How Are Personal Injury Damages Calculated?

In injury cases, the statute provides that damages can be recovered for medical or funeral expenses for the injured party and losses of income. There are also statutory caps on noneconomic damages in most personal injury lawsuits.

The plaintiff has to show an actual monetary loss as a result of the defendant’s negligence. The jury will then determine how much money would reasonably compensate you for your injuries and damages. You should present documentation of past, current, and future economic losses such as:

• Loss of earnings/income

• Lost opportunities (present and future)

• Medical expenses related to treatment after the accident

• Cost of home modification if applicable (special equipment, ramps, etc.)

If you suffered physical impairment from your injuries and require surgery/physical therapy beyond several months, you should anticipate future economic losses. For example, if you sustained a permanent injury to your back and require surgery which causes 6-months of physical therapy extending into the future at an anticipated cost of $500 per month ($6,000 total) for the next year or two.

• Vacation time lost. If you were injured on vacation (say a boating accident), how much can you claim as a loss of enjoyment of that vacation? It may not be covered by your travel insurance policy but is recoverable in court from the person or company who caused the accident.

Noneconomic damages are generally capped depending upon the circumstances and type of case involved. Colorado car accident cases have no cap on noneconomic damages, but the cap applies in other personal injury cases.

Hearing loss (caused by the negligence of another) is one of the most difficult kinds of damages to prove because, in many cases, there is no objective way to measure a person’s hearing loss. A hearing test (audiogram) is probably the best way to document a person’s pre-accident hearing ability. However, such tests are usually performed for health purposes rather than in connection with an accident.

The statute requires that an injured victim must show actual monetary loss caused by the defendant’s negligence. Unless you can establish your lost wages from past and future work losses, it may be difficult to recover substantial damages in a case involving hearing loss since there is no proof of lost earning capacity or permanent disability without showing impairment of other major bodily functions which would affect employment opportunities in the future.

If there was only a momentary shock without any serious injury suffered by the plaintiff, noneconomic damages cannot be recovered by him or her unless the defendant was guilty of some conduct that aggravated the injury or did something to make it more difficult for the plaintiff to recover.

Colorado does not have a cap on noneconomic damages in car accident cases. This means that anyone who is injured as a result of another’s negligence can be fully compensated even if his or her injuries do not manifest themselves until years after the accident. This is particularly important in situations involving brain or spinal cord injuries, as such injuries often do not manifest themselves immediately.

An experienced personal injury attorney will help you get the compensation deserved.

Common Construction Site Injuries to Look Out For

There are so many accidents that happen on construction sites. Sadly, most of these accidents will lead to severe injuries, and in extreme cases they can be fatal. Generally, construction sites have so much equipment, machinery and moving objects. This is the main reason why there are many possible accidents and hazards that may occur. In this article we will look at some of the common injuries that one may suffer in a construction site.

Falling Injuries

There are many people who end up tripping, slipping and falling when in construction areas. In most cases, workers, as well as visitors, may end up falling due to damaged surfaces, unprotected areas and poor conditions. Sadly, some of these accidents will not only result in injuries but can also be fatal and this is why it is imperative to be cautious when in such places. The property owners also have a duty to ensure that the hazards are minimized. If you are injured you need to engage a personal injury lawyer to assist with the claims.

Being Hit By Objects

There are tons of construction objects, materials, tools and equipment which are in use on constructions sites. Unfortunately, these end up causing severe injuries and even death. You may be struck by a falling tool or equipment that is misplaced. These are catastrophic injuries, which can leave you with permanent disabilities. Such injuries can end up altering your life completely and you need to have an experienced lawyer to help you seek compensation so as to recover from such damages.

Caught by Machines or Equipment

There being so many moving machines and equipment, the operators and other workers may be caught in these machines. The machine can end up squeezing, crushing or even cutting the person who has been caught. In other cases, a person’s outfit may be caught in the machines and end up being pulled inside the machine. The results can be catastrophic and it is advisable to wear protective clothing when in such areas.


In the construction sites, there are different power connections to power equipment and machines. As such, there are a number of electrical hazards presented in the industry and they can lead to serious injuries. There are instances where poor connections would be the cause of injuries. However, in other cases, it will be a genuine accident caused by different electrical objects. Some of the injuries include burns, cardiac arrests and electric shocks among others.

Get a Personal Injury Attorney to Help

Workplaces are meant to provide a source of livelihood to most people. However, some of these places like construction sites are a safety hazard in so many ways. There are so many injuries recorded in such areas. Determining who is at fault and getting the right compensation may be a tall order for most people. If you or your loved one has suffered such injuries, you should get in touch with a personal injury lawyer so that they can help you seek damages for the injuries.

Top 5 Tips for Finding the Right Personal Injury Attorney

Getting involved in an accident is not a pleasant experience and as such, most people get confused about how to deal with such issues. The best way to handle a personal injury matter is to hire a professional personal injury lawyer. However, you should ensure that you have sought medical treatment as your personal injury is paramount. The treatment and recovery process takes so much in terms of time and finances and this is why you should file for claims.

You must have heard that the best way to get compensated for accident injuries is by hiring a professional personal injury attorney. If you are searching for a lawyer, this guide will help you find the right attorney for your personal accident case.

Here are the top 5 tips for finding the right personal injury attorney:

  • Experience

There are so many law firms and legal experts that offer different services. When it comes to personal injury matters, you need to find a lawyer with the relevant experience for your specific case. Personal injury is a broad category in itself and this is why you need to be specific when searching for a lawyer. A medical malpractice attorney may not have experience in auto accident matters. Having the right lawyer makes the process of getting your compensation easier and faster.

  • Proved Track Record

It is worth noting that there are so many people who create some very appealing websites to attract customers. Such cases also apply to lawyers, and as such, before hiring lawyers ask them for references of previous cases. With such information, you can be able to tell if they have handled cases that are similar to yours in the past and the outcomes they got.

  • Service Guarantee

When you are an accident victim, every single coin matters and you should look for ways to protect your finances. A good personal accident attorney will give you free consultation and will not take any money if they lose the case. Ask the lawyer to give you a guarantee for their services so as to be sure that you are not taking any risk by hiring them.

  • Honest and Open Communication

Choose an attorney who is honest and has open communication. You do not want a lawyer that you cannot reach when you need to talk to them. For personal injury claims, you need a lawyer that will keep you updated at all times.

  • Skilled and Versatile

Look for a lawyer who have versatile skills as they will be of great value. This means that they are able to come up with different approaches to your case so as to ensure you get the highest settlement possible.


If you are looking for a personal injury attorney, follow these tips that we have shared. This will help you make an informed decision and get a lawyer that will attend to your needs in a professional manner.…

When to Contact a Lawyer After Slip and Fall Accident?

When you suffer injuries after slip and fall accident, you should file for damages. There are many expenses which you will incur including medical expenses and other related costs. In addition to this, the injuries may hinder you from going to work or running your business. This translates to loss of income during the time you will recovery. You may need to engage the services of a caregiver to take care of you or your loved one. The biggest question that most people ask is when it would be an ideal time to contact a personal injury lawyer after the accident. Please read on to understand about the claims to make.

Slip and Fall Injuries Claims

The type of claim that you will make will depend on a number of things. Ideally, this is meant to help you with the recovery after the accident. There are no two claims which are the same and this is why it important to contact a lawyer right after the accident. Some of the factors that the lawyer will put into consideration include, did you fall in public or private premises? Was it at your workplace? Is the injury work-related? Did it happen during or after work hours? All these are essential questions to be answered before any legal action is taken.

Most people cannot ascertain how much compensation is due to them and this is why it makes sense to hire a personal injury lawyer immediately. When you have a qualified slip and fall lawyer, they will be able to look at all the details of the accident and the nature of the injuries. The loss of possible income and other treatment costs will be part of the claims made. A lawyer works on your behalf and will ensure that the insurance claim is filed for the correct compensation amount. You will have a better chance of getting a fair settlement when you have a personal injury attorney.

What to Do After a Slip and Fall Accident

There are several things that you should do after a slip and fall accident. However, the most important thing is to seek medical attention. Your safety and health is important that any form or compensation. The next thing would be to contact a personal injury lawyer right away. While doing this, you should try to gather as much information as possible about the accident. The advantage of hiring a slip and fall lawyer immediately is that they are able to investigate the matter and put up a strong case on your behalf.

Final Remarks

When you or your loved one has suffered injuries as a result of slip or fall, it helps to hire a personal injury lawyer to assist you. Choosing qualified lawyers for personal injury claims will make the process easier for you. You can focus on the recovery while your lawyer takes up the issue of pursuing the claims. In short, contact a lawyer as soon as the accident happens.…

What Legal Injuries Can a Misdiagnosis Cause?

Misdiagnosis is one of the medical malpractice issues, which seems to reduce the survival rate. Most people are not aware that there are legal remedies that you can pursue after a misdiagnosis affects the quality of your life and health. Delayed diagnosis can also force patients to suffer more chronic conditions, which would have otherwise been avoided. These are compensable injuries and an experienced medical malpractice lawyer should help you file such claims.

The legal injuries that are caused by a misdiagnosis are not necessarily caused by the treating doctors. In most cases, physicians depend on the diagnostics given by pathologists, radiologists, and other medical research experts. As such, when a doctor mistreats you due to misleading information the medical officer responsible for the diagnosis will be held liable. The doctor treating you may also be liable for medical malpractice if it is proved they did not verify the data.

Misdiagnosis without Medical Injuries

There are other medical experts who offer other services like mental health experts, psychologists, and dentists. These are professionals who can also give a misdiagnosis that may not cause any medical injuries. Nonetheless, these are professionals who are expected to meet the standard care when handling patients. In the event that it is proved that they did not act in a prudent and reasonable manner while treating patients, they can be held liable.

As a patient, you are entitled to compensation for the claims. In the event of death from such misdiagnosis, the estate can claim for medical malpractice and also file for wrongful death claims separately.

What to Do After a Misdiagnosis

Your personal safety and health are more important than any claim for damages. As such, the first thing you should do is seek the proper treatment for the initial condition and the misdiagnosis. Get several opinions where necessary before making any conclusions.

As far as the claims for misdiagnosis go, you should contact a medical malpractice attorney right away. It is important to note that such claims are subject to some statutory limitations and time is of the essence. With the help of a professional medical malpractice lawyer, you will get the right compensation and within the stipulated time. The good news is that when you have a lawyer working for you, your focus will be on your treatment and recovery.

There are some essential details which are required as supporting evidence for your claims. Some of these include hospital records, consultation reports, doctor’s notes, and X-rays among others. It is important to keep all the information intact until the case is resolved. When you need to pursue claims for medical malpractice, have a professional lawyer to help you navigate the claim process.

Final Thoughts

General, the legal profession is quite complicated. As such, it is best to hire a lawyer who can help you with the process right from the start. We hope that this article has helped you get some understanding about legal injuries caused by misdiagnosis.

What does personal injury lawyers do?

A personal injury attorney is a professional legal service provider that represents someone who has been injured either psychologically or physically due to negligence or carelessness of another person, company, or entity. This includes damages and actions of breach of contract to a person’s rights, reputation, or property. 

A personal injury attorney negotiates for compensation on behalf of the injured person. The main role of an attorney is to help the injured to receive compensation for the losses they have been caused by the injury, including pain & suffering, emotional distress, inability to work, medical treatment, loss of income, and much more. 

What type of injury cases does a personal injury attorney work on? 

Some common type of injury cases that a personal injury attorney handles include;

  • Bicycle or motorcycle accidents 
  • Animal bite injuries 
  • Car accidents 
  • Boating accidents 
  • Brain injuries 
  • Burn injuries 
  • Medical malpractice 
  • Pedestrian accidents 
  • Spinal cord injuries 
  • Defective products 
  • Construction accidents 
  • Bad faith claims 

And much more! You should consult your attorney and find out the type of personal injury they deal with. 

What are the roles of a personal injury attorney? 

Ultimately, a personal injury attorney represents the client’s settlement interests through legal processes. Depending on the complexity of the case, a case can be resolved quickly with negotiations with the respective insurance company. If negotiations fail, a case proceeds to trial. 

If you hire a personal injury attorney, here are some of the roles he or she’ll play on your case;

  1. Gathering evidence 

Your injury attorney will be responsible for gathering all the necessary evidence required to resolve your case. This may include collecting witnesses’ evidence, police reports, medical records, and much more. 

The lawyer is also responsible for evaluating the other parties’ liability by reviewing statutes, case law, and legal standards to make a realistic and strong case. 

  1. Negotiating on behalf of the claimant 

Your injury attorney will be responsible for negotiating your claim settlement with the insurance company. The attorney will review your case, determine the amount of compensation that your case is worth, and fight for you to receive the settlement that you deserve. 

The attorney will determine the full extent of your injuries or damages. It will be easy if your attorney has prior experience that relates to the case. If the case isn’t resolved by negotiation with the insurance company, your attorney will be responsible for filing for a law-suit. 

  1. Representing you in court 

Your attorney will represent you in all legal processes in a bench trial. After judgment, the attorney will execute all the necessary documentation, including the dismissal orders, among other closing documents. 

The attorney will also receive the settlement check and then distribute the funds to the plaintiffs. You should discuss with your lawyer ahead of signing the contract about the attorney’s fees and case expenses. Most lawyers ask for a contingency fee of between 25% and 40%.


If you are looking for a personal injury attorney to take on your case, make sure you go for the best. A good lawyer should be experienced, highly educated, qualified, and have affordable terms.