What Is a Personal Injury Claim and When Should You File One?

Accidental injuries are unfortunately common. According to government data, there are over 40 million accident-related hospital visits each year. They also happen to be the leading cause of death. 

“Not all injuries meet the personal injury threshold, at least not in its legal definition. So, if you have suffered an injury and are considering filing a claim, establish whether your case meets that threshold before anything else,” says Colorado personal injury lawyer Amy Gaiennie of Amy G Injury Firm. 

This guide looks into what makes a personal injury and when you should consider filing one. 

Understanding a Personal Injury

An injury suffered in an accident only meets the personal injury threshold if negligence is a factor in the accident. Legally, negligence has four main elements: duty of care, breach of duty, causation, and harm. 

A duty of care is the reasonable expectation of care for the claimant at the time of the accident. For example, there is an expectation that grocery store management will maintain a safe environment for its customers. This expectation is established once the customer enters the premises legally, whether they end up buying or not. 

If they fail to uphold this duty, they are in breach. The connection between the breach and the accident becomes the causation, but it still needs to result in harm to fulfill all elements of negligence. The harm must be quantifiable monetarily, for example, in bills, property damage, or non-economic damages such as pain and suffering. 

When to File a Claim

If your injuries meet the personal injury threshold, then you should consider filing a claim. This does not necessarily mean you necessarily mean you must proceed through the courts. For minor injuries, working things out with the at-fault party may be ideal. However, exercise caution because what appears to be a minor injury can turn out to be major, and an early settlement could prevent you from recovering full compensation. 

The best approach is to engage a lawyer. In most cases, you will not have to pay anything to have them access your case because most offer a free initial consultation, and it is all you need to know how much your case is worth. 

The Statute of Limitations

Timing is crucial when considering a personal injury claim in Colorado. Colorado law generally provides a two year window from the date of the accident to initiate your claim. This period, known as the statute of limitations, means if you miss this timeframe, you could lose your right to sue altogether. 

It is a good idea to start the process early on because gathering evidence and navigating legal requirements can take some time. Moreover, consulting with an attorney sooner rather than later can help ensure that you are fully prepped and ready before any deadlines sneak up on you.

Filling Too Soon

Filing a personal injury claim too soon is not always the best move. Sometimes injuries manifest symptoms weeks or even months after an accident, altering the scope of compensation you might need. Settling  a claim too early might lock you into a settlement before fully understanding the long-term impact of your injuries.

That is where getting advice from a seasoned lawyer becomes invaluable. They not only handle the timing but also ensure that all potential impacts are considered in your claim.

Choosing The Right Lawyer for Your Claim

Selecting an attorney is more than just picking a name from a directory. You will want someone explicitly familiar with Colorado’s legal landscape. 

Ensure they have a solid track record of dealing with similar cases and check client testimonials for insights. Most importantly, pick someone you feel comfortable communicating with, as this will be crucial throughout your case proceedings. Remember, they will be handling a case that could pretty much shape your future, so you want to only work with the best.