When you suffer an accident or injury, you may feel shock, fear, and sadness. If the injury or accident was not your fault, you may also experience anger, resentment, and even guilt for feeling that way. As time goes by, whether minutes or months, you will likely wonder what legal remedies are available to you. In other words, you may wonder if you have “a case.” That is the question on the minds of most of the people who call our personal injury office.
Several Factors to Ponder
Many factors contribute to having “a case.” The primary factor, however, is liability. Liability is the determination of who or what caused the accident or injury. In order for a legal argument (a “case”) to be made, the accident or injury must have been caused by either the actions or negligence of another. In other words, if someone else deliberately acted in a way to cause harm (i.e. an intentional push or trip) or failed to act according to their civic duty (i.e. not shoveling the sidewalk in front of their business), the other party is likely liable for your injuries and you are likely liable for compensation.
The Extent of Your Damages
However, liability is only part of the equation. Another factor in determining whether you have a case will be the extent of your damages. “Damages” is a legal term that refers to the overall cost of your injury.
In Colorado, there are three kinds of injuries for which damages can be awarded:
- Economic damages: medical care and lost wages, both past and future
- Non-economic damages: pain, suffering, distress, inconvenience
- Physical impairment: permanent injury, scarring
In Wyoming, the law distinguishes damages slightly differently:
- Economic damages: monetary expenses, including medical care and lost wages
- Non-economic damages: subjective damages, such as pain and suffering
- Punitive damages: rarely awarded, only applicable if the individual who caused the injury to the victim did so with willful or malicious intent
For a case to be made, there has to be some kind of quantifiable damage. If you have not been harmed, physically or emotionally, there are no damages, and you likely do not have a case. However, if you have sustained an injury and another party is liable, your damages might include medical bills, lost wages, and suffering, and you likely have a case.
The Statute of Limitations
The last major factor to consider is the statute of limitations, which is the time frame in which your case must be settled or the right to sue is lost. Depending on the type of injury event and the state you live in, statutes of limitations can be matters of weeks or years. Because of this, it is always best to contact a personal injury lawyer as soon as you can after your injury.
Are You Still Not Sure?
Every personal injury case is different, and only an experienced personal injury attorney can tell you for certain if you have a case. Whether in person, by phone, or by Zoom, our consultations at Shafner Law are free and informative. If you need a personal injury lawyer in Colorado or a personal injury lawyer in Wyoming, contact us today for your free consultation. We want to get you the recovery you deserve.
Blog Disclaimer:
Nothing on this blog is intended as legal advice. For legal advice, contact a personal injury lawyer directly.