Every day, many people living in the Brighton area suffer injuries from all types of unexpected incidents. Some of these happen through no fault of any party in particular, but others are the direct results of intentional misconduct and negligence. Whenever any other party is responsible for injuring you or a loved one, you have the right to seek accountability with a personal injury claim.
If your family is struggling with the effects of another party’s actions, a Brighton personal injury attorney can offer the best chance of holding them accountable for your damages and securing as much compensation as state law allows. The attorneys at Cheney Galluzzi & Howard have years of experience providing personal injury counsel to clients injured in all types of incidents, from motor vehicle accidents to intentional acts of violence. Whatever your case entails, you can expect compassionate and responsive legal counsel from our team as we handle your case.
The aftermath of any personal injury can be very difficult to navigate on your own, and an experienced attorney can offer invaluable support and guidance when you need it most. Your legal team can assist with every aspect of your case, from the initial filing of your complaint against the defendant to navigating the settlement process or preparing for court if necessary. Regardless of how your personal injury happened or what you think your claim entails, it is crucial to have legal representation you can trust to reach the best possible results for your recovery efforts.
The attorneys at Cheney Galluzzi & Howard can assist our clients in exploring the full range of recovery options available to them after a personal injury. Depending on how your injury happened and who caused it, you may not have to proceed directly to a civil claim for damages to secure compensation. For example, if you were injured in a motor vehicle accident that another driver caused, your attorney can help you file your claim against their auto insurance policy for some initial compensation before filing a personal injury claim for the remainder of your damages.
Ultimately, a personal injury client in Brighton could have more opportunities to recover their losses than they initially expect, but they may also face many unexpected challenges in their pursuit of compensation. When you have an experienced Brighton personal injury attorney handling your case, you are best equipped to meet whatever challenges you face in your recovery efforts. The right personal injury attorney can streamline your case substantially and improve the quality of your final recovery by a significant margin.
Success with any civil claim for a personal injury requires identifying the party or parties responsible and then proving they directly caused your damages. In a Brighton personal injury case, the plaintiff must be prepared to present evidence and testimony that identifies the defendant and proves they are responsible for the plaintiff’s claimed damages. Depending on how the personal injury occurred, the plaintiff may need to prove that the defendant engaged in some form of willful misconduct or that they failed to use reasonable care. The plaintiff must then show the connection between the defendant’s actions and the plaintiff’s claimed losses. In other words, the plaintiff can only claim compensation for the direct results of the defendant’s negligence or misconduct, and they must be prepared to prove the full scope of those losses.
Your Brighton personal injury attorney will know what evidence you will need to prove fault for your damages, and they will also be invaluable for accurately calculating the damages you can seek from the defendant. Some of the most commonly filed types of personal injury claims in Brighton include:
Any personal injury claim can be multifaceted, and it’s possible for more than one party to bear fault for a plaintiff’s claimed damages. The state uses a modified comparative negligence statute that requires all parties bearing fault for civil damages to each absorb a fault percentage based on their level of liability. For example, if a plaintiff files a claim against two defendants, the court may decide one defendant is 40% liable, and the other is 60% liable, and the two defendants would face responsibility for these respective shares of the plaintiff’s claimed damages.
It is also possible for a plaintiff to bear partial fault for causing their claimed damages. Under the modified comparative negligence rule, as long as the plaintiff’s fault does not exceed 50%, they can still recover compensation. However, their percentage of fault will be the percentage of the case award they lose to reflect their shared liability. If you have any concerns about bearing partial responsibility for the personal injury you recently experienced, it’s vital to find a Brighton personal injury attorney you can trust as quickly as possible. They will help you minimize any comparative fault you absorb and assist you in contesting any claims of comparative fault levied against you by the defendant.
A personal injury claim aims to help the plaintiff recover as much as possible so they can be as “whole” as possible again after their experience. While money may not be able to fully compensate for the losses you experienced, it can make adjusting to your new circumstances a bit easier. Your Brighton personal injury attorney will be instrumental in collecting economic damages such as:
Once you have an experienced Brighton personal injury attorney representing you, they will be able to accurately assess the full range of economic damages you can seek from the defendant. Additionally, you can also seek money for the pain and suffering you experienced.
State law limits pain and suffering for most personal injury claims, but this may not apply to your case if you suffered long-term or permanent damage. It’s also possible for other types of compensation to come into play depending on how your injury happened. For example, a judge may order a defendant to pay a plaintiff punitive damages in addition to their other awarded damages to reflect egregiously negligent behavior or deliberate misconduct. No matter what type of personal injury you experienced or how severe your damages are, you have the best chance of recovering as fully as possible with experienced legal counsel advising you.
A: State law allows the plaintiff in a personal injury case to recover reasonable compensation for the pain and suffering they experienced. This may sound difficult to prove, but an experienced attorney will know how to substantiate their client’s claim for non-economic damages. State law limits pain and suffering to $250,000 in most personal injury claims, but the cap increases to $500,000 with clear and convincing evidence of liability. If a plaintiff suffered permanent harm from the defendant’s actions, the cap on pain and suffering compensation is removed entirely.
A: To succeed with your personal injury case, you must file it within the two-year statute of limitations enforced for Colorado personal injury cases. This means your initial complaint against the defendant who caused your injury must be filed with the court no later than two years from the date your injury occurred. This statute of limitations may pause in the event that liability can’t be immediately determined or if a defendant actively concealed their liability through fraud. The statute of limitations would begin once the harm is discovered.
A: Many people who suffer painful physical injuries are able to recover compensation for the psychological distress they experienced. State law allows a personal injury plaintiff to recover compensation for intentional or negligent infliction of emotional distress. For example, if an event caused you to reasonably fear for your life and you have symptoms of post-traumatic stress disorder (PTSD), you could have grounds for a claim even if you did not experience severe physical injuries. Anyone who suffers a catastrophic injury is likely to experience emotional distress from the pain and complications of their injury, and they can also seek compensation for this.
A: State law allows the plaintiff in a personal injury claim to seek full repayment of the economic losses they sustained because of a defendant’s negligence or misconduct. For most plaintiffs, these include medical expenses, long-term medical treatment costs for serious injuries, lost income, and lost earning potential when an injury leaves the victim unable to return to work. Again, your Brighton personal injury attorney will be invaluable for calculating these and all other damages you can seek from the defendant.
A: While you may have a firm grasp on your immediately claimable damages, you may struggle on your own when it comes to calculating the full long-term scope of effects you face from your experience. Additionally, the formal process of pursuing a personal injury claim is more complex than most people expect, and an experienced attorney can handle this on your behalf so you can focus on your recovery. Ultimately, hiring a Brighton personal injury attorney you can trust improves your chances of success with all the recovery efforts you pursue after a personal injury.
The attorneys at Cheney Galluzzi & Howard have years of experience handling a wide range of personal injury claims on behalf of clients in Brighton and surrounding communities of Colorado. Our team can help you identify the challenges you are likely to face in your recovery efforts and the unique opportunities your situation may present that could enhance your final compensation. If you’re ready to learn more about how an experienced Brighton personal injury attorney can help you recover, contact Cheney Galluzzi & Howard today and schedule a free consultation with our team.