Process of an Injury Claim
Filing a personal injury lawsuit can be an overwhelming experience filled with plenty of obstacles and confusing legal jargon. Hiring an experienced attorney to guide you through the process of filing a claim and seeing it through to trial, if necessary, is one of the best decisions you can make for yourself if you have been seriously injured. Leading Boulder & Denver, CO injury attorney J. Todd Tenge handles all types of serious personal injury claims and, unlike some other lawyers, isn’t afraid to take a lawsuit to trial, should it be in the best interests of a client. For more information about personal injury lawsuits, contact the Boulder or Fort Collins office of the Tenge Law Firm, LLC, serving the entire Front Range, to schedule a free, confidential consultation.
If you have been injured in an accident caused by another person’s negligent or deliberately wrongful behavior, you should contact a personal injury lawyer as soon as possible. At the Tenge Law Firm, LLC, we meet with clients promptly after their accidents to talk about the circumstances surrounding their cases, their injuries, and what constitutes a viable personal injury claim. Prior to and during your initial face to face, free consultation, we will probably ask you to compile documents, photos (if any), insurance information, and medical records and bills. Your claim cannot proceed unless we have this type of documentation. If we agree to represent you and/or your loved one, we will thoroughly investigate the accident and analyze all aspects of your claim.
Most people do not believe they have a personal injury case or, if they do, they are afraid to go to trial and fight for compensation. The trauma after an accident can leave people wanting a return to normalcy and most do not want to deal with the anxiety of a court room because they do not feel that the law has always been on their side. However, when armed with a knowledgeable personal injury attorney, plaintiffs can readily determine the viability of their claim and evaluate how to move forward.
During your consultation with your attorney, you will review all aspects of the accident and your injuries to determine if you have a claim or not. To present a valid claim against an insurance company or jury – and, more importantly, to win a case – you must first establish the following aspects of the case:
- Duty Owed: To prove negligence on the part of the person or company who caused the injury, the plaintiff must first demonstrate that the defendant owed a duty of care to the plaintiff. Duty owed can include another motorist’s duty to obey traffic laws and maintain a safe distance from your vehicle, a property owner’s duty to clean up spills and post signage about safety risks, and a nursing home attendant’s duty to ensure the safety and proper treatment of the residents.
- Breach of Duty: The plaintiff must subsequently show that the duty owed to him or her was breached. In other words, the defendant failed to exercise reasonable care in fulfilling that duty. For example, a shopkeeper knowingly failed to post a warning about an unstable step at the entrance of their shop, or a nursing home employee failed to provide a resident with adequate food or water.
- Causation: The plaintiff must prove that his or her injury was caused by the defendant’s breach of duty. For example, because the shopkeeper failed to warn patrons of the unstable step, a customer tripped, fell, and broke her back. Or, because a truck driver was under the influence of drugs and hit another car, the driver of that car suffered a brain injury.
- Damages: In order to collect damages, plaintiffs must be able to prove that they suffered losses and expenses as a direct result of their accident-related injuries. In the state of Colorado, damages are categorized as economic, noneconomic, and physical impairments. Each are calculated separately, but they are all directly linked to the accident and how your life has been affected by it, including medical bills, pain and suffering, and disabilities.
When reviewing your personal injury claim, the Tenge Law Firm, LLC will account for all elements that played a part in the accident to ensure you have a strong case.
During the investigation phase, our legal team will gather as much information as possible to support, present, and prove your personal injury lawsuit. One element of the investigation may be an accident reconstruction, or other experts may be called upon for their consultation. We may also seek information about the defendant during this time – for example, in a nursing home abuse case, we may review the nursing home’s record for any past occurrences of abusive or otherwise negligent behavior. Other elements of the discovery phase may include submitting written questions to the defendant, providing testimony in front of a court reporter, and requesting documents or other pieces of relevant information.
If you have questions about personal injury lawsuits, contact either the Boulder or Fort Collins office of the Tenge Law Firm, LLC. Our expert legal team would be happy to schedule an initial consultation with you to determine whether you have a valid personal injury claim.
Some cases are best resolved through negotiated settlements before going to trial or even without filing a lawsuit. A settlement is an agreement, sometimes reached through mediation, in which the defendant and/or insurance company agrees to pay the plaintiff a sum of money in exchange for the plaintiff dropping all further courses of legal action. You can rest assured that the Tenge Law Firm, LLC legal team will not advise you to settle unless it is in your absolute best interest.
In the event that a settlement cannot be reached, your case will go to trial. J. Todd Tenge, supported by our experienced legal staff, is nothing short of tenacious in the courtroom. He will not back down from insurance companies who refuse to pay out claims or defendants who refuse to take responsibility for their wrongful actions. Putting together an infallible legal strategy, Mr. Tenge throws all of his energy and attention into fighting for your rights and recovering the compensation you deserve. Our singular focus is achieving justice for the injured.
If you have questions about personal injury claims and lawsuits, contact Boulder and Fort Collins attorney J. Todd Tenge, serving Denver and surrounding Colorado locations. During a personal consultation, Mr. Tenge and his legal team will analyze your situation, answer your questions, and help you feel more comfortable about the entire litigation process.
“I could tell he had decades of experience in cases like mine, which gave me a lot of comfort during such a stressful time.”
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“I placed all my trust in them and was not disappointed! They settled my case for an amount I had never expected even in my wildest dreams.”
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“We did not have to pay any bills or answer any calls from doctors, hospitals, or insurance companies. We were well taken care of.”
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