IF YOU HAVE A PERSONAL INJURY:

  1. You need to know if you should file a lawsuit . . .
  2. You need to file your suit promptly . . .
  3. You've been injured while on someone's property . . .
  4. You've been injured by a licensed professional . . .
  5. You've been injured by a defective product . . .

1. How do I find out if my situation calls for a lawsuit?
If you need to know if you should file a lawsuit, call an experienced personal injury attorney immediately! He can advise you of your legal rights and responsibilities and strengthen your chances of winning a lawsuit. You may be able to enter into a contingent fee agreement, where if there is a recovery, your attorney takes an agreed percentage, but if nothing is recovered, no fees need to be paid. However, litigation costs and expenses will be your responsibility, so you should carefully consider these expenses before signing a fee agreement. Your personal injury attorney should explain them fully in writing.

[ On-line consultation form ] [ TOP ] [ Mail/Fax consultation form ]

2. How long after my injury can I file a lawsuit?
Most state laws prevent injured people from bringing a lawsuit if they have waited too long. These "statutes of limitation" can sometimes be waived if the injured person is a minor or incompetent, or if the injury was not discovered until much later. There is a two year statute of limitations for general and professional negligence claims, and a three year statute of limitations for motor vehicle accidents in Colorado. If the person who injured you does not have insurance, you can often make a claim against your own insurance company for "uninsured" coverage, and recover what the person who injured you was unable to pay. Even if the person who injured you has some but not enough insurance to cover your losses, you can sometimes make a claim against your own insurance company for "underinsured" coverage. An experienced personal injury attorney can guide you through this process.

[ On-line consultation form ] [ TOP ] [ Mail/Fax consultation form ]

3. Can I sue someone if I was injured on their property?
If you've been injured while on someone's property, your rights to bring a lawsuit will depend on whether the land was private or public, the kind of use which the owner permitted on it, and your legal status when you were on the property. Thus, whether you were a trespasser, entered upon the property for your own convenience, or were invited to enter by the owner will affect the outcome of any lawsuit. Generally, your rights will also be limited if you entered upon rural land for a recreational purpose. You may in fact have a better chance of prevailing against the manufacturer or distributor of the recreational equipment you were using, if it was defective.

Can I sue if I was injured on public property?
If you are injured on public property, depending on whether it was state or federal, different statutes of limitation and limits on damage awards will apply. You may also need to notify the public agency of your injury and claim very promptly in order to file a lawsuit thereafter. Contacting an attorney who has experience with these issues is very important.

[ On-line consultation form ] [ TOP ] [ Mail/Fax consultation form ]

4. How complicated are malpractice lawsuits?
If you've been injured by a licensed professional, Colorado statutes governing lawsuits are very strict. Generally, your attorney will first need to consult with a similar professional before he can file your case in court. Finding a person who is willing to testify against a doctor or other health professional, or an attorney or an accountant, is costly and takes time. Such an expert witness must be retained well before the two year statute of limitations expires. You should make sure that the attorney you chose to file your malpractice case is both experienced and willing to undertake this large and costly task.

Are malpractice suits hard to win?
Licensed professionals usually have malpractice insurance policies with very high limits of coverage. But Colorado statutes limit a patient's or client's recovery to specific dollar amounts in some cases. While medical malpractice cases are hard to win, they should be brought where an injury was avoidable and where the health professional might injure someone else. Legal malpractice cases are similar in many respects, but because lawyers keep extensive written files, they are sometimes easier to prove.

How much personal or private information becomes public knowledge in a personal injury case?
You should expect that your most personal and private information will become part of the court record if a lawsuit is filed. Your friends and family may also be brought into the case by either side. Therefore, you will need to be both brave and honest with your own attorney.

[ On-line consultation form ] [ TOP ] [ Mail/Fax consultation form ]

5. Who do I sue if injured by a product?
If you've been injured by a defective product, you will need to tell your attorney how you first came in contact with the product, what dangers you were aware of in using it, and how you were injured by it. Sometimes, a client may think they have a good case against a person who causes them injury, when in fact they have a better case against the product or device which actually injured them. You may even be able to bring a lawsuit against the manufacturer or provider of a defective product if it worked just as it was designed to, if it was unreasonably dangerous to the user.

What proof or documentation do I need to show personal injury by a product?
If you were injured by a defective product, you should keep it if possible, as it may need to be tested later by an engineer or other expert. Likewise, you should keep any purchase or user documentation concerning the product, such as sales slips, warranties, or manuals. Remember that when you bring a defective products case you are filing suit against a company which markets the product for profit and will fight hard to protect it. Be sure that the attorney you chose has both the experience and resources to stay the course.

[ On-line consultation form ] [ TOP ] [ Mail/Fax consultation form ]

Contact Information
Peter Schild
Phone (303) 444-8720
Toll Free (866) 444-8720
FAX (303) 444-8730
Offices at:
255 Canyon Blvd., Suite 201
Boulder, CO 80302
Mailing Address:
243 Kelly Road East
Boulder, CO 80302

Name:
Email:
Phone Number:
Your Message:
Image Verification (Required)	(Please put number shown into the box.)