McCormick & Murphy is a Personal Injury & Accident Law Firm
We are one of the longest-standing personal injury law firms in Colorado Springs. Over our 23 year history we’ve recovered tens of millions of dollars for our Colorado clients.
If you or a loved one has been involved in an accident that caused serious injuries, we invite you to talk to an experienced attorney at McCormick & Murphy. Click here to claim your free case review online, or call us 24/7 at (719) 389-0400.
McCormick & Murphy, P.C.
A Personal Injury Law Firm
929 W Colorado Ave
Colorado Springs, CO 80905
M-F, 8:00AM to 5:00PM
McCormick & Murphy fought for my rights, and collected over $1,000,000 for me…
When I was seriously injured in an automobile accident, I believed the insurance companies would treat me fairly. As a result of the accident I lost the ability to work in the profession that I had been trained in.
Even though I lost my ability to earn a living due a serious head injury, neither the insurance company of the driver who hit me or my own insurance company offered to pay for the lost wages that I would lose over my life time.
McCormick & Murphy fought for my rights, and eventually collected over $1,000,000.00 for me. I highly recommend McCormick & Murphy.
– Brian, Colorado Springs
If you or someone you love has been injured due to the negligence of another, it’s essential that you speak with a qualified, local attorney about your case. A reputable accident lawyer can evaluate the facts of your case and explain your best options for recovering full and fair compensation.
At McCormick & Murphy, our Colorado Springs attorneys have over 50 years of experience, and have recovered millions for our clients. We hope you’ll contact us for a free, no obligation consultation.
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Below, you’ll find fundamental information about personal injury law in the state of Colorado, including an explanation of the Colorado personal injury statue of limitations, and the basics of proving liability.
Colorado Personal Injury Information
Personal injury, in legal terms, refers to an injury to the body, mind, or emotions, as opposed to injury or damage to property. In the standard personal injury claim, the injured person or, the plaintiff, will file suit against the negligent party, whose negligence caused the accident which caused the injury. Damages in personal injury cases include, but are not limited to, emotional distress and physical injury.
Colorado Statute of Limitations
It is important to understand what kind of claim you have so that you can be sure to avoid losing the ability to bring about said claim once the statute of limitations expire. The statute of limitations refers to the amount of time you have to file suit. This is one of the reasons why it is important to consult an attorney as soon as you are able following your accident.
In Colorado, the SOLs for some of the most common forms of lawsuits are as follows:
- Personal Injury involving a motor vehicle – 3 years, Colo. Rev. Stat. § 13-80-101(1)(n)
- Personal Injury – 2 years, Colo. Rev. Stat. § 13-80-102(1)(i)
- Product Liability – 2 years, Colo. Rev. Stat. § 13-80-102(1)(b)
- Property Damage involving a motor vehicle – 3 years, Colo. Rev. Stat. § 13-80-101(1)(n)
- Property Damage – 2 years, Colo. Rev. Stat. § 13-80-102(1)(i)
Proving Liability in Personal Injury Cases
In Colorado, the burden of proof in personal injury cases falls on the shoulders of the victim. It is important to understand that with most personal injury cases, the goal of the insurance companies who represent the negligent parties is to settle for the smallest possible amount. In order to accomplish this goal, beware of the following tactics:
- Hassling you for statements regarding the accident. Remember that it is in your best interest to withhold from commenting on your accident until you have consulted an attorney.
- Attempting to have you settle quickly. The faster the insurance companies can settle your claim, the less they are likely to pay out. This is because the true costs of any given personal injury case may not become clear until months after the accident. This is another good reason to consult an attorney as soon as you are able.
- Asking misleading or manipulative questions. Because they want to settle for less, it is in the best interest of the insurance company to frame questions in a manner which weakens your case.
It is the job of your personal injury attorney to prove that the negligence of another is what caused your injury, and that those injuries require compensation from the responsible party. This is why it is critical that your attorney has a reputation for taking cases to trial to secure the full value of your case.
Colorado Springs Car Accident Lawyers
The majority of personal injury cases that our firm handles involve some sort of vehicle collision. Below you’ll find critical information about what you need to do in the aftermath of an accident, car accident FAQs, and a few real-world examples of how our firm has helped people injured in car accidents in Colorado Springs.
What to Do After Your Auto Accident
The first thing to understand is that your insurance company, and the insurance company of the person responsible for the accident wants to pay you the lowest possible settlement.
One of the ways they do this is by encouraging quick settlements, as quick settlements mean that the full cost of your injuries are not able to be realized.
They will also try to make you make a statement or take actions that will harm your ability to receive a fair settlement. The following steps will help you avoid these tricks and ultimately receive a fair settlement:
- Get any necessary medical attention
This should be a given, but before you do anything else, ensure your safety and the safety of anyone you are with by seeking medical attention for any injuries.
- Report the accident to the police
Typically, the police will come to the scene of the accident, and you will be able to report the accident from your perspective. If for whatever reason you are unable to file a police report at the time of the accident, be sure to contact the police so that your side of the story becomes official.
- Document critical information from the site of the accident
The more information you can document from the site of the accident, the better your attorney will be able to achieve a fair settlement. Always get the insurance information from all of the involved parties, and if you can, it is also beneficial to get photos, as well as the names and contact information of any witnesses.
- Talk to a car accident attorney, not to insurance reps
Remember, it is the job of the insurance reps to try and minimize the amount that they actually pay out. The best way to make sure that you ultimately receive a fair settlement is to talk to an attorney before making any statements to anyone involved with the insurance companies.
- The statute of limitation in Colorado is 3 years
From the time of your accident in Colorado, you will have 3 years to file a lawsuit. It is important that you consult an attorney soon after your accident to ensure that your time to file does not run out, causing you to miss out on a fair settlement.
Auto Accident FAQs
Question: What kind of damages are recoverable in an auto accident claim?
Answer: The legal system in place in Colorado allows auto accident victims to recover financial compensation for a variety of different losses that occur as a result of an auto accident.
A skilled and experienced Colorado auto accident attorney will be able to achieve fair compensation for any of the following losses:
- Loss of wages
- Expenses for assisted living (in the case of serious injuries)
- Cost of medical bills (in-patient and out-patient)
- Pain and suffering resulting from the auto accident
When an auto accident results in a fatality, surviving family members of the victim are able to file wrongful death claims to recover compensation for the monetary losses associated with the wrongful death.
Question: What are punitive damages and when they can be claimed in an auto accident case?
Answer: Colorado statute C.R.S. § 13-21-102, defines punitive damages as follows:
(1) (a) In all civil actions in which damages are assessed by a jury for a wrong done to the person or to personal or real property, and the injury complained of is attended by circumstances of fraud, malice, or willful and wanton conduct, the jury, in addition to the actual damages sustained by such party, may award him reasonable exemplary damages. The amount of such reasonable exemplary damages shall not exceed an amount which is equal to the amount of the actual damages awarded to the injured party.
(b) As used in this section, “willful and wanton conduct” means conduct purposefully committed which the actor must have realized as dangerous, done heedlessly and recklessly, without regard to consequences, or of the rights and safety of others, particularly the plaintiff.
The Colorado Court of Appeals has ruled that malice, as used in this section, may be found by the jury or the court from the reckless and wanton acts of the injuring party, such as discloses an utter disregard of consequences, aside from any intentional malice in its odious or malevolent sense. Cohen v. Fox, 26 Colo. App. 55, 141 P. 504 (1914).
The Colorado Supreme Court has ruled that “Wanton and reckless” disregard as used in this statute means conduct that creates a substantial risk of harm to another and is purposefully performed with an awareness of the risk in disregard of the consequences. Tri-Aspen Construction Co. v. Johnson, 714 P.2d 484 (Colo. 1986); Juarez v. United States, 798 F.2d 1341 (10th Cir. 1986); Miller v. Solaglas California, Inc., 870 P.2d 559 (Colo. App. 1993); Archer v. Farmer Bros. Co., 70 P.3d 495 (Colo. App. 2002).
In a lawsuit in Colorado Springs a trial judge allowed McCormick & Murphy to include a claim for punitive damages where a driver, who was facing a red traffic signal, attempted to make a right turn from the left lane of traffic, driving across three through lanes of traffic and a right turn lane, striking McCormick & Murphy’s client, who was in the process of making a left hand turn.
Question: What is the legal effect of failing to use mandatory seat belts?
Answer: In the context of motor vehicle accidents, Colorado has enacted mandatory seat belt law for the driver and persons in the front seats of a motor vehicle. When a person fails to wear their safety belts and they are involved in a motor vehicle collision, C.R.S. 42-4-237 allows the defendant to introduce evidence of failure to use the safety belt as failure to mitigate damages. The defendant may also ask for a jury instruction that the jury should reduce the award of non-economic damages for pain and suffering that could’ve been prevented had the person been wearing a seat belt.
Question: What if a cell phone was in use?
Answer: It is against the law in Colorado to use a cell phone when driving a motor vehicle. Doing so can subject the driver to fines of $50–$100 dollars. It is also dangerous and can cause serious motor vehicle collisions.
Our Client’s Stories
Kim’s Car Accident Story
Kim, a 23-year-old vibrant young woman of slight build, employed in a local shoe store, was a passenger in a vehicle that was rear-ended in a moderate speed collision.
Initially, the at fault vehicle denied responsibility, claiming there was a phantom vehicle that was responsible for cutting him off and causing the collision. Kim sustained low back and hip pain.
She noticed that her low back would “pop all the time.” Her doctors found that her sacroiliac joints were locking and malfunctioning. Surgery was performed to correct this.
Initial efforts to settle were unsuccessful, with the defendant offering just $10,000, followed by a statutory offer of $75,000.
Two weeks before the 10 day trial, the defendant agreed to pay $325,000 to settle the claims
Mike’s Car Accident Story
Mike an apprentice electrician, was a backseat passenger in a one car collision with a wooden utility pole.
Mike sustained chronic back pain from the collision for which he tried multiple treatments and remedies, without success. He tried to get his claim settled. The insurance company would not offer more than $7,500.
McCormick & Murphy filed a lawsuit on his behalf.
Initially, the defense lawyer apologized that the claim was undervalued and immediately offered double what the claims adjuster had offered. Depositions and discovery continued. It was learned that the driver had only a $50,000 liability insurance policy. Mike offered to settle for the policy limits.
The insurance company continued to dribble money at him starting at $19,000, then $21,000, and $26,000, and eventually $27,500.
The case proceeded to trial and jury verdict was entered in Mike’s favor. With interest, Mike was awarded $97,862.96.
Colorado Car Accident Articles & FAQs
- How Much Is My Injury Case Worth?
- How Long Will My Personal Injury Lawsuit Take?
- Do I Need a Colorado Personal Injury Lawyer?
- What to do After a Colorado Injury Accident?
- Is Colorado a No Fault Insurance State?
- What are the Statute of Limitations for Injury Cases in Colorado?
- How is Fault Determined in Colorado Car Accident Cases?
- How to Get Your Colorado Accident Report
- How Colorado Damage Caps Affect Your Recovery
- What if I was Hit by an Uninsured Driver?
Don’t wait. Get a free case review today.
At McCormick & Murphy, P.C., our experienced Colorado Springs injury attorneys offer free legal consultations to the injured. To get a qualified review of your case, call us now at (719) 389-0400 (24/7) or email us through our website.