Mann &
Maximon

Colorado Personal
Injury Lawyer

Colorado Personal Injury Law Firm

At Mann & Maximon, we’re dedicated to helping those who have been affected by a personal injury by helping to rebuild their lives. Whether you, a family member, or someone you know was injured, you are entitled to make a personal injury claim in Colorado.

Stuart and Josh, at Mann & Maximon, have been devoted to representing people injured in Colorado for over 25 years. We represent everyday people hurt in car accidents, slip-and-fall injuries and bicycle accidents, among many other areas. We work with our neighbors, friends, and people in our community-we don’t represent big insurance companies. 

Let us work with and negotiate with the people who hurt you and their insurance companies so you can focus on continuing to live your life. You don’t have to deal with these issues alone. 

Although every case is different, we often discuss the following topics with our clients when it comes to personal injury claims in Colorado.

FAQs

  • What is a personal injury lawsuit?

    Personal injury lawsuits are legal disputes that can arise when someone suffers harm from an accident or injury, and someone else may be legally responsible for that harm. In legal terms, a personal injury means someone suffered damages to the body, mind, or emotions.
     

  • Who am I actually suing in a personal injury claim?

    When you file a personal injury claim, you’re making a claim to the defendant's insurance company and not the defendant themself. Money that you’re asking for would be paid by the defendant’s insurance company and not the actual person who caused you harm. 

    Dealing with insurance companies is a complicated and time-consuming process - from a legal standpoint, hiring a personal injury lawyer brings a lot of clarity to the situation and can help you recover the maximum amount of damages. 

  • Do I even need (or want) a personal injury lawyer?

    If you were injured and wanted to represent yourself in a personal injury claim, you have that right. Dealing with the defendant’s insurance company (and not the defendant themself) is a complicated and time-consuming process; having an attorney on your side is almost always the right choice. Insurance companies have teams of lawyers at their disposal with one goal in mind: settling cases for less than they’re worth. 

    A reputable personal injury lawyer understands how insurance companies operate and their tactics and can help determine the full amount of damages that you’re entitled to (more below).
     

  • How (and when) do I pay a personal injury lawyer?

    Most personal injury lawyers, including us, work on a contingent basis. This means that if you don’t get paid, we don’t get paid - period. Consultations are always free, so you have nothing to lose by talking with us about your case.

  • What can a personal injury lawyer do for me?
    1. Talk with you about what happened, what your options are, and help determine if you have a valid claim.
       
    2. If a valid claim exists, personal injury lawyers can open a thorough investigation as to the basis of your claim by gathering and reviewing evidence. If necessary, expert witnesses can be hired to support your claim.
       
    3. Determine who is at fault, to what degree, and why.
       
    4. Defend you against claims of shared fault (legally speaking comparative negligence-more below).
       
    5. Determine the full extent of damages that you have suffered (more below).
       
    6. Issue a demand letter outlining what happened, who’s at fault, and who owes what (what you’re asking for). 
       
    7. Review any settlement offers and discuss them with you.
       
    8. Negotiate with insurance companies about any settlement offers they might make.
       
    9. Represent you in trial, if it comes to that (more below).
  • What are the different types of damages in a personal injury claim?

    Compensatory damages are money awarded to a plaintiff to compensate for damages, injury, or another incurred loss. Compensatory damages are awarded in civil court cases (like a personal injury claim) where loss has occurred as a result of the negligence or unlawful conduct of another party. Compensatory damages include: economic, non-economic, and impairment damages.

    Punitive damages, or exemplary damages, are damages assessed in order to punish the defendant for willful and wanton conduct and/or to reform or deter the defendant and others from engaging in conduct similar to that which formed the basis of the lawsuit. Although not extremely common in personal injury claims, if the defendant’s actions are egregious, punitive damages can be sought.

  • What types of compensation can be awarded in a personal injury claim in Colorado?

    In personal injury cases, monetary damages are paid to the person injured (the plaintiff) by those who caused the harm (the defendant and their insurance company). These damages are calculated on what the injuries ‘cost’ from a physical, mental and/or emotional standpoint. Typically, damages fall under three categories (with one exception): Economic Damages, Non-Economic, and Impairment Damage. Some common areas in which damages can be determined by include:

    Economic Damages

    • Medical treatment - this can be either treatment that has already occured and/or to cover future treatment and expenses.
       
    • Income - if your injuries caused you to miss work, this money can likely be recovered. Additionally, if an accident prevented you from making additional money in the future, that can also be considered. Legally speaking, this is usually deemed loss of earnings or earning capacity.
       
    • Property loss or damage - vehicles, bicycles, cell phones, computers and even clothes can be considered.

    Non-Economic Damages

    • Emotional distress - typically a factor in very serious or catastrophic personal injury claims, monetary damages can include the emotional and physiologic impact of injuries, for example, sleep loss, fear, anxiety, stress, etc.
       
    • Loss of consortium - in personal injury cases, these damages typically stem from how injuries affect a relationship between, for example, a husband and wife. Examples include the loss of companionship and being unable to maintain a sexual relationship.
       
    • Loss of enjoyment of life- if areas such as your hobbies, interests or recreational activities have been affected/limited by your injuries, you may be entitled to monetary compensation in the form of loss of enjoyment of life damages.
       
    • Pain and suffering - if you suffered pain and/or serious discomfort as a result of your injuries, you may be able to recover pain and suffering damages. These can also cover future pain and suffering.

    Physical Impairments

    Within the state of Colorado, physical impairments and physical disfigurement are categorized separately from economic and non-economic damages. This includes damage for scarring in addition to other physical impairments, such as cosmetic disfigurement, disruption of bodily function and/or internal organs’ natural process, neurological damage, and other impairments. Based upon your level of impairment or disfigurement, you may be entitled to recover these impairment damages.

  • How do I know if I have a valid claim after an injury that wasn’t my fault? Do I even have a case?

    There are a number of different situations that can be grounds for a personal injury claim: car accidents, construction site injuries and slip-and-fall injuries, to name a few. It’s always free to call us to discuss your situation. Typically, a valid claim exists if the following criteria are met:

    • Someone owed you a duty of care (examples include another driver on the road, your employer, or a store owner).
       
    • The at-fault party did not exercise reasonable care. An example would be another drivercausing an accident because they were speeding or driving under the influence (DUI).
       
    • This negligence (not exercising reasonable care) directly resulted in you being injured.
  • What happens if part of the accident and/or injuries was my fault?

    Accidents happen, and sometimes they’re completely unavoidable. That being said, someone is usually at fault. But what if, for example, one driver was speeding and the other driver was texting and driving? Both contributed to the accident, so are both at fault? How much fault? Who decides? In Colorado, if a case involving a liability dispute goes to trial (more below) the jury gets to decide what percentage of liability is assigned to what parties. 

    Colorado operates under a modified comparative negligence law, meaning that a plaintiff’s damages gets reduced by the plaintiff’s percentage of fault for the wreck or accident. However, if the plaintiff’s fault is greater than or equal to the combined fault of the defendant’s, the plaintiff gets nothing.

    Example: if a jury finds you to be 40% liable for an event that caused your injuries, you can only recover 60% of the total damages. This gets much more complicated when there are multiple defendants involved (like in a multi-car wreck), so it’s even more important to work with a personal injury attorney that can define and assign fault appropriately. 

  • Who can file a personal injury claim in Colorado?

    Anyone. If you or someone you know was injured as a result of someone else's negligent actions (see above), a personal injury claim can be filed.

  • How long do I have to file a personal injury claim in Colorado after my injury?

    Each state sets its own rules, called the statute of limitations. In Colorado, you usually have two years from the date of your injury to file a personal injury claim. In some cases, this could be two years from the date you actually discovered your injuries, which may be different from the date of the event or, legally speaking, the date of loss. When it comes to car accidents in Colorado, you have three years to file a personal injury claim. 

    No matter what the statute of limitations in your case is, you should speak with a personal injury attorney as soon as possible, even if you’re not sure how you might proceed. Skilled and experienced attorneys can do a better job building your case the earlier they’re involved.

  • How long will this process take?

    There isn’t one answer and ultimately, this can depend on you. Insurance companies almost always offer an initial ‘low-ball’ dollar amount to settle quickly. Many times, this amount isn’t even close to what is actually recoverable or what you deserve. If you suffered serious injuries it may be impossible to tell soon after the accident what future care and medical bills will look like.

    As your personal injury lawyer builds up the case to request the full amount of recoverable damages, the defendant insurance company will likely draw out negotiations with the hope that you will accept a low offer, because you’re tired of waiting. Frankly, this process can be tedious and patience is key. The defendant wants you to settle for less than you deserve - that’s their job. Our job is to recover as much as legally possible and sometimes, that takes time.

    Remember, you are always in control of this process and if you decide to accept an offer at any time, you have that right. 
     

  • Does my case have to go to trial?

    In truth, most personal injury claims do not go to trial but settle outside of court. Although, it may take some time to get an appropriate pre-trial offer for your case -part of a personal injury attorney's job is to negotiate with the defendant’s insurance company here as it’s usually in their best interest to settle before trial - more so if your case is especially strong. You have the final say on what offers you will or will not accept and if you don’t accept any, your case is likely headed to trial. 

    It is EXTREMELY important to work with a personal injury lawyer that has a reputation for taking cases to trial, even if you decide you don't want to. 

    If the defendant’s insurance company knows your lawyers usually settle without putting up much of a fight, they will absolutely try to take advantage of you. Here, a strong offense is usually the best defense. For the defendant’s insurance company, a strong defense is usually the best offense. 
     

  • When would a case likely go to trial?
    • When liability is contested - if parties cannot agree on how an accident happened or who is at fault, they may not produce any settlement offers. This usually results in a case going to trial.
       
    • When there is a disagreement about your damages - if parties cannot agree on the type and/or amount of your damages, for example, maybe you had a pre-existing condition and the defendant placed too much blame on that, your case may go to trial.
       
    • When the settlement offers are too low - the defendant’s insurance company will almost always offer numerous ‘low-ball’ offers hoping that you’ll accept less money than you’re asking for. It’s their job to settle cases for as low as possible, and oftentimes they succeed. It’s your personal injury lawyer’s job to recover as much as legally possible for you. 

At Mann & Maximon, We're Different - Speak With an Experienced Personal Injury Attorney Today

We realize the thought of calling a personal injury lawyer might raise questions, or maybe you’ve worked with a subpar attorney before.

At the end of the day, the defendant’s insurance company and their lawyers’ want to settle your case for less than it’s worth as that is part of their job.

If you decide to hire a reputable personal injury lawyer, their job is to maximize the value of your case and be prepared to go to trial, if it comes to that. We’ve done this at Mann & Maximon for over 25 years. Our adversaries recognize and respect us as lawyers-they are aware that we prepare every case as if it were going to go to trial. This alone gives us a competitive advantage over many of our peers. Insurance companies know how to spot vulnerability on the plaintiff’s side and will do everything they can to exploit that and pay you less than you deserve. 

Hire an attorney that you trust and feel good about and one that has a proven track record of competing with large insurance companies and their lawyers. 

Contact us today - it’s always free to discuss your case, and we never get paid unless you do. We’re here to help you get what you legally deserve. 

Stuart Mann and Josh Maximon in front of office