoms of a spine injury after a Colorado car accident should reach out to a dedicated personal injury attorney to discuss their case. Have You Suffered Serious Back or Spine Injuries Following a Car Accident? If you or a loved one was recently involved in a car accident and now suffers from back or spine injuries, you may be entitled to monetary compensation from the at-fault driver. At the Tenge Law Firm, our attorneys have earned a reputation for providing injury victims with aggressive, diligent, and thorough representation. Over the past seven years alone, we’ve recovered more than $50 million on behalf of our clients and their families. To learn more about the services we provide, give us a call today. You can also reach us through our online contact form. Your initial consultation is free, and because we accept all spine injury cases on a contingency basis, we won’t charge you for our services unless you recover for your injuries.

Aug 25, 2021 | By J. Todd Tenge | Read Time: 3 minutes | Blog

What Is the Average Settlement for Car Accident Neck and Back Injuries?

There is no meaningful average settlement amount for a car accident back and neck injury. Yes, somewhere out there is a number representing this average, whether anybody has ever calculated it or not. That number, however, will not give you much of a clue as to how much you are likely to receive in compensation. To calculate a reasonable settlement amount in your case, you need to dig deeper into the facts. What we provide here is the means of calculating your personal expectation, so you will know how much to ask for. If you have questions or need immediate assistance, please contact us online or call (303) 665-2929 for a free consultation. Components of Your Settlement What did you lose in the accident? You need to consider the value of both your monetary losses (economic damages) and your physical and emotional damages (noneconomic damages). Following are some common components of damages for car accident back and neck injuries. Property Damage A car accident serious enough to trigger a lawsuit was probably enough to total your car. You are entitled to compensation for the value of your property damage. Medical Expenses You are entitled to reimbursement for all medical expenses you incur as a result of an accident caused by another, as well as expenses you expect to incur in the future. In a car accident back or neck injury, settlement amounts tend to increase if you need physical therapy, injections, or other medical procedures. You can anticipate that your insurance adjuster will question the insurance payout for a neck injury or a back injury. In any case, current medical expenses are relatively easy to calculate. What is difficult is estimating future medical expenses in case you have not made a full recovery by the time you reach a settlement. If you underestimate these expenses, you could end up unable to pay your medical bills at some point in the future. A skilled back and neck injury lawyer can help you estimate your actual expenses. Lost Earnings Back and neck injuries frequently cause chronic pain. If this happens to you, you might not be able to return to your previous job or to any job at all. The amount of lost earnings you would suffer in this type of scenario could be astronomical if you are young. Pain and Suffering It can be difficult to estimate pain and suffering damages in a car accident neck and back injury case. Some neck and back injuries, such as whiplash, do not readily show up in medical scans but cause you pain nonetheless. The following factors are important in calculating pain and suffering: The seriousness of your injuries. If they are permanent, you may face a lifetime of chronic pain. The amount of disruption that you must suffer. Can you play basketball with your children, for example? Can you still enjoy intimacy with your spouse? Do your doctors expect this situation to change any time soon? You might also demand other forms of non-economic damages. If you suffer paralysis, for example, you could suffer great mental anguish on that account in the form of humiliation, isolation, or depression. More visible injuries might also bias a jury in your favor, whether fairly or unfairly. In any case, in many cases, non-economic damages end up amounting to far more than 50% of your total award. We Are Ready to Lace up Our Gloves for You Here at The Tenge Law Firm, LLC, our personal injury lawyers are recommended by our peers. More importantly, we enjoy outstanding ratings from the ones who matter most—our clients. Contact Tenge Law Firm at (303) 665-2929 or contact us online to get started building your case today.

Aug 25, 2021 | By J. Todd Tenge | Read Time: 3 minutes | Blog

What Is the Statute of Limitations for Colorado Personal Injury Claims?

In Colorado individuals generally have two years to file a personal injury claim against the at-fault party. For automobile accidents, Colorado law extends the statute of limitations to three years. For immediate assistance, please contact us online or call (303) 665-2929 for a free consultation. What Is a Statute of Limitations? A statute of limitations is a law that says how much time an injured party has to sue the person at fault. This means that if you wait too long to take your personal injury claim to court, the person responsible can raise the statute of limitations as a defense. Unless the circumstances of your case fall within a few narrow exceptions, the judge will then dismiss your lawsuit and you will not be able to recover for your losses. It doesn’t matter how severely you were injured. If you wait too long, you can’t sue. Why Does Colorado Have Statutes of Limitations for Personal Injury Claims? Colorado’s statute of limitations for personal injury claims exists for several reasons. One is fairness to defendants. Imagine receiving a court summons notifying you that a person you hit a decade ago was suing you for damage to his car. Not very fair. For this reason, statutes of limitation promote society’s interest in finality. Other reasons for imposing statutes of limitations on personal injury plaintiffs include preservation of evidence and judicial economy. As time goes on, memories fade and witnesses move away. In addition, courts are busy places and lack the resources to deal with stale cases. How Long Do I Have to Bring a Colorado Personal Injury Claim? It depends on when your claim accrued. Statutes of limitations specify a time period for filing a lawsuit. The clock starts when the claim is triggered, or “accrues.” In Colorado, a claim accrues at the time of the accident, or when an injured person discovers or should have discovered, the injury. In Colorado, injured persons generally have two years from the date of accrual to bring a personal injury claim against the party at fault. When automobiles are involved, Colorado law extends the statute of limitations to three years from the date of accrual. What Happens if I Don’t Know I’m Injured Until After the Statute of Limitations Has Expired? Imagine surviving a car wreck believing yourself to be okay, only to experience health problems years later and after the three-year statute of limitations has expired. In Colorado, it still might be possible to bring a lawsuit against the negligent driver by raising the “discovery rule.” Under this rule, if a Colorado plaintiff can show their injury was not reasonably discoverable until after the statute of limitations had expired, then chances are likely that the court will find the Colorado personal injury statute of limitations never accrued and permit the lawsuit to go forward. What If I Am Unable to File a Lawsuit Before the Colorado Statute of Limitations Expires? While the discovery rule serves to preserve a personal injury claim in cases where the injury doesn’t immediately manifest itself, tolling freezes the statute of limitations for personal injury claims. In other words, it stops the clock for some reason after the claim has already accrued. Tolling is about ensuring fairness to a plaintiff. In Colorado, tolling is appropriate when the plaintiff is unable to bring a suit for an excusable reason. Examples include minors and medically incapacitated persons (e.g., people in a coma or otherwise incapacitated). In some cases, military service tolls the statute of limitations. Colorado courts also find it necessary to freeze the statute of limitations when the defendant has engaged in fraudulent concealment. This happens when a defendant hides evidence. Contact Colorado Personal Injury Lawyers Before Your Claim Expires Timing is everything. If you fail to bring a lawsuit within the statute of limitations, you could lose your right to recover your losses. Please don’t risk your case by trying to handle it independently. Let the skilled legal team at the Tenge Law Firm, LLC help. We have three decades of experience handling statute of limitations issues in personal injury cases in Colorado. We have worked hard to earn our reputation as one of the finest personal injury law firms in Colorado. We will be there for you every step of the way. To learn more about how we can assist you with a Colorado personal injury claim, contact Tenge Law Firm, LLC., today.

Tenge Law Firm Blog