Yes, a personal injury claim is when someone hurts you and it’s not your fault. You can ask for money to pay for your doctor bills, lost work time, and pain you went through. Personal injuries include every variety of injury to a person’s body, emotions, or reputation, not just cuts and broken bones.
Think of it like this: if someone’s careless actions cause you harm, you might have a personal injury claim. Maybe a driver wasn’t watching the road and hit your car. Maybe a store owner didn’t clean up a spill and you slipped. Or maybe a doctor made a big mistake during your treatment. All these situations could lead to valid personal injury claims.
This article will walk you through what makes a personal injury claim, the different types you should know about, and how to tell if your situation counts. We’ll also explain what you need to prove your case and what kind of money you might get. By the end, you’ll understand exactly when you can file a claim and how to protect your rights after an injury.
What Makes Something a Personal Injury Claim?
The Basic Definition
Personal injury is a legal term for an injury to the body, mind, or emotions, as opposed to an injury to property. It’s not just about broken bones or cuts you can see. Your mental health matters too. If someone’s actions hurt you in any way, you might have a claim.
For something to count as a personal injury claim, you need more than just an injury. The person who hurt you must have done something wrong. There are three grounds on which personal injury claims can be brought: negligence, strict liability, and intentional wrongs. Let’s break these down in simple terms.
The Three Ways Someone Can Be Responsible
Negligence is the most common reason for personal injury claims. It means someone wasn’t being careful enough. Picture a driver texting while driving or a property owner who doesn’t fix broken stairs. They didn’t mean to hurt anyone, but they weren’t being safe either.
Strict liability means someone is responsible no matter what. If an injury occurs as a result of a defect in a product, the manufacturer is responsible for that injury even though they did not act negligently or intend for their product to cause harm. It doesn’t matter if they tried to be careful.
Intentional wrongs happen when someone hurts you on purpose. Common intentional torts are battery, assault, false imprisonment, trespass to land, trespass to chattels, and intentional infliction of emotional distress. These are rare in personal injury cases, but they do happen.
What You Need to Prove
To win a personal injury case, you can’t just say someone hurt you. You need to prove four things:
- Duty of care – The other person had to keep you safe
- Breach of duty – They didn’t do what they should have done
- Causation – Their mistake directly caused your injury
- Damages – You lost money or suffered because of the injury
Think of it like connecting dots. Each piece must link to the next one. If you’re missing one piece, your case might fall apart. That’s why having a Denver personal injury lawyer helps so much.
Types of Physical Personal Injury Claims
Car and Vehicle Accidents
Automobile accidents are perhaps the most common single subtype of personal injury claims. Every day, people get hurt in crashes caused by drivers who aren’t paying attention, are going too fast, or are driving drunk.
Car accidents aren’t the only vehicle injuries that count. Motorcycle accidents frequently produce catastrophic injuries because riders have less protection. Truck accidents can be even worse because of how big these vehicles are. Even bicycle and pedestrian accidents count as personal injury claims when a driver causes them.
If you’ve been in any vehicle accident, save everything. Take photos, get witness names, and see a doctor right away. Even small accidents can cause big problems later. A Denver car accident lawyer can help you understand what your claim is worth.
Workplace Injuries
Each year, thousands of workers in a variety of industries sustain injuries while carrying out their duties. You might think only dangerous jobs like construction lead to claims, but that’s not true. Office workers get hurt too.
Common workplace injuries include:
- Falls from heights or on wet floors
- Getting hit by falling objects
- Repetitive motion injuries like carpal tunnel
- Back injuries from lifting
- Exposure to harmful chemicals
While workers’ compensation usually covers these injuries, sometimes you can file a personal injury claim too. This happens when someone besides your employer caused the accident.
Slip and Fall Accidents
Property owners must keep their places safe. When they don’t, people get hurt. It is the responsibility of the property owner to maintain the property and remove hazards.
Common slip and fall hazards include:
- Wet floors without warning signs
- Broken stairs or missing handrails
- Poor lighting in walkways
- Ice and snow that wasn’t cleared
- Uneven sidewalks or parking lots
These cases can be tricky because you must prove the owner knew about the danger or should have known. A Denver slip and fall lawyer can investigate and build your case.
Medical Malpractice Claims
Medical malpractice cases are often separated into several different categories. Doctors and nurses are human, and humans make mistakes. But when those mistakes hurt patients, it becomes medical malpractice.
Common medical errors include:
- Wrong diagnosis or missed diagnosis
- Surgical mistakes
- Medication errors
- Birth injuries
- Anesthesia problems
These cases need expert witnesses to prove the doctor didn’t follow standard medical practices. They’re complex, but victims deserve justice when medical care goes wrong.
Product Liability Cases
When products hurt people, manufacturers must pay. It doesn’t matter if they tried to make safe products. You must prove that the product contained either a design defect, a manufacturing defect or inadequate warnings about the dangers of the product.
Dangerous products can be anything:
- Cars with faulty brakes
- Toys that break and cut children
- Medicine with hidden side effects
- Power tools that malfunction
- Food with harmful ingredients
Emotional and Psychological Injuries That Count
Understanding Emotional Distress
Your mental health is just as important as your physical health. Emotional distress in personal injury cases refers to the psychological and emotional injuries suffered by a victim. The law recognizes that some injuries you can’t see in an X-ray, but they’re still real.
Emotional distress often includes anxiety, depression, fear, grief, humiliation, and post-traumatic stress disorder. These aren’t just bad days. They’re serious conditions that change how you live your life.
When Mental Injuries Stand Alone
You don’t always need physical injuries to have a claim. It is also possible to recover damages for emotional distress with no physical injury under some circumstances. But these cases have special rules.
For emotional distress alone, you usually need to show:
- The other person’s actions were really extreme
- You suffered serious mental problems
- A normal person would have trouble coping with what happened
Think about witnessing a terrible accident or being threatened with violence. These situations can cause lasting mental harm even without physical injuries.
Proving Your Emotional Pain
Mental injuries are harder to prove than broken bones. You can’t just point to an X-ray. Emotional distress claims can be difficult to prove in court due to their subjective nature.
To prove emotional distress, you’ll need:
- Medical records from therapists or psychiatrists
- Testimony from mental health experts
- Your own detailed account of symptoms
- Statements from family about how you’ve changed
- Evidence of medications you’re taking
Keep a journal about your feelings and bad days. Write down nightmares, panic attacks, and times you couldn’t do normal activities. Every detail helps prove your case.
Less Common But Valid Personal Injury Claims
Animal Attack Cases
Dog bites are responsible for thousands of hospital visits every year. When someone’s pet hurts you, the owner is usually responsible. It doesn’t matter if the dog never bit anyone before.
Dog bite injuries include:
- Physical wounds and scars
- Infections from the bite
- Emotional trauma and fear of dogs
- Medical bills and lost work time
Colorado follows strict liability for dog bites. This means owners pay for injuries their dogs cause, period.
Defamation and Reputation Harm
Words can hurt too. Defamation, including libel (written statements) and slander (spoken statements), represents another type of personal injury case. When someone spreads lies about you, it can ruin your life.
To prove defamation, you must show:
- Someone made false statements about you
- They told other people
- It hurt your reputation
- You suffered real damages
These cases are tough because of free speech rights. But when lies cost you your job or business, you deserve justice.
Wrongful Death Claims
The worst injuries are the ones families can’t recover from. Any type of personal injury claim can become a wrongful death claim if the victim dies from the injury. When someone’s careless actions kill a loved one, families can seek justice.
Wrongful death claims help families pay for:
- Medical bills before death
- Funeral and burial costs
- Lost income the person would have earned
- Loss of companionship and support
No amount of money brings someone back. But families shouldn’t suffer financially on top of their grief. A Denver wrongful death lawyer can help during this hard time.
What Damages Can You Get?
Economic Damages You Can Count
Special economic damages in a personal injury claim include financial compensation for medical costs and expenses, lost wages, and property damages. These are the bills and losses you can add up with a calculator.
Economic damages include:
- Medical bills – Everything from ambulance rides to surgery
- Future medical care – Ongoing treatment you’ll need
- Lost wages – Money you couldn’t earn while hurt
- Lost earning capacity – If you can’t do your old job anymore
- Property damage – Your car, clothes, or other damaged items
Keep every receipt and bill. Document every day you miss work. These numbers add up fast, and you deserve every penny.
Non-Economic Damages That Matter
Some losses don’t have price tags. General damages, or non-economic damages, are intended to compensate the victim for harms that cannot be easily quantified. How do you put a price on pain?
Non-economic damages cover:
- Physical pain and suffering
- Emotional distress and mental anguish
- Loss of enjoyment of life
- Disability and disfigurement
- Loss of companionship
Insurance companies use formulas to calculate these damages. They might multiply your medical bills by a number based on how bad your injuries are. Serious injuries get higher multipliers.
When You Might Get Punitive Damages
Sometimes, courts want to send a message. Punitive damages are awarded as a punishment in situations where the defendant’s behavior was particularly harmful. These are rare but important.
You might get punitive damages when:
- A drunk driver causes a crash
- A company knew its product was dangerous but sold it anyway
- Someone hurt you on purpose
- The defendant’s actions were extremely reckless
How to Know If You Have a Valid Claim
Time Limits You Can’t Miss
Every state has deadlines for filing injury claims. In general, you have to sue someone (file the papers in court) within 2 years from the date of the injury. Miss this deadline, and you lose your right to sue forever.
But some cases have different deadlines:
- Claims against the government often need notice within 6 months
- Medical malpractice might have different time limits
- Children’s injuries might have extended deadlines
- Some injuries aren’t discovered right away
Don’t wait to talk to a lawyer. Even if you’re not sure about suing, get legal advice early. Time goes by fast when you’re dealing with injuries.
Evidence You Need to Collect
Strong cases need strong evidence. Start gathering proof right after your injury happens.
Essential evidence includes:
- Photos of injuries, accident scenes, and hazards
- Medical records from every doctor visit
- Witness information – Names and phone numbers
- Police reports if they exist
- Your own notes about what happened and how you feel
Don’t post about your accident on social media. Insurance companies check Facebook and Instagram. Even innocent posts can hurt your case.
When to Call a Lawyer
You might wonder if you really need legal help. If you’ve been injured in an accident, it is imperative that you surround yourself with the best legal care as soon as possible.
Get a lawyer when:
- Your injuries are serious or permanent
- The insurance company denies your claim
- Multiple parties might be responsible
- You’re offered a quick settlement
- You don’t understand your rights
Most personal injury lawyers work on contingency. This means you don’t pay unless you win. There’s no risk in getting a free consultation to understand your options.
Special Situations in Colorado
Colorado’s Comparative Negligence Rules
Colorado follows modified comparative negligence rules. This means you can still get money even if you’re partly at fault. But there’s a catch – if you’re 50% or more at fault, you get nothing.
Here’s how it works:
- You’re 20% at fault, you get 80% of your damages
- You’re 49% at fault, you get 51% of your damages
- You’re 50% at fault, you get zero
This is why evidence matters so much. The other side will try to blame you for the accident. A Colorado personal injury law firm knows how to fight these tactics.
Damage Caps in Colorado
Colorado limits some types of damages. These caps change, so current numbers matter.
Current Colorado limits include:
- Non-economic damages in most cases have caps
- Medical malpractice has special limits
- Government claims have different rules
- Punitive damages can’t exceed actual damages in most cases
Your lawyer will know current limits and how to maximize your compensation within the law.
Insurance Requirements
Colorado requires drivers to carry minimum insurance:
- $25,000 for bodily injury per person
- $50,000 for bodily injury per accident
- $15,000 for property damage
But these minimums often aren’t enough for serious injuries. That’s why uninsured/underinsured motorist coverage is so important. Check your own policy to understand your protection.
Common Mistakes That Hurt Your Claim
Talking to Insurance Companies Alone
Insurance adjusters seem friendly, but they work for the insurance company, not you. They’re trained to pay as little as possible.
Never do these things without a lawyer:
- Give a recorded statement
- Sign any papers
- Accept a quick settlement
- Admit any fault
- Guess about your injuries
Remember, anything you say can be used against you. Let your Denver personal injury lawyer handle these conversations.
Waiting Too Long to Get Help
Quick action protects your claim. Waiting hurts your case in many ways.
Problems with waiting include:
- Evidence disappears
- Witnesses forget details
- Injuries seem less serious
- Deadlines pass
- Insurance companies get suspicious
See a doctor immediately, even for “minor” injuries. Sometimes serious problems don’t show symptoms right away. Document everything from day one.
Posting on Social Media
Insurance companies hire investigators to check your online activity. They look for anything to reduce your claim’s value.
Social media mistakes include:
- Photos showing you active when claiming injury
- Comments that contradict your claim
- Admitting any fault in the accident
- Discussing your case or settlement
- Even “checking in” at locations
Stay off social media until your case settles. If you must post, assume the insurance company will see it.
Final Thoughts
Understanding what counts as a personal injury claim is the first step toward getting justice after an accident. Whether you’ve suffered physical injuries, emotional trauma, or both, you have rights when someone else’s carelessness causes your pain. From car crashes and slip and falls to medical mistakes and product defects, the law protects victims in many situations.
Remember, you don’t have to figure this out alone. Every injury is different, and the law can be confusing. That’s why talking to an experienced personal injury lawyer makes such a big difference. They know how to prove your case, calculate fair compensation, and fight insurance companies that try to pay less than you deserve.
If you’ve been hurt in Colorado, don’t wait to get help. Contact CO Trial Lawyers today for a free consultation. Our caring team will listen to your story, explain your rights, and help you get the money you need to heal and move forward. You don’t pay anything unless we win your case, so there’s no risk in finding out what your claim is worth. Call now and let us fight for you.