Mann &
Maximon

The Most Common Types of Lawsuits

In most instances, personal injury cases can be settled without the need for a lawsuit. Our law firm does everything we can to settle a case before filing suit. However, we prepare cases as if they are going to trial with the knowledge that being prepared for trial often results in better settlements for the client.  

However, when a lawsuit is required, depending on your circumstances, many different types of lawsuits can be filed to recover the damages you deserve. 

Types of Lawsuits

Personal Injury Lawsuits

You can file a personal injury lawsuit if you suffer an injury due to someone's negligent, careless or intentional behavior. In Colorado, there is comparative negligence which compares the negligence of the plaintiff to the negligence of the defendant. Colorado law requires you to prove that the defendant — the person or company that caused your injuries — is at least 50% responsible for your injuries. 

The following are common types of personal injury lawsuits.

Bicycle Accidents Lawsuits

If you get injured as a result of a bicycle accident, you can file a lawsuit against the people responsible for causing your injuries.

Colorado law requires both bikers and drivers to share the road. Specifically, bicycles have the right to a three-foot buffer while on the road. If you believe that another party was negligent or careless and caused an accident while you were riding your bicycle, you should consult with a bike accident lawyer.

The right bike wreck attorney will help you get the justice you deserve.

Wrongful Death Lawsuits

If a family member dies due to the negligence or misconduct of another, you can file a wrongful death lawsuit.

A wrongful death lawsuit may not be able to replace the loss of life, but it can hold those who contributed or caused the wrongful death accountable for their actions and help those who were left behind.

In Colorado, the spouse of the deceased may bring a wrongful death claim in the first year following the victim's death, and the children or the parents of the deceased may bring a claim thereafter.

However, there are some exceptions to this rule:

  • The surviving spouse can choose to allow the victims to file the lawsuit.
  • If the victim was single, the claim may be filed by a designated beneficiary or the victim’s heirs.

Car Accident Lawsuits

If you or a loved one was hurt during a motor vehicle accident as a result of the negligence or carelessness of another you can file a personal injury lawsuit against the people who were responsible for causing the accident. Car accident lawsuits include claims against truck drivers, bus drivers, motorcyclists, and any other vehicle driven on the road.

Common Elements of These Lawsuits

Negligence

In Colorado, negligence happens when someone fails to act in a way that a reasonably careful person would've acted in the same situation. If you are hurt or suffer economic damages as a result of their failure to act reasonably-that is, negligence, you can sue them.

Comparative negligence can operate to lower the amount of damages that you can collect.  Comparative negligence is when you have contributed to causing the accident that hurt you. For example, let's say you're a driver who was speeding at the time you were struck and injured by another driver. Since you may have contributed to the accident by going too fast, your damages may be reduced in proportion to your share of the fault. If a jury finds that your negligence is greater than the other driver's, you may not recover any damages at all. There are some exceptions to this rule and you should consult with a personal injury lawyer regarding the specific facts of your case.

Statute of Limitations

Every state has strict time limits for filing lawsuits called statutes of limitations. They exist to remove the indefinite threat of a lawsuit and to ensure the reliability of witness testimony and physical evidence.

Colorado's statutes of limitation laws usually range from one to three years. In Colorado, motor vehicle accident cases have a three-year statute of limitations from the date of loss. Other personal injury cases may have a two-year statute of limitation period. You should discuss the specific facts of your case with a personal injury lawyer. To ensure that you meet this deadline, consider working with experienced Boulder, Colorado lawyers.

Deviation from Standard of Care - Negligence

A key concept in personal injury law, the standard of care, is the degree of competence or care that someone is expected to exercise in a particular role or circumstance. Courts and juries look at a defendant's deviation from the standard of care when determining whether a party was negligent in causing an accident or injuries. If an individual deviates from the standard of care for their given situation, they may be found liable for any resulting injuries.

For example, let's say that you were involved in an automobile accident, and the person who caused the crash was a severely nearsighted motorcyclist who was not wearing glasses when the accident happened. Since a reasonable nearsighted motorcyclist would've worn glasses while driving, they would be considered negligent and thus, will be held responsible for your injuries.

Damages

Under Colorado law, you can recover damages for your losses. Colorado law allows recovery for economic and non-economic losses.

Economic damages include monetary losses, such as medical bills, lost wages, and property damage. You can prove these damages through bills, receipts, wage loss records, and invoices.

Non-economic damages refer to losses that are harder to calculate. They include the following injuries:

  • Emotional stress
  • Pain and suffering
  • Inconvenience
  • Impairment of the quality of life
  • Physical disfigurement or physical impairment

How to Find a Lawyer for Your Type of Lawsuit

Finding the right Colorado lawyers for your personal injury or car accident case or any other type of lawsuit can be difficult, particularly if you've never filed a lawsuit before.

If you're looking for lawyers in Boulder, Colorado, we at Mann and Maximon are here to help. We have over 50 years of combined experience in helping people rebuild their lives after life-altering accidents. Our initial consultations are always free, so you have nothing to lose by talking to us about your situation. If you decide to partner with us, you don't have to pay until and unless we win.

Contact us today to learn more about how we can help you.

Contact Us For a Free Initial Consultation

In almost all the types of cases that we handle, contingent-fee representation is available. This means that we only get paid if and when you do. There is absolutely no cost or obligation to you for an initial consultation; we are here to help you.

Call our office at 303-991-2233 or use our online contact form to get in touch with us today.