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Written by: J. Todd Tenge

How to Increase Settlement Value in a Personal Injury Claim in Colorado

| Read Time: 5 minutes
Personal Injury Claim in Colorado

It can be challenging to come to terms with an injury you or a loved one sustained, especially if the injury was the result of someone else’s negligence. Naturally, you want to hold the negligent parties accountable. Colorado law permits you to file a personal injury claim for compensation against the negligent party. 

But will this compensation be enough to restore your financial situation? You may wonder how to increase settlement value in your personal injury case.

Generally, you must provide solid evidence of the other party’s negligence and of your damages to increase the settlement size of your personal injury claim. This evidence can include the following:

  • Photos or surveillance footage of the accident or incident,
  • Eyewitness statements,
  • Expert testimony,
  • Police report,
  • Doctor’s diagnosis,
  • Medical invoices,
  • Lost work wages,
  • Testimony about the emotional and psychological effects of the accident or incident, and
  • Testimony about the future impact of the accident or incident on you and your family’s lives.

Gathering the information to support a settlement can be complicated. And you don’t want to leave out any evidence that can increase your settlement’s value. Therefore, having a personal injury attorney on your side is crucial. 

Contact our experienced attorneys at the Tenge Law Firm, LLC. We will investigate your claim and calculate the maximum settlement possible. Contact us now for a free consultation.

Collecting Evidence in Your Personal Injury Case

The key to most personal injury claims is proving the other party was negligent. To prove negligence, you must prove the following elements:

  1. Duty of care. The other party must have owed you a duty of care.
  2. Breach of duty. The other party must have breached this duty.
  3. Causation. The breach must have caused your damages or injuries.
  4. Damages. You must be able to prove any injuries you suffered and damages incurred. 

Collecting evidence is the most critical factor in proving negligence. An experienced attorney can evaluate these elements in your situation to help build the most convincing case possible. Common evidence your lawyer will collect to prove your personal injury claim includes the following:

  • Photographs of the scene. Photos will capture and preserve the damage caused by the accident or incident. 
  • Video surveillance. Video footage is important because it may show the actual event in real-time. This is crucial to understand the cause of the accident.
  • Police report. After an accident, police protect the scene’s integrity, ask questions to the parties and witnesses, and manage the crowd. The details of the accident and any information they discover are written down in the police report.

A personal injury attorney can help you gather this evidence.

Accurately Calculate Your Damages

Another critical aspect of increasing your settlement’s value is the accurate calculation of damages. Any omission of your damages can negatively affect the value of your settlement. At Tenge Law Firm, LLC, we can help you identify every type of damage you are eligible for to help ensure you secure the largest settlement possible. 

Medical Expenses

Any medical expenses incurred due to the accident or incident can be recovered. This includes the following:

  • Hospital stays,
  • Doctor visits,
  • Surgeries,
  • X-ray tests,
  • MRI tests,
  • Blood tests, and
  • Long-term care.

Your and your loved one’s injuries may also require long-term rehabilitation or physical therapy. Does physical therapy increase the settlement size of your personal injury claim? Yes, generally it can. Physical therapy refers to the care you need to recover from or manage your injuries. Depending on the injury, this therapy can last a few weeks to years. 

Failing to pursue physical therapy can detract from recoverable expenses as it may give the other party evidence that your injuries are not as severe as you portray them. And more importantly, forgoing your physical therapy can slow down your recovery.

Lost Wages

After an incident or accident, you may have been forced to take time off work. The amount of missed time depends on the injuries sustained. It may be a few days, or it may be several months. The wages lost during this time are recoverable.

If you can no longer work the same amount of hours due to your injuries, you may also be able to recover the difference in wages. Similarly, if you have to take another job because you are no longer able to perform the duties of your job, you may be able to recover the difference in wages.

Pain and Suffering Damages

You can also recoup the damages related to any emotional, mental, or psychological damages. Apart from pain and suffering damages, you may be able to recover for the loss of enjoyment of life and loss of consortium. 

Property Damages

Any damage to your property caused by the accident or injury can also be recovered. For example, if a truck hits your car, you can recover for the injuries you sustained and for the damage to your car. 

Though related to the personal injury claim, note that you may need to make a separate claim for property damage with the at-fault party’s insurance company.

Having an Experienced Personal Injury Attorney

Having an attorney for a personal injury claim is not required. However, having one can increase the settlement size of your personal injury claim. Colorado personal injury laws are complicated. And there’s a lot of paperwork involved. An experienced personal injury attorney can take care of all of this. 

In many instances, insurance companies will be involved. Insurance companies are notorious for offering low compensation to settle a case quickly. Or, they will fight your claim hoping you give up or accept the low offer. 

Having a lawyer on your side can keep these ruthless insurance companies in line and ensure you get fair compensation. At the Tenge Law Firm, LLC, we know the tricks insurance companies play. We will not let them take advantage of you.

Abiding by Deadlines

There are many deadlines to meet in a personal injury claim. It’ll be hard to remember them all. At the Tenge Law Firm, LLC, our attorneys are well-versed with the deadlines for personal injury claims. We know that failing to meet these deadlines can drastically affect your case. In some situations, missing a deadline can be inconvenient, but missing others can eliminate your ability to recover any compensation. In Colorado, personal injury claims relating to the use or operation of a motor vehicle must be brought within three years of the date of the accident. For all other personal injury cases, the claim must be filed within two years from the date of the accident. Failure to file your personal injury claim may take away your opportunity for financial recovery.

Contact Tenge Law Firm, LLC to Talk with a Seasoned Attorney 

If the negligence of another has injured you or a loved one, look no further than the Tenge Law Firm, LLC. We are a boutique law firm established over 30 years ago by Founder J. Todd Tenge. Our goal is to provide high-quality, tailored legal services to our clients.

Personal injury cases we handle include the following:

We know no amount of money can reverse what happened. But it may provide you and your family a lifeline to rebuild your lives. 

That’s why at the Tenge Law Firm, LLC, we will work day and night to ensure every avenue is pursued so you can get the highest possible compensation for your personal injury claim. Contact our seasoned attorneys now for your free case evaluation. 

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