Helping You Determine Whether You Have A Personal Injury Claim
Personal injury cases can be complex, and recovering compensation can be a long, drawn-out process. Just because you have an injury does not mean you have a personal injury case. You still need to establish a number of other elements as well.
What Are The Requirements For A Personal Injury Action?
There are a number of questions you need to ask yourself before filing a personal injury claim. Without answering these questions, the court is liable to dismiss your claim. These questions can include:
- Did you actually suffer an injury? Property damage is not sufficient for bringing a claim.
- Did someone else cause the accident? Without demonstrating the existence of negligence by another person or a business, it’s likely your claim will not go forward.
- Did the accident lead to some sort of demonstrable damage? Damages can include medical expenses, out-of-pocket expenses, and lost income or wages due to your injuries. However, the court will not limit your damages only to financial loss. It can also include pain and suffering, emotional trauma or distress, and the loss of the enjoyment of your life.
Establishing proof is the difficult factor. You cannot just testify that your injuries were the fault of someone else. To do this, you will need to have evidence and witness testimony.
Demonstrating pain and suffering and emotional distress can be even more difficult. It could mean having a doctor or physician testify on your behalf. In some instances, it can mean having you and your spouse or significant other testify in deposition and at trial about how the injuries caused you to suffer. This means your testimony will have to be believable to a judge and jury.
Having The Right Legal Representation On Your Side
We do not recommend that you represent yourself in a personal injury matter. To begin with, time is of the essence and it’s very possible you will miss a number of court-ordered deadlines. Second, if your case is thrown out, you may not have another opportunity to file. For this reason, the advice and counsel of an experienced lawyer is necessary.
Attorney Brian S. MacKenzie of MacKenzie Law Firm, in Denver, has over 20 years of experience representing Colorado clients in personal injury cases. He understands Colorado court requirements for filing of cases. It is his practice to take immediate action on any case while communicating developments to those he represents.
Also, Brian MacKenzie can counsel you regarding your legal options. He can provide a frank assessment regarding your chances of prevailing in a personal injury claim.