Category: Denver Personal Injury Attorney

By Donaldson Law

Monumental Step in the Pursuit of Justice, Protection, and Accountability for Coloradans

At Donaldson Law, LLC, our Denver personal injury attorneys represent clients throughout Colorado—including individuals who have been hurt and families who have lost their loved ones to negligence.

As proud Colorado Trial Lawyers Association (CTLA) members, we are pleased to announce that our state legislature has passed a bill significantly increasing the caps on damages for injured parties and families.

CTLA has reached a legislative agreement with COPIC, the Colorado Chamber of Commerce, and the general liability insurers to address the egregiously low caps on noneconomic damages in Colorado’s law. The agreement is a giant step forward to restore justice and power, giving every citizen a voice against corporations and powerful entities.

Colorado House Bill Brings Justice for Injury Victims and Families

How the Colorado House Bill Brings Justice for Injury Victims and Families

House Bill 24-1472 – Raise Damage Limit Tort Actions, will be signed into law by the Colorado Governor. Here, we discuss what that means when addressing general liability and medical malpractice cases involving wrongful death and catastrophic injury and how it vastly enhances both caps to allow for injured Coloradans and their families to recover noneconomic damages.

General Liability: Non-Economic Damage Caps

  • Increase non-economic damages cap to $1,500,000 on January 1, 2025.
  • The new cap applies to claims filed on or after January 1, 2025, and before January 1, 2026, or any claim for relief that accrues on or after January 1, 2025.
  • Inflations adjustment on January 1, 2028, calculated from 2025.
  • Cap adjusts every two years after that on January 1 and applies to claims that accrue on or after the adjustment date.

Wrongful Death Damage Caps

  • Increase wrongful death cap to $2,125,000 on January 1, 2025. (The previous cap for wrongful death cases was $300,000.)
  • The new cap applies to claims filed on or after January 1, 2025, and before January 1, 2026, or any claim for relief that accrues on or after January 1, 2025.
  • Inflations adjustment on January 1, 2028, calculated from 2025.
  • Cap adjusts every two years after that on January 1 and applies to claims that accrue on or after the adjustment date.

Additionally, this bill expands the claimants in wrongful death cases, now allowing the victim’s siblings and sibling’s heirs to file a lawsuit on behalf of the deceased victim.

Medical Malpractice (which includes most cases against nursing homes): Non-Economic Damage Caps

Increase non-economic damages cap to $875,000.

  • The five-year phase will increase by $115,000 per year until January 1, 2029.
  • The first increase to $415,000 applies to claims filed on or after January 1, 2025, and before January 1, 2026, or any claim for relief that accrues on or after January 1, 2026.
  • The subsequent January 1 adjustment phase applies to claims that accrue on or after the adjustment date.
  • First inflation adjustment on January 1, 2030, calculated from 2028.
  • It adjusts for inflation every two years after January 1, which applies to claims that accrue on or after the adjustment date.

Wrongful Death Damage Cap

  • Increase wrongful death cap to $ 1,575,000. (The previous cap for wrongful death cases was $300,000.)
  • The five-year phase will increase by $255,000 annually until January 1, 2029.
  • The first increase to $555,000 applies to any claim for relief accruing on or after January 1, 2026.
  • The subsequent January 1 adjustment phase applies to claims that accrue on or after the adjustment date.
  • The first inflation adjustment was on January 1, 2030, calculated from 2028.
  • It adjusts for inflation every two years after that, on January 1, and applies to claims that accrue on or after the adjustment date.
  • The soft cap is 125% of wrongful death damages after wrongful death damages exceed $1 million.

Additionally, this bill expands the claimants in wrongful death cases, now allowing the victim’s siblings and sibling’s heirs to file a lawsuit on behalf of the deceased victim.  

Partner with Experienced Personal Injury Attorneys in Colorado

While we hope you never need us, if you or someone you love has been injured or lost their life to negligence, contact our skilled personal injury lawyers in Denver at Donaldson Law, LLC by calling (720) 458-5000 or contact us online to schedule a free, confidential consultation to discuss your case and seek justice by holding the liable party—or combination of parties—accountable for your damages.

By Donaldson Law

How Do Insurance Policy Limits Impact Colorado Personal Injury Claims?

At Donaldson Law, LLC, our Denver personal injury attorneys represent clients throughout Colorado who have been hurt or lost a loved one to negligence.

For many injury victims and their families, the insurance representative is the greatest obstacle in seeking compensation from the liable party’s insurance company following an accident. This is because insurance companies have long-standing tactics and protocols that require their agents to delay, undervalue, and deny claims as soon as they are submitted.

Other times, the adjuster is not who is standing in the way of full recovery. Every Colorado insurance policy has a limit of maximum liability, which restricts the amount an insurance company can pay to injury victims — no matter how catastrophic their injuries or recovery needs.

Insurance Policy Limits

These limits can significantly impact our client’s personal injury recovery options.

Here is why.

What are the Colorado Vehicle Insurance Policy Requirements?

Colorado requires all drivers to have minimum insurance coverage for each vehicle.

The minimum coverage includes:

  • $25,000 for bodily injury or death to any one person in an accident.
  • $50,000 for bodily injury or death to all persons in any one accident.
  • $15,000 for property damage in any one accident.

The state requires these minimum coverages, but higher ranges may be purchased.

What Happens If My Injuries and Overall Recovery Needs Exceed the At-Fault Driver’s Policy Limits?

Colorado law provides increased protection for individuals injured in a car accident by a negligent, uninsured, or underinsured motorist. If you were injured in a car accident due to the negligence of an underinsured or uninsured motorist and carry uninsured/underinsured motorist coverage, your automobile insurance may cover damages over the other party’s insurance policy limits or lack of coverage.

What About Personal Injuries that Occur on Public or Private Property?

If a customer is hurt while lawfully visiting a commercial business in Colorado — including grocery stores, restaurants, retail outlets, and other industries — the company’s general liability insurance can help pay for their damages.

Although most commercial leases require this coverage, all Colorado businesses do not require commercial liability insurance. If the company where you were injured does not have general liability coverage and you were injured because of dangerous premises, it may be possible to pursue the property owner for your damages.

If you were injured on private property, like someone else’s home or other premises, you may be eligible to pursue their homeowner’s insurance coverage — or another personal property insurance policy — for your damages.

Colorado does not require homeowner’s insurance by law, but if the home is financed, a lender may require the individual to have a homeowner’s insurance policy.

Contact Our Skilled Personal Injury Lawyers Today

If you are unsure who is liable for your injuries or which type of insurance coverage can be pursued for your damages, contact our skilled personal injury lawyers in Denver at Donaldson Law, LLC by calling (720) 458-5000 or contact us online to schedule a free, confidential consultation to discuss your case.

We can help you understand which personal or commercial insurance coverage can be pursued for your unique incident and injury circumstances.

By Donaldson Law

Checklist of Documents to Bring When Meeting with a Colorado Personal Injury Attorney

At Donaldson Law, LLC, our Denver personal injury attorneys know that when our Colorado residents are hurt or lose a loved one to another person or party’s negligence, the prospect of meeting with a lawyer for the first time may be overwhelming. We understand.

We believe that knowing what to bring to your initial consultation will help allay the anxiety involved in that initial meeting. Whether you choose to partner with our law firm, or another Colorado personal injury attorney, we want you to be prepared.

The following checklist can help.

What Should I Bring to My First Meeting with a Colorado Personal Injury Lawyer?

When it comes to preparing for your initial consultation with a personal injury lawyer in Colorado, certain documents and records will allow us, or another attorney, to fully assess your case.

They include:

  • Name and address of the hospital or medical facility where you were first taken after your injuries occurred, and the details of the ambulance company that transported you (if applicable).
  • Dates you were admitted and released from the hospital.
  • All healthcare information, including diagnoses, treatment records, and future medical needs.
  • List of current prescription medications, medical devices, or additional treatment needs.
  • Any bills you may have already received from physicians and/or hospitals.
  • Any invoices or expenses associated with chiropractors and/or physical therapists.
  • Health insurance coverage that was used during your medical treatment (if applicable).
  • Auto insurance coverage and accident details — if your injuries were the result of a vehicle collision — along with the other driver’s information, witness statements, photos/video, or accident reports taken at the scene of the crash.
  • Documentation of any lost work or income caused by the injuries, which may include days away from work, and a current paystub/W-2 that outlines your wages.

Once our Denver personal injury attorney reviews your claim during a free consultation, you are free to ask any questions about our law firm, our experiences, and our previous successes, so can make an informed decision about how your case unfolds. You do not have to commit to legal representation after your initial consultation. It is important for you to find an attorney you are comfortable with, so you can pursue the best outcome for your unique case without any pressure.

Contact our skilled personal injury lawyers in Denver at Donaldson Law, LLC by calling (720) 458-5000 or contact us online to schedule a free, confidential, no-obligation consultation to discuss your case. We are here to help get you through this challenging time, so you can take back control of your life.

By Donaldson Law

I Am a Visitor Who Suffered a Personal Injury in Colorado: What Should I Do?

At Donaldson Law, LLC, our Denver personal injury attorneys represent clients throughout Colorado — including those who have been injured while visiting from out of state or another country.

We understand that negligence is not limited to each person’s home state or city. Injuries or loss of life can occur during vehicle collisions, premises liability incidents, or while simply staying at a hotel on your way through Colorado.

When people get hurt because of another person or party’s negligence, they may be eligible to pursue a claim against the individual or company’s insurance coverage, so they can seek the financial compensation they need to get their lives back on track.

We can help, starting with a free consultation.

Who Can Be Held Liable When Visitors are Injured in Colorado?

To determine who may be held liable for your injuries as a visitor to Colorado, it is important to discuss your case with a personal injury lawyer in Colorado.

If the incident occurred here, the attorney must be licensed in Colorado to represent you in court. If you partner with a personal injury lawyer from your home state, he or she must have a local associate lawyer designated to manage your case, which means you would have to hire two lawyers, which come with two corresponding legal fees.

At Donaldson Law, our skilled personal injury lawyers in Denver understand local court rules and procedures, so you can get the most from our legal representation, even after you have returned home.

Our Denver personal injury attorneys represent visitors, tourists, and professionals who do not call Colorado home in incidents involving negligent:

  • Passenger vehicle drivers, including those who were intoxicated or speeding.
  • Commercial vehicle drivers or trucking companies.
  • Restaurant, bar, nightclub, or restaurant owners/operators.
  • Hotel, lodge, and resort owners/operators.
  • Convention, tour, or other event organizers.
  • Property owners/operators who fail to maintain their premises.

If you have been injured while visiting Colorado, seek medical care right away, and follow all your physician’s orders, including staying in the state until you are released, and attending all follow-up appointments once you are well enough to return home.

As soon as your injuries allow, and before you leave the state, contact our experienced Denver personal injury attorneys right away. You do not have to face the negligent party’s insurance company alone or worry that your case will not be taken seriously because you live outside of Colorado.

We can help outline your case, preserve evidence, and fully investigate the incident and circumstances that caused your injuries, so you can focus on regaining your physical and emotional wellness while we manage the legal details.

Contact our skilled personal injury lawyers in Denver at Donaldson Law, LLC by calling (720) 458-5000 or contact us online to schedule a free confidential consultation to discuss your case.

By Donaldson Law

When Should I Accept the Insurance Company’s Offer for My Personal Injury Claim?

At Donaldson Law, LLC, our personal injury attorneys in Denver know that after our clients have been hurt in a premises liability incident, car crash, or another injurious scenario in Colorado, it is difficult to know what to expect from the insurance company.

When it comes to pursuing financial recovery for our clients’ injuries, the insurance company will investigate our client’s claims the same way we do — thoroughly.

After your long road to recovery, you should receive as close to full compensation as possible. That typically means not accepting the first insurance company offer but allowing our law firm to negotiate the best outcome available for your unique recovery needs.

Here is why.

Personal Injuries May Be More Serious Than They First Appear

The full extent of our client’s injuries from an accident may not be known for a long time after the incident.

This could be the case for many reasons, including:

  • Complications arise during the healing process or healing does not occur as expected.
  • The injuries require more extensive treatment than initially anticipated.

Before accepting a personal injury settlement, our clients must know how their injuries will affect their current and future employment, mobility and activity levels, overall health, and quality of life.

That typically requires reaching maximum medical improvement (MMI), which means the client has either reached their pre-injury status or is as good as they are going to get. If a client has ongoing pain or impaired function despite going through the recommended treatment, the impairment or injury will likely be deemed a permanent condition.

From there, our skilled attorneys and the insurance company’s adjuster will begin negotiating based on the strengths and weaknesses of your claim.

The insurance adjuster will often respond to the facts of the case with a settlement that is lower than our initial outline, and the negotiations will continue.

It is crucial to have an experienced personal injury lawyer negotiating on your behalf, because settlement agreements include a release of liability, which means the insurance company is not responsible for any payments outside of the settlement agreement.

Simply put, our clients cannot return to the table and ask for more money once the settlement is finalized. It is important to get it right during the negotiating process.

Will My Case Go to Trial If I Do Not Accept the Insurance Company’s Settlement?

It is estimated that only four to five percent of the personal injury cases in the United States go to trial.

Since you manage your injuries, pain, and suffering, you are also in control of your recovery. We can help.

Our Denver personal injury attorneys will keep you apprised of all negotiations, including when we believe negotiations have met our expectations and, more importantly, your recovery needs. If we agree that the case should proceed inside the courtroom, our trial-tested attorneys are prepared to fight for your complete financial compensation requirements.

Contact Our Experienced Personal Injury Attorneys in Denver, Colorado Today

If you have been injured because of another person or party’s negligence in Colorado, contact our skilled personal injury lawyers in Denver at Donaldson Law, LLC by calling (720) 458-5000 or contact us online to schedule a free confidential consultation to discuss your case.