If you’re going through a lawsuit, navigating the legal arena can sometimes feel like speaking a different language – especially if you’re unfamiliar with legal terminology. Our personal injury lawyers have compiled a list of the most common phrases and words used in personal injury cases. If you need help translating your personal injury case, reach out to Rocky Mountain Injury Law for a free consultation.
The legal concept in which a party, typically an insurance company, acts in an intentionally dishonest or deceitful manner in relation to a contract or legal obligation. This can include failing to investigate or pay valid claims, hiding or altering evidence, or making false statements. There are also a lot of practices that some people consider to be implicit in the insurance process that can also be constituted as bad faith, like refusing to answer phone calls, emails, and messages.
Examples of Bad Faith for insurance companies are:
These examples are not comprehensive. If you suspect that you may be a victim of insurance bad faith, contact Rocky Mountain Personal Injury Attorneys for a free consultation.
Any injury resulting from riding a bicycle. If the injury transpired as the result of someone else’s negligence, you may be entitled to financial compensation. Colorado Revised Statute 42-4-1412 states that cyclists have the same rights and duties as that of any driver of any other vehicle.
Bicycle accident claims are typically handled by the at-fault driver’s insurance company, and will often dispute your injuries, deny your claim, or even refuse to pay for your damages. Having a personal injury attorney on your side will help ensure that the insurance company pays what it needs to.
Common bicycle accidents where the driver of a car is at fault include:
If you are the victim of a cyclist/vehicle collision, contact Rocky Mountain Personal Injury Attorneys.
A type of lawsuit in which a plaintiff or plaintiffs file a suit on behalf of themselves and as representatives of others. They are typically filed to hold a company accountable for the liability of its products. These lawsuits are different from Mass Tort lawsuits because it involved multiple plaintiffs grouped together in one lawsuit (see: Mass Tort). These plaintiffs typically share lawyers, court dates, evidence, and legal strategies. They will also share the settlement amount.
Examples of class action suits you may be familiar with include:
Any injury resulting from a dog bite. Colorado’s dog bite statute states that a person who sustains a serious bodily injury or death after being bitten by a dog while lawfully on public or private property is entitled to bring a civil case against the owner of the dog. As a strict liability state, the injured victim can recover damages from the owner of the dog regardless of whether the owner was negligent or knew the dog could be dangerous.
There is a strict time limit on the victim’s right to file a lawsuit for a dog bite injury. In most cases, you will have no longer than two years from the date of the attack to file a personal injury claim. The potential exception is for an injured minor, wherein the minor typically has two years from the date of their 18th birthday to file a claim. Missing the deadline almost always results in losing the right to recover damages from the dog’s owner. If you have sustained a dog bite injury, don’t wait. Schedule a free consultation with Rocky Mountain Injury Lawyers today.
A lack of care that demonstrates a reckless disregard for the safety of others. This is a more serious charge than ordinary negligence, as it implies an extreme neglect. It is typically considered to be purposeful behavior rather than simple thoughtlessness. If the defendant’s conduct is particularly egregious, you may be entitled to punitive damages as well as compensatory damages in the case of gross negligence.
Examples of gross negligence include:
If you have been a victim of someone else’s gross negligence, having an experienced personal injury attorney on your side can make all the difference in bringing you justice.
A civil wrongdoing that harms or injures multiple plaintiffs, typically on a large scale. Unlike a class action suit, mass torts are not single cases. Rather, they are groupings of individual lawsuits alleging the same issues against the same defendant(s). In the eyes of the court, each plaintiff is independent of the others. Thus, the recovery that each plaintiff receives is determined by the court to reflect the extent of each plaintiff’s damages.
Common types of mass tort lawsuits include:
A type of injury/illness caused by exposure to toxic mold. The inhalation of mold spores and mold particles can often trigger an allergic reaction. Furthermore, exposure to toxic mold can cause respiratory problems, flu-like symptoms, headaches, and skin irritation. The removal of mold typically requires the destruction of all infected materials, like sheet rock, floorboards, and furniture. If medical treatment is needed, this will be included in the damages.
Typically, mold lawsuits are filed against parties such as:
If you have suffered an injury or illness due to exposure to toxic mold, contact Rocky Mountain Injury Attorneys to see what damages you can recover.
A car accident involving three or more cars. Insurance claims for these accidents are often difficult, as determining liability is tricky. Colorado’s fault-based insurance law is used to determine liability, and says that the driver or person most at fault for causing the crash will pay for the damages using their liability coverage. Often, an investigation will need to occur.
Even if you are partially at fault, you can still recover some financial compensation for damages. Colorado’s comparative negligence law means that as long as your fault is less than the combined fault of all of the defendants, you can receive compensation reduced by your percentage of fault. To see what damages you can potentially recover, reach out to Rocky Mountain Personal Injury Lawyers today.
Also called “non-economic damages,” these are damages that can be recovered for trauma, or general suffering. For instance, if a person loses both of their legs in an accident, the economic damages would be meant to cover medical expenses, wheelchair purchases, etc. In this case, the victim would also be able to recover non-economic damages for the trauma of their injuries and loss of quality of life. An example of pain and suffering damages without a physical injury would be losing a spouse or child.
Though each pain and suffering dispute is different, potential things you may need to pay in court could be:
Don’t let your physical and mental wellbeing be deprioritized. We are the lawyers who listen and we want you to receive appropriate compensation for your pain and suffering.
A form of negligence action that holds owners of land responsible for injuries occurring on their property. These can include things like slip and falls, dog bites, falling from a deck/porch, among many others. Essentially, any personal injury sustained due to the negligence of the property owner could fall under premises liability. The types of damages a person can receive depends on the legal status he or she was at the time of the accident.
There are three legal statuses:
If you have suffered an injury due to the negligence of a property owner, contact Rocky Mountain Personal Injury attorneys to see how premises liability can help your case.
An injury sustained in a car accident involving companies like Uber or Lyft where passengers pay to ride in a driver’s private vehicle. These cases refer to passengers in a rideshare service rather than a driver who is injured in their car by an Uber/Lyft driver or the Uber/Lyft driver themself. Rideshare accidents are a bit more complicated.
The driver’s personal vehicle is involved, but Uber and Lyft both insure their drivers when providing rides under certain circumstances. In other cases, the driver’s personal car insurance will take the case. These complexities are why having a personal injury attorney on your side will help ensure that you get the settlement you deserve.
Any injury sustained while skiing or snowboarding. This can include:
In Colorado, the ski patrol of the resort will typically investigate any accidents and complete any accident reports. These reports can be extremely valuable for your claim, so be sure to get a copy of it. In the case of collisions, the at-fault party will typically be a skier or snowboarder, while the ski resort may be at-fault in the case of an equipment failure.
A loss of life caused by another party’s negligence. These cases are usually filed by the families or loved ones of the victim. In Colorado, a wrongful death action must be filed within two years of the victim’s death. Both economic and non-economic damages can be recovered in a wrongful death suit.
Who can file a wrongful death claim in Colorado?
The spouse of the deceased or designated beneficiary can file this at any point within the two years, while the children/heirs of the deceased must wait until the second year if there is a spouse of the deceased, unless given permission by the spouse. Parents can file a claim for wrongful death if there is no spouse, children, or designated beneficiary.