Can a Mild Concussion Lead to Long-Term Brain Injury?

Can A Mild Concussion Lead To Long-Term Brain Injury?

When it comes to brain health, understanding the impact of a mild concussion is important. Often, the seriousness of a mild concussion is overlooked, leading to unforeseen complications later on. At McCormick & Murphy, P.C., we have seen numerous cases where individuals have underestimated the severity of their concussion, only to face significant health challenges down the line. This blog aims to shed light on the potential long-term consequences of what may initially seem like a minor head injury.

What is a Mild Concussion?

A mild concussion, clinically known as a mild traumatic brain injury (MTBI), occurs when a blow or jolt to the head disrupts normal brain function. Symptoms can be subtle and may not appear immediately. They include headaches, dizziness, temporary loss of consciousness, confusion, and memory disturbances. Although these symptoms usually resolve within a short period, typically days or weeks, their impact should not be underestimated. In the initial aftermath of a concussion, it’s crucial to monitor symptoms closely, as they can evolve or worsen over time.

Immediate medical attention is vital following any head injury. A thorough assessment by a healthcare professional can rule out more severe complications and guide appropriate management to minimize potential long-term effects.

Risks of Underestimating a Mild Concussion

The term “mild” can be misleading when it comes to concussions. Even a seemingly minor head injury can have profound effects on brain health. When left unaddressed or improperly managed, mild concussions can lead to more severe health issues. One significant risk is the development of chronic traumatic encephalopathy (CTE), a condition often associated with athletes exposed to repeated head traumas. Symptoms of CTE, such as mood swings, memory loss, and cognitive impairment, may not become apparent until years after the initial injuries.

Another concern is post-concussion syndrome, where individuals experience persistent symptoms long after the expected recovery period. These symptoms can include ongoing headaches, dizziness, fatigue, and psychological impacts like depression and anxiety, greatly affecting one’s quality of life.

Understanding the Long-Term Effects of Mild Concussions

While the immediate effects of a mild concussion are well documented, understanding the long-term implications is equally important. Research suggests that repeated mild concussions can lead to cumulative brain damage over time. This damage can manifest in various ways, including changes in personality, difficulties in concentration and memory, and even physical symptoms like chronic pain and sleep disturbances. Moreover, individuals who have suffered from multiple concussions might experience a decline in brain function years later, which can affect their ability to work and maintain relationships.

The brain is a complex organ, and its response to injury can vary greatly from person to person. Factors such as the severity of the impact, the number of concussions, and the individual’s overall health play a role in determining the long-term outcomes of a mild concussion.

Legal Considerations for Concussion Victims

If you or a loved one has suffered a concussion due to someone else’s negligence, it’s crucial to understand your legal rights. In many cases, victims are entitled to compensation for medical expenses, lost wages, and pain and suffering. Our traumatic brain injury attorneys have extensive experience in handling such cases and can help guide you through the legal process.

Establishing the link between the incident and the long-term effects of a concussion can be challenging, but it’s essential for a successful legal claim. We work with medical experts to build a strong case, ensuring that our clients receive the justice and compensation they deserve. This process involves detailed documentation of the injury, medical records, and expert testimony to establish the full impact of the concussion on your life.

The Importance of Recognizing and Treating Mild Concussions

Understanding the seriousness of a mild concussion is the first step in preventing long-term damage. Whether you’re an athlete, involved in a motor vehicle accident, or have suffered a fall, recognizing the signs of a concussion and seeking prompt medical attention is crucial. Moreover, if your concussion is the result of someone else’s actions, it’s important to explore your legal options to ensure you receive adequate compensation for your suffering and losses. At McCormick & Murphy, P.C., we are committed to helping our clients navigate the complexities of concussion-related injuries. If you’re facing the aftermath of a concussion, don’t hesitate to reach out to us for support and guidance. We understand the challenges you face and are here to help you every step of the way.

January 2, 2024May 1, 2024

Can You Challenge an Insurance Company’s Decision in Bad Faith Cases in Colorado?

Can You Challenge An Insurance Company's Decision In Bad Faith Cases In Colorado?

When you file an insurance claim, you expect a fair and timely response. However, what happens when an insurance company doesn’t play by the rules? In Colorado, policyholders may find themselves battling against unjust insurance company tactics. This raises an important question: “Can you challenge an insurance company’s decision in bad faith cases in Colorado?” The answer is a resounding yes, and understanding your rights is the first step in this battle.

At McCormick & Murphy, P.C., we specialize in helping clients navigate the complex world of insurance claims and disputes. Our extensive experience with insurance bad faith cases in Colorado provides us with unique insights into how to effectively challenge unjust decisions made by insurance companies.

What Constitutes Bad Faith by an Insurance Company?

Bad faith in insurance terms refers to unethical or unfair practices by an insurer. This might include denying a claim without a reasonable basis, failing to conduct a proper investigation, delaying claim processing without justification, or offering significantly less money than the claim is worth. In Colorado, as in many states, insurance companies are legally obliged to act in good faith and fair dealings with their clients.

Identifying bad faith practices can be challenging, as insurance companies are skilled at masking their actions within the complexities of policy language and legal jargon. However, there are red flags that can indicate when an insurer may be acting in bad faith. These include unnecessary delays, lack of communication, refusing to pay a claim without a legitimate reason, or failing to provide a prompt and reasonable explanation for the denial of a claim.

Legal Grounds to Challenge an Insurance Company in Colorado

Under Colorado law, if you believe your insurer is acting in bad faith, you have the right to challenge their decisions. This can be done through a legal process where you can hold the insurance company accountable for their actions. Such legal action can be based on breach of contract, violation of state insurance regulations, or other legal theories related to unfair treatment and practices.

Challenging an insurance company requires solid evidence. It is crucial to maintain detailed records of all communications with your insurer, including emails, letters, and notes from phone calls. These records serve as evidence of the insurer’s actions and your efforts to resolve the issue. Additionally, gathering any documentation related to your claim, such as medical reports, repair estimates, and expert opinions, can strengthen your case against the insurance company.

The Role of an Attorney in Insurance Bad Faith Cases

Navigating an insurance bad faith claim can be complex and overwhelming. An experienced attorney can be an invaluable asset in these situations. They can help you understand your rights, gather the necessary evidence, and provide expert legal representation. Attorneys experienced in insurance bad faith cases, like the team at McCormick & Murphy, P.C., are familiar with the tactics used by insurers and know how to effectively counter them.

Having legal representation can also level the playing field, especially when going against large insurance companies with vast resources. Your attorney will handle all communications with the insurer, relieving you of the stress and burden of direct negotiation. They will also ensure that all legal procedures and deadlines are met, which is crucial in these cases.

Potential Outcomes of Challenging Bad Faith Insurance Practices

When you challenge an insurance company’s decision, several outcomes are possible. The ideal scenario is a settlement where the insurance company agrees to pay an appropriate amount for your claim. However, if a settlement is not reached, the case may proceed to court.

In court, you can seek compensation not only for the amount originally denied by the insurance company but also for additional damages caused by their bad faith practices. These may include emotional distress, legal fees, and, in some cases, punitive damages. Punitive damages are particularly important, as they are designed to punish the insurer for their misconduct and deter similar behavior in the future.

At McCormick & Murphy, P.C., we understand the challenges and frustrations of dealing with insurance companies acting in bad faith. We are committed to helping our clients receive the fair treatment and compensation they deserve. If you believe you’re a victim of bad faith insurance practices in Colorado, don’t hesitate to get in touch with us. Our experienced team will review your case, advise you on the best course of action, and stand by your side throughout the legal process.

November 27, 2023May 1, 2024

Dog Bite Lawsuits in Colorado: What Victims Need to Know

Dog Bite Lawsuits In Colorado: What Victims Need To Know

Experiencing a dog bite can be both physically painful and emotionally taxing. In Colorado, knowing your legal options is key to seeking justice and compensation. McCormick & Murphy, P.C., with over two decades of experience, offers this comprehensive guide to help you understand the complexities of dog bite lawsuits in Colorado.

When a serene walk in the park or a friendly encounter with a neighborhood pet turns into an unforeseen attack, the repercussions can be severe. In such instances, Colorado’s dog bite laws come into play, aiming to protect victims and hold pet owners accountable.

Unraveling Colorado’s Dog Bite Statute

In Colorado, the law regarding dog bites is built on the foundation of ‘strict liability.’ This legal framework holds dog owners responsible for injuries caused by their pets, irrespective of the animal’s previous behavior. However, this liability applies under certain conditions, such as the victim not provoking the dog and being lawfully in the place where the attack occurred.

It’s essential to note that while physical injuries are covered under strict liability, psychological or emotional trauma might require additional proof of negligence. This distinction is crucial in framing your legal strategy following a dog bite.

First Steps: Medical Care and Documenting the Ordeal

Immediate medical attention following a dog bite is imperative, not just for your health but also as a foundational element of your legal claim. Documenting your injuries – through photographs and detailed medical records—forms the cornerstone of your lawsuit. This documentation serves as indisputable evidence of the harm inflicted upon you.

Building Your Case: Collecting Evidence and Official Reporting

Strengthening your case involves meticulous evidence collection. Witness accounts, details of the incident, and a formal report to local authorities or animal control contribute to building a robust legal argument. These steps are instrumental in presenting a compelling case in court.

Seeking Recompense: Understanding Compensation in Dog Bite Cases

Victims of dog bites may seek various forms of recompense. This can range from reimbursement for medical expenses and lost wages to compensation for pain and suffering. The legal expertise of seasoned personal injury attorneys plays a vital role in accurately valuating these damages.

The Expertise of Personal Injury Lawyers

Traversing the legal terrain of a dog bite lawsuit requires skilled guidance. Attorneys specializing in personal injury law, like the team at McCormick & Murphy, P.C., offer invaluable assistance in such cases. They adeptly handle negotiations with insurance companies, prepare for court proceedings, and strive to ensure that victims receive the compensation they rightfully deserve.

Our attorneys understand the intricacies of Colorado’s dog bite laws and are committed to championing the rights of victims. We provide a blend of compassion and legal acumen, ensuring your voice is heard and your rights are upheld. Being subjected to a dog bite can upend your sense of safety and well-being. It’s crucial to arm yourself with knowledge about your legal rights and the steps you can take towards recovery and justice. If you or someone you know has been affected by a dog bite in Colorado, contact McCormick & Murphy, P.C. Our proficiency in personal injury law can guide you through your legal journey, helping you reclaim the compensation and peace of mind you deserve.

September 5, 2023May 1, 2024

Navigating Life Post-Collision: Unveiling the Possibility of PTSD

Navigating Life Post-Collision: Unveiling The Possibility Of PTSD

Automobile crashes don’t just impact victims physically but can also disturb them mentally. Statistics show that motorcycle and car collisions are among the top causes of PTSD. Also called post-traumatic stress disorder, nearly 39.2 percent of the survivors of motorcycle and car crashes develop this condition.

It usually happens when the survivor of the accident frequently replays the scene in their head. This tends to generate strong feelings that they can’t let go of,; hence, these lingering feelings could be a symptom of PTSD. Other symptoms of post-traumatic stress disorder are:

Flashbacks – Individuals with post-traumatic stress disorder may encounter traumatic events. They may feel as though they are re-experiencing it in the current moment. Such intrusive memories can pose serious challenges in executing their daily life activities.
Nightmares– Sleep disturbance may often take the form of distressful and intense nightmares related to the traumatic incident. These disruptions can result in insomnia, sleepless nights, and anxiety.
Anxiety– Survivors of traumatic events may find themselves developing an exaggerated startle response, where even minor stimuli can trigger an intense and immediate reaction. This heightened sensitivity can lead to a persistent state of apprehension as individuals remain on edge, anticipating potential threats in their surroundings. This pervasive emotional state can make life miserable.

Put simply, all these signs and symptoms can impact your mental health, and adversely affect your work, relationships, and overall quality of life if you don’t seek treatment. Therefore, if you suspect you may be experiencing symptoms of PTSD after a motorcycle accident, seeking professional help is vital.

How Can Mental Health Experts and a Lawyer Help?

Mental health experts can provide quality support and necessary therapeutic interventions to help victims cope with the traumatic effects. Simultaneously, it is important to work with an experienced Colorado motorcycle accident lawyer who can help you take the best legal action and ensure you get the compensation you deserve for both non-economic and economic damages.

According to the law, victims can file a compensation claim for mental anguish and emotional distress. Though the amount you receive depends on the severity of your suffering, it is nonetheless compensable.

Specializing in motorcycle accidents, at McCormick & Murphy, our seasoned Colorado motorcycle accident attorney can investigate the case in-depth to collect evidence to build a strong case. Moreover, we can negotiate with the insurer on your behalf ensuring you receive the maximum amount in compensation for hospital and therapy expenses, emotional distress (PTSD), and lost income. Our compassionate attorney understands the emotional toll of the incident; we don’t just provide guidance but also emotional support throughout the legal proceedings. So, call us at (719)800-9407 to schedule a free case evaluation. We will go the extra mile to get you fairly compensated for injuries and losses sustained in a severe motorcycle crash.

August 15, 2023May 1, 2024

Best Safety Tips to Prevent Motorcycle Accidents

Best Safety Tips To Prevent Motorcycle Accidents

Riding a motorcycle is exhilarating but dangerous too, if you don’t practice safety. Failure to take safety measures can result in an accident, and consequences can be severe. Therefore, make sure to prioritize safety so you can enhance your motorcycle riding experience while minimizing risks on the road. Here are some of the best ways to keep you safe:

Invest in Quality Motorcycle Protective Gear

The first line of defense for any motorcyclist is the protective gear. So, make sure to invest in top-quality gear, including:

A DOT-approved helmet
Durable gloves
A reinforced jacket and pants
Sturdy boots

Not only will proper gear provide physical protection, but it will also help you get noticed by other drivers sharing the road.

Prioritize Education & Training

Knowledge is a powerful tool in accident prevention, and we couldn’t agree more. Therefore, if you are new to riding a motorcycle, then it is advisable to enroll in a safety course for riders. It is truly a reliable and excellent way to enhance riding skills, learn defensive maneuvers, and stay updated on safety practices. Many courses also cover the nuances of riding in difficult weather conditions and on different types of terrains, thereby equipping with the right knowledge and preparing riders for diverse scenarios they may come across on the road.

Prioritize Rest- Pit Stops

Particularly on extended journeys, it’s crucial to incorporate breaks into your travel plan. Beyond merely stopping for fuel, schedule 15 to 20-minute breaks to allow yourself moments of stretching, a brief stroll, and a chance to unwind. Furthermore, if you sense even the slightest fatigue while you are riding and on a long journey, opt for a safe stop. Taking breaks ensures heightened alertness, and that’s much needed to prevent motorcycle accidents and minimize the risk of injuries.

Be Mindful of Blind Spots

Motorcycles can easily go unnoticed by larger vehicles, especially in blind spots. Hence, as a rider, you need to be guided cautiously. So, enhance your visibility by using reflective gear and ensuring that your motorcycle’s headlights, signals and even brake light work properly. Simply stated, be vigilant about the blind spots of cars on the road, and make sure to position yourself where drivers can easily see you.

Maintain Your Motorcycle

Never skip maintenance. Remember that regular maintenance of your motorcycle matters. It is crucial for optimal performance and safety. Hence, it is advisable to check your motorcycle’s brakes, lights, fuel, fluids, and tires frequently. Furthermore, pay attention to any unusual sounds or vibrations and address them promptly. A well-maintained bike is less likely to experience mechanical failures, thereby reducing the chances of accidents.

Weather Awareness

Weather conditions can impact the safety of a motorcycle ride. Wind, slippery roads, and rain can pose additional challenges for riders. It is recommended to avoid riding a motorcycle in bad weather conditions. And even if you must, then make sure you ride it slowly and vigilantly. For example, Wet roads require increased stopping distances and a gentler approach to braking.

Wrapping Up

Motorcycle safety is indeed a shared responsibility between the riders and motorists. Though these safety measures can lower the risk, you are still not 100 percent safe, especially if other drivers on the road are negligent and drive recklessly. So, if you are in an accident and suffer from injuries due to someone else’s negligence, get in touch with us. At McCormick & Murphy, we are dedicated to helping victims of motorcycle accidents get fair compensation. We strive for the best outcome so you can move forward with life and focus on recovery without any financial constraints. Call us at (719) 800-9407 for a free case evaluation. Let our experienced motorcycle accident attorney in Colorado represent your case and get you justice.

March 29, 2023May 1, 2024

Average Settlement for a Herniated Disc in Colorado

Average Settlement For A Herniated Disc In Colorado

Did someone else’s negligence leave you with a herniated disc? If so, you could be entitled to compensation for your injuries and pain and suffering.

Speak with an experienced Colorado personal injury lawyer at McCormick & Murphy today to find out what your legal rights are.

Give us a call at (719) 309-4202 or send an online message today for a free consultation.

Herniated discs can be very painful and leave you unable to perform your day-to-day activities. When your injury results from another party’s negligence, pursuing a Colorado personal injury claim can be stressful.

Understandably, some prospective clients come to us wanting to know the average herniated disc settlement.

Your potential settlement for a herniated disc depends on the circumstances of the accident and several other factors.

What Is the Average Settlement for a Herniated Disc from a Car Accident in Colorado?

Because every case is unique, it’s impossible for us to provide you with a figure representing the average amount victims receive in a herniated disc lawsuit.

These are common injuries in personal injury cases, especially car accidents.

Unfortunately, insurance companies often contest herniated disc injuries. They want to show your herniated disc is a pre-existing condition, so they can reduce or eliminate their potential payout.

What Factors Affect Settlement Amount?

Every personal injury claim is different, including car accidents.

That is one reason why it’s impossible to provide an average settlement for a herniated disc in a car accident. Various factors will impact the value of your potential settlement.

Some potential clients inquire whether we use a herniated disc settlement calculator in Colorado.

When you understand what factors impact your claim, it becomes apparent why it’s not possible to use a claims calculator.

Here is a look at some of the most important factors that impact your potential settlement for a herniated disc.

Pre-Existing Conditions

Pre-existing conditions aren’t necessarily a deal-breaker when it comes to obtaining compensation for a herniated disc injury.

If you have medical records that show a pre-existing condition but that the accident aggravated it, you could still be entitled to receive compensation.

Lost Earnings

If you lost time from work due to the pain of your herniated disc, your potential settlement could include your wage loss. The higher your wages, the more compensation you could be entitled to receive.

Injury Prognosis

Your injury prognosis is also important. If your herniated disc is uncomfortable but not permanently debilitating, your settlement value will be lower than another person with more severe complaints.

Someone who is permanently disabled and unable to complete their activities of daily living alone will likely have a higher case value.

If there is clear evidence that your herniated disc was caused by the auto accident, and that you will require surgery, then the settlement value will be significantly increased.

Liability

Liability has an impact on your potential settlement value.

If you are a percentage at fault, you might still receive some compensation. However, your total settlement or jury award will be reduced by your percentage of fault. In some cases, your own liability could bar you from recovery entirely.

Colorado is a comparative negligence state. If you are 50% at fault or higher, you will not be ineligible to receive any compensation.

Age

Your age can impact your potential herniated disc settlement as well. If you are older and retired, your compensation could be reduced because you don’t have any lost wages.

Pain and Suffering

Pain and suffering can be a significant amount of your potential settlement value. Someone with a more severe herniated disc likely will have a higher claim value due to increased pain and suffering.

Pain and suffering falls under general damages, which also include emotional anguish, loss of consortium, anxiety, loss of enjoyment of life, and post-traumatic stress.

No two people will experience the same physical and emotional pain, which is why damages can’t be accurately determined using a claims calculator.

What If I Got Steroid Injections?

If you try conservative treatment options that do not work, your doctor might recommend steroid injections or nerve root blocks. Initial steroid injections usually involve injecting epidural steroids directly into the spine.

This procedure can reduce pressure and swelling on your nerves. If the epidural steroid injections do not work, your doctor might move to caudal injections or nerve blocks. Any of these treatments can be expensive. If steroid injections are required and justified, the past and future cost of those can be calculated into a possible herniated disc settlement.

In general, steroid injections can increase the value of your settlement. Not only are they expensive, but they can also be very painful and traumatic.

When you have a skilled Colorado injury attorney from McCormick & Murphy, P.C., representing you, we will fight for added compensation for the painful and scary experience of having injections directly into your spine.

How Do You Prove Damages?

Proving your damages is crucial if you hope to receive the maximum compensation possible. One of the best ways to prove your damages is by hiring an experienced Colorado personal injury lawyer.

Your attorney will gather all the necessary evidence, including:

Documentation on your medical condition and any potential pre-existing conditions;
Diagnostic tests and other tangible proof of your herniated disc;
Proof of your lost wages, property damage, and any other related expenses;
Statements from eye-witnesses; and
Whether you will need surgery and any other future medical costs;

What Will My Settlement Check Cover?

Your potential settlement check could cover a variety of damages.

Some of these items include:

Emergency room and hospital bills,
Doctor visits,
Diagnostic tests,
Physical therapy and rehabilitation,
Lost earnings to date,
Future loss of earnings,
Future medical expenses,
Physical pain and suffering,
Diminished earning capacity, and
Diminished quality of life.

If you sustained permanent injuries or received a disability rating, you could be entitled to additional compensation.

How We Can Help

Pursuing a herniated disc claim can be complicated. You need someone who understands that and can protect your rights throughout the process.

After suffering a debilitating back injury, you deserve to be compensated for your injuries and pain and suffering. If you are unable to work and you are concerned about paying for the treatment you’ve already had, let our skilled legal team help.

Our team has over 50 years of combined experience, and we’ve recovered millions of dollars on behalf of our clients. Let us put our expertise to work for you and help negotiate the highest herniated disc settlement possible.

June 15, 2022May 1, 2024

Slip and Fall Accidents in Supermarkets

Slip And Fall Accidents In Supermarkets

Slips, trips, and falls can occur for a variety of reasons in different places.

Sometimes liquid or food spills lead to slip and falls. Torn carpeting, uneven rugs, or inadequate lighting can also result in a premises liability accident and injuries.

Slip and fall accidents in supermarkets frequently occur when the store has not cleaned up a liquid spill or has not posted warning signs after a spill has occurred.

These accidents can also occur after a floor has been waxed and the business owner not warned customers about a slick floor following a cleaning.

In many cases, a supermarket may be liable for your injuries if you got hurt in a slip and fall while browsing or shopping in the store.

Our experienced Colorado premises liability lawyers will discuss key issues in supermarket slips and falls.

For a free consultation, please call (719) 249-0541 or send an online message today.

Common Causes of Slips and Falls in Supermarkets

A slip and fall can have many causes in a grocery store, including but not limited to the following:

Liquid spill in one of the aisles;
Slick floor due to recent mopping;
Slippery entryway after customers track in snow from outdoors;
Slippery entryway caused by customers’ wet umbrellas;
Unsalted and icy entryway to the supermarket;
Recently waxed floors that are slick; and/or
Damaged flooring.

In addition, a supermarket can be held liable for slip and falls that happen both inside and just outside the store in the entryway or parking lot if unsafe conditions exist there, such as ice or potholes.

In particular, slips and falls that occur during winter months outside may be a result of the store’s failure to clear snow and ice for customer safety.

Determining a Supermarket’s Liability for Slip and Fall Injuries

Slips and falls happen more often than you might expect in Colorado supermarkets. In order to hold the retail store accountable for your injuries and to seek financial compensation, you will need to be able to prove that the store is liable according to Colorado premises liability law.

The following are some of the issues you will need to consider with assistance from your Colorado slip and fall attorney:

Whether the store (or one of its employees) through it’s actions or inactions caused the dangerous condition (unreasonably unsafe) that led to the slip and fall;
Whether the store (or one of its employees) knew about, or should have known about, the dangerous condition that led to the slip and fall;
Whether the store posted a warning sign to warn customers about the dangerous condition; and
Whether you (the injured customer) were also partially at fault for the slip and fall accident.

In situations where a shopper is partially at fault for his or her injuries, Colorado law can bar that person’s recovery. Under Colorado’s comparative fault law, a plaintiff can recover damages as long as she is not 50 percent or more to blame. If the plaintiff is less than 50 percent at fault, her damages will be diminished by her percentage of liability. If a plaintiff is 50 percent or more at fault, Colorado law will bar her from recovery.

One important reason for taking quick action is that supermarkets often have video recordings of your slip and fall, and these videos must be requested promptly in order to preserve that critical evidence.

Discuss Your Case with a Colorado Slip and Fall Attorney

Getting hurt in a slip and fall can be devastating, but one of our Colorado slip and fall lawyers can assess your case and help you to determine whether the supermarket is likely to be liable for your injuries. Contact McCormick & Murphy, P.C. online or call (719) 249-0541 today to get started on your case.

We offer free consultations.

November 26, 2021May 1, 2024

Average Bicycle Accident Lawsuit in Colorado

Average Bicycle Accident Lawsuit In Colorado

Despite what you may find during your research, there isn’t an average bicycle accident lawsuit in Colorado. The events leading up to every bicycle accident differ from case to case, whether it’s because of a negligent driver, poorly kept city streets, or a defect with the bike itself.

Even if you took every published settlement for a bicycle accident on the internet and calculated an average, it wouldn’t be an accurate representation of all cases. This is because most settlements are confidential, which means that the average only accounts for a portion of the total. Ultimately, the only way to know the potential value of your claim is to understand the factors that affect it and how an experienced bicycle accident attorney might calculate it.

Factors Affecting a Bicycle Accident Settlement

When you get into a bicycle accident, there are several factors that may affect the value of your potential settlement. Since every case differs, it’s important to take all the following factors into consideration when estimating your settlement.

The Severity of Your Injuries

One of the major aspects of your case is the severity of your injuries sustained in the accident. Generally, the more severe your injuries are, the more compensation you may be able to seek. This is especially true if your injuries cause permanent disability or disfigurement, such as paralysis, paraplegia, quadriplegia, cognitive issues, or amputation. These conditions often require lifelong care or future medical treatment, so the victims usually pursue compensation for future medical costs.

The Share of Negligence

Under CRS § 13-21-111, Colorado uses a modified comparative negligence doctrine to determine fault in an accident. This means that even if the claimant is partially at fault for their injuries, they may still seek compensation. However, their share of fault must be less than 50%, and their award must be reduced by their percentage of fault. For example, if Susan runs a stop sign on her bike and crashes into John, who also ran the stop sign in his car, a jury may find Susan 20% at fault. If Susan’s total damages are $1,000,000, the court would reduce her final award by her percentage of fault, bringing the new total to $800,000. If a jury found them both to be 50% at fault, Susan would not be allowed to recover any damages.

The Driver’s Insurance Policy

In Colorado, every driver must have the minimum auto insurance coverage set by the state. Currently, the minimum coverage required by the state is as follows:

\$25,000 for injury or death to any one person in a single accident,
\$50,000 for injury or death to multiple people in a single accident, and
$15,000 for property damage in a single accident.

Unfortunately, there are many people who drive without carrying the necessary insurance. In cases where an uninsured driver causes a bicycle accident, the bicyclist may be able to file a claim with their own auto insurer if they have uninsured/underinsured motorist coverage. However, if the defendant has enough capital, it’s possible to pursue compensation from them directly as well.

Calculating Damages for a Bicycle Accident Lawsuit in Colorado

There are three potential types of damages you may receive in a bicycle accident lawsuit in Colorado: economic (which includes an additional category of “permanent impairment”), non-economic, and exemplary. Each damage type depends on the unique circumstances of the case and not all damages may be applicable. Here is a breakdown of the damages that may be included in a bicycle accident.

Economic Damages

Also referred to as special damages, economic damages encompass all tangible costs and expenses related to the accident. Generally, this includes things like vehicle damage, medical treatment, hospitalization, and lost wages. However, it also includes any long-term care expenses, such as accessibility conversions to your home or vehicle.

To estimate immediate economic losses, you will need to add up any receipts or medical bills related to your accident. If your injuries will require ongoing medical care and cause you to lose wages, you will need the assistance of an experienced Colorado bicycle accident attorney.

Non-Economic Damages

Non-economic damages are more difficult to calculate than economic losses. This is because non-economic damages are subjective and intangible, such as pain and suffering, loss of quality of life, etc.

There are a few different ways an attorney may calculate non-economic damages. These calculations typically depend upon how severe your injuries are, and how long they are anticipated to continue.

Exemplary Damages

Punitive or exemplary damages are somewhat rare. The court usually awards exemplary damages only in cases where the defendant acted especially recklessly or intentionally. An example of when a court might award exemplary damages would be if the defendant was driving drunk or was texting fled from the scene of the accident.

Injured While Riding Your Bike? We Can Help

At McCormick & Murphy, P.C., we know how difficult it is to manage a bicycle accident lawsuit in Colorado on your own. While the insurance company may say they are on your side, they just want to pay as little as possible for your injuries. We believe you deserve better.

To schedule a free consultation with one of our attorneys, contact us online or give us a call today. We proudly serve clients throughout Colorado from our offices in Denver, Pueblo, and Colorado Springs.

September 28, 2021May 1, 2024

Difference Between Personal Injury Protection and Medical Payments

Difference Between Personal Injury Protection And Medical Payments

Nobody expects to be involved in a car accident, yet collisions ranging from minor to severe can occur suddenly at nearly any time of the day or night in Colorado. When a person is involved in a crash in Colorado that results in serious injuries, it’s important to learn about options for compensation. If this is your situation, you might be wondering about the difference between personal injury protection and medical payments, two types of insurance coverage that you may have heard apply to victims of car crashes in Colorado.

Colorado used to be what is a “no-fault” state for auto insurance purposes and insurance companies to issue coverage for the occupants of vehicles that would compensate them for medical expenses up to \$100,000.00, and for other benefits, such as lost wages, and rehabilitation in excess of that amount. That has changed and now vehicle owners have the option to choose whether they will purchase medical coverage, and if so, the amount of coverage that they will elect to have. Our Colorado auto accident lawyers will explain more about how the coverage works.

Understanding Colorado MedPay Coverage

What do you need to know about medical payments coverage in Colorado? The following are some key points about this type of insurance that you should understand:

Medical payments coverage of \$5,000 is automatically included with auto insurance policies in Colorado, unless you specifically choose to waive it;
MedPay is not a requirement under Colorado law;
Motorists can opt out of MedPay coverage if they want to do so; and
Motorists can carry more than $5,000 in medical payments coverage if they choose to.

Contact a Colorado Car Accident Lawyer

Colorado insurance law can be complicated, but an experienced Colorado auto accident lawyer can answer any questions you have about PIP or MedPay coverage in the state in addition to discussing other options for compensation. Contact McCormick & Murphy, P.C. to learn more.