Frequently Asked Questions in Greenwood Village, CO
The attorney at Armitage Law
is pleased to provide the following answers to questions we frequently encounter as we handle personal injury and wrongful death claims in Denver and throughout Colorado. We hope this information is helpful to you. If you have other questions or require immediate assistance with a medical malpractice claim, automobile accident, or other negligence claim, please contact Armitage Law for a free consultation.
How long do I have to file a claim?
Generally speaking, in the case of a motor vehicle accident, you have up to three years from the date of the accident to file a lawsuit. In most other cases of negligence and medical malpractice, you have two years from the date of injury. These rules are not always as simple as they seem, and there are many instances when the time frame may be longer or shorter than you think. It is best to contact an attorney sooner rather than later to make sure that you do not miss an important deadline. It would be tragic to miss out on the chance of a recovery all because you missed the proper filing deadline.
There are other important reasons not to wait to contact an attorney. For instance, physical evidence and eyewitness testimony should be collected and recorded as soon as possible. Also, if you sign any papers or talk to the other party before you talk to an attorney, you may damage your case or waive important rights. It is always best to contact an experienced personal injury trial attorney as soon as possible after an accident.
Colorado law caps the amount of damages that can be awarded in a personal injury lawsuit. Currently, the cap on noneconomic damages is $468,010, but different rules apply depending upon the type of case and defendant, such as a medical malpractice case or a claim against a governmental entity.
In a case of wrongful death, Colorado law allows the plaintiff to elect a “solatium” compensation for noneconomic damages. A plaintiff electing a solatium does not need to prove or justify the amount of damages, but need only establish the defendant's liability in causing the death. You can still choose to try the damages issue instead. Current adjusted caps for wrongful death in non-medical malpractice cases are $436,070, or $87,210 for the solatium amount.
It is possible to actually recover twice the capped amount of $468,010, but doing so requires meeting a higher standard of proof and is not always possible. The value of your claim is based on many factors and can only be estimated after an investigation into the facts in your particular case. Contact our office for a free initial consultation.
How can I get medical care if I have no insurance?
Obtaining adequate medical care is likely your number one concern following an injury or accident. Even if you have health insurance, co-pays and deductibles can still run into the thousands of dollars for a serious injury. It is unwise to settle with the party until you are medically stable in order to receive the full value of your claim, and you generally will not receive any payments until the case is finally settled.
Even if you do not have health insurance, check your other insurance policies, such as an automobile or umbrella policy. These policies often have medical payments coverage (med pay) which you may be entitled to. You may also be entitled to workers' compensation, social security disability, or other government benefits. We can help you sort out your eligibility for various benefits. Also, if necessary we can provide your doctors with a letter of protection assuring them that they will be paid out of any settlement or verdict, which will allow them to continue to treat you without harassing you for payment or discontinuing care. Contact our office to find out how we can help you get the care and compensation you need and deserve.