THE ROLE OF DEFECTIVE PRODUCTS IN PERSONAL INJURY CLAIMS

When we buy food or beverages, grooming, personal care products, or toys for our children, we expect the product to work as intended and not cause us harm. Suppose a defective consumer product, from contaminated food to beauty products containing carcinogens or even electronics that catch on fire, causes harm to the user when the product is being used as intended by the manufacturer. In that case, the harmed party has the right to file a lawsuit for damages against the product manufacturer or designer.

A defective consumer product lawsuit is a type of personal injury claim. These cases are litigated by personal injury attorneys who understand the necessary legal steps it takes to hold a company accountable for the damage it causes. Even multi-national consumer product corporations aren’t above the law. If negligence or oversight in the design or production process causes harm to the consumer, then these corporations deserve to be held accountable for their actions and fairly compensate the victim.

We can help you understand your options for a defective product claim. Contact Earl & Earl, PLLCtoday for a free consultation.

Colorado Product Liability Laws

Colorado’s product liability statutes permit injured consumers to file a defective product lawsuit on the grounds of negligence, strict liability, or breach of warranty. These are three separate legal doctrines; your case’s structure and your burden of proof may differ depending on the route your Colorado defective products lawyer takes:

• Negligence: In a product liability lawsuit, negligence refers to the defendant’s failure to fulfill its legal obligation to create and market reasonably safe consumer products. This doctrine states that if the defendant fails to take reasonable steps to ensure its products are safe for use or consumption, and injuries or death occurs as a result, they can be held liable for the damages the victim or victims suffered.

• Strict product liability: Under this doctrine, a victim may recover financial compensation if they can demonstrate that the product contained a fundamental defect and caused their injury. Plaintiffs in these cases may recover damages even without proof of the manufacturer’s negligence.

• Breach of warranty: In a breach of warranty lawsuit, the manufacturer or distribution center (including a retail establishment) may be liable if it fails to fulfill a guarantee or promise that the product is safe for use. This promise may be either implied or explicit. For example, a grocery store offering food has an implicit promise that the food is safe to eat.

The grounds for your product liability suit depend on the circumstances surrounding the accident or injury. An attorney can evaluate the evidence and determine which avenue to pursue.

Filing a Product Liability Lawsuit in Colorado

Many personal injury lawsuits involve two parties: the plaintiff (victim) and the defendant (the person or entity alleged to have caused harm to the victim). In a product liability lawsuit, your lawyer may opt to file a suit directly against the product designer, manufacturer, distributor, or place of purchase.

This isn’t the only option available to persons harmed by defective consumer products. Sometimes, many people are harmed in the same manner by the same product. In these cases, the plaintiffs and their attorneys may combine them into a class-action or mass tort lawsuit. In these claims, the lawyers pool their experience and resources and pursue legal action as one. Any recovery from the defendant is shared among the participating plaintiffs.

You may have seen some recent class action and mass tort lawsuits in the news. Several body powder manufacturers have been sued because their products contained talc contaminated with asbestos, which caused mesothelioma and other cancers. Or, perhaps you saw a news article about the makers of RoundUp pesticide and weed killer, which contained unsafe levels of carcinogens.

Colorado’s Statute of Limitations for Product Liability Lawsuits

Another point to note about Colorado product liability lawsuits is the statute of limitations, the deadline you have to file a claim. You have two years from the date of the accident to file a lawsuit. If the contaminated product resulted in disease or illness, then the statute of limitations may be extended, starting from the date of your diagnosis or the time at which you could have reasonably known you were ill. Speak with a lawyer to make sure that you don’t miss this vital deadline – if the statute of limitations passes, then it’s likely your case will be thrown out, no matter how valid your claim is.

How Can a Product Liability Lawyer Help Me?

A Colorado product liability attorney protects your interests and explains your rights under Colorado law. They can evaluate your case and determine which legal doctrines apply, then move forward gathering the appropriate evidence to meet the court’s burden of proof.

Once you retain legal counsel, you can turn over all communications to your lawyer. They can communicate with the other party, their lawyer, and their insurance carrier so you can heal from your injuries in peace. Plus, a lawyer can preserve the integrity of your claim, preventing the insurance company from using what you say as an admission that you caused the accident.

Many product liability lawsuits are settled out of court, in negotiations between the two parties, or in arbitration. Your attorney can take the lead in negotiations, demanding fair compensation for your current and projected future losses. They can also represent you in arbitration, which is like a less formal court hearing.

If your case cannot be settled in negotiations, or if your lawyer believes that a class action or mass tort is more likely to help you achieve a satisfactory outcome, then they can take your case to trial in Colorado civil court.

Experienced Attorneys Fighting for Your Rights

If you or someone you love suffered harm due to a defective, contaminated, or malfunctioning consumer product, you deserve justice. We can help you hold the at-fault party accountable for their negligence and demand full compensation for all your losses. At Earl & Earl, PLLC, we’re not afraid to take on large corporations, and we have the resources and tenacity to handle even the most complex product liability claims. Contact us today for a free consultation.

---

Colorado Springs Personal Injury Attorney

At Earl & Earl, PLLC, we treat our clients like we would treat members of our family. This means going above and beyond what people typically think of when they consider legal representation. We don’t just push the paperwork through and cut a deal with the insurance company. We help you get the treatment you need. If you need help getting your vehicle fixed, we work with you. If you are struggling to pay bills while you miss work, we walk you through your options. Most importantly, we fight for every bit of compensation you need to get back on your feet. Because we would never settle for less for our own families, we will never settle for less for you.

HOW SOCIAL MEDIA CAN AFFECT YOUR PERSONAL INJURY CLAIM

Social media is everywhere — it’s even become a lucrative career for many people. From sharing updates about their family life to scrolling through funny videos, most people are active on social media almost daily. If you’ve recently been in an accident, though, posting updates about how you’re healing, details about what happened, or even taking a dig at the other party involved is a definite no-no.

Your Colorado personal injury lawyer may have already told you to stay off social media – but why? Even if you think you’re being private or low-key, your social media posts could end up being a serious piece of evidence against you in a personal injury suit.

Unintended Consequences of Sharing Accident Updates on Social Media

We all know those people on social media who overshare, but if you share details about an accident you were in or a claim you filed for damages, the fallout is more than just embarrassment. The defendant, (usually its insurance company or lawyer), may be monitoring your Instagram, TikTok, X, and other socials for evidence that you’re not hurt as badly as you say you are.

Some of the information that you share may seem innocent enough, like a photo of a wrecked car or details about how badly you’re hurt. Be careful about conversations you have online, though. Anything that you say or post publicly, even on a private social media account, could be used against you in a personal injury claim.

Be careful about scrubbing your socials, though. In some cases, deleting or editing your posts after an accident could be construed as destroying evidence in the civil case.

Common Pitfalls in Social Media Usage After an Injury

Some of the most disastrous ways social media can harm your lawsuit for damages include:

Posting about your accident or injuries. Your medical records will be a valuable part of the evidence in your claim, and copies of your post-accident exam and treatment are usually given to the other party during the discovery phase of the trial. The defense may compare the records with your social media posts. If you’re posting pictures or status updates inconsistent with the injuries you claim happened in the accident, then the other side may reduce their settlement offer.

Sharing activities inconsistent with claimed injuries. You’re eligible to claim damages for lost wages and diminished earning capacity as part of your claim, as well as compensation for a loss of quality of life. But, if your social media shows you at work or being active, like going out to a party, riding a bike, or on vacation, then it may be easy for the other lawyer to claim that you’re faking your injuries. And, if you were hurt on the job and claimed that you could not work but post photos of you running a 5K or going to Elitch Gardens, for example, you may have just torpedoed your claim for lost wages.

Discussing the case or legal proceedings online. You may not be under a formal “gag order” from the judge in your civil action, but it’s probably best not to post about how your case is proceeding to all your online friends and followers. You may unwittingly disclose things your lawyer doesn’t want the other party to know about, or your posts may be compared against your deposition or other formal statement to make you look like a liar or otherwise unreliable as a witness.

Friend requests and interactions with opposing parties. Have you noticed an influx of new friends or follow-up requests after filing your personal injury lawsuit? Be wary — these may be plants from the opposing party, deliberately trying to gain access to your private, friends-only posts or even trying to DM you for information that the other party’s lawyer could use against you. Don’t accept new friends or followers until your case concludes.

Limitations of Privacy Settings on Your Socials

You can restrict your socials or temporarily suspend them while your case proceeds. The defendant’s lawyer can’t use your words or photos against you if you aren’t posting anything. Even if you have your Facebook, Instagram, X, and TikTok set to private and aren’t accepting new followers, there’s still a chance that your information or posts can be leaked.

The higher your claim’s value, especially if the defendant is a powerful opponent, like a healthcare facility or commercial food or beverage manufacturer, the more likely the defendant is to do a lot of digging on you, especially your social media.

Social Media Evidence in Court

Public social media posts may be used as evidence in any Colorado court case. If you post publicly, then a judge may reasonably rule that you have no expectation of privacy for the words or pictures; therefore, these can be admitted as evidence.

Even posts you make that are just visible to friends or followers (“private”) may still be used by the other party as evidence in your case. During the discovery phase of the trial, when both sides exchange information and evidence, the defendant’s attorney may request copies of everything you posted online from the time of the accident until the present.

As long as the evidence that the other party presents follows Colorado’s Rules of Evidence, then just about anything you post socially may become part of your case.

Be wary about manipulating your case through social media to appear even more injured than you already are. It’s probably better to follow your lawyer’s advice about what you can and cannot post or how long you should take a social media break while your case progresses. Even if you aren’t specifically talking about the claim or your injuries, you may inadvertently give inaccurate information that could hurt your cause.

Do You Need Help After an Accident?

ZEALOUS PERSONAL INJURY LAWYERS WORKING FOR YOU

If you’ve been hit by another driver, bitten by the neighbor’s dog, hurt at work, or slipped and fallen at your local King Soopers, you may have a personal injury claim. The experienced Colorado personal injury attorneys at Earl & Earl, PLLC, support your right to demand full and fair compensation after the accident. Call us today for a free initial consultation!

---

Colorado Springs Personal Injury Attorney

At Earl & Earl, PLLC, we treat our clients like we would treat members of our family. This means going above and beyond what people typically think of when they consider legal representation. We don’t just push the paperwork through and cut a deal with the insurance company. We help you get the treatment you need. If you need help getting your vehicle fixed, we work with you. If you are struggling to pay bills while you miss work, we walk you through your options. Most importantly, we fight for every bit of compensation you need to get back on your feet. Because we would never settle for less for our own families, we will never settle for less for you.

UNDERSTANDING PAIN & SUFFERING IN A PERSONAL INJURY CLAIM

You’ve probably heard of pain and suffering in reference to personal injury suits, but you might not know what it means or why it’s important if you get hurt in an accident. You need to know pain and suffering is a crucial form of compensation that can make a huge difference in the amount of compensation you take home in a successful legal claim. Here, the Colorado personal injury attorneys at Earl & Earl, PLLC answer some of the top questions clients have about pain and suffering awards in personal injury cases. 

What is Pain and Suffering?

Pain and suffering describes the intangible effects of an injury on your life. These effects can be physical, emotional, or psychological. You may suffer physical pain while recovering from your injuries or chronic pain that interferes with your daily life. This could lead to depression, anxiety, or post-traumatic stress disorder (PTSD). Many emotional and psychological issues can develop after an injury, and no two people are alike. 

Here are the answers to some of the most pressing questions injury victims have about pain and suffering:

1. How do you explain pain and suffering? It’s complicated. What constitutes pain and suffering is unique to each victim and each case.

2. Can I sue for pain and suffering? You could be entitled to sue for pain and suffering if someone else is responsible for your injury. You may also want to settle out of court.

3. How much can you get in pain and suffering? The amount you could receive for your claim depends on several factors, including the severity of your pain and suffering and its effect on your life.

4. Is pain and suffering the same as bodily injury? No. Bodily injuries can cause pain and suffering, but a personal injury claim involving pain and suffering looks at intangible losses that don’t necessarily have a specific dollar value attached to them. 

Evidence in a Pain and Suffering Claim

To receive compensation for pain and suffering, you must prove that you suffered physical, emotional, or psychological harm directly caused by the accident. Evidence that could support your claim might include:

• Photographs or videos of injuries

• Medical records and professionals’ notes of medical treatment

• Prescription receipts

• Testimony or depositions about you from family, friends, or co-workers about your pre- and post-accident life

• Personal journal entries describing your pain and feelings regarding your injuries

An experienced personal injury attorney can gather the proof necessary to build a strong case for pain and suffering compensation. 

Calculating Pain and Suffering

Insurance companies use different methods to calculate a pain and suffering award. There is no fixed formula. Instead, insurers look at the evidence and determine whether they think a demand for compensation is valid and how much they will pay. In court, a jury assesses the evidence and decides whether an amount for pain and suffering is justified. 

Colorado places a limit, or cap, on the amount of money a claimant can receive in pain and suffering damages. For most personal injury claims, pain and suffering awards are capped at $250,000 unless there is clear and convincing evidence to justify a larger award. If so, the amount increases to $500,000 (plus inflation). Medical malpractice awards for pain and suffering are capped at $300,000.   

Regardless of the method used to calculate pain and suffering, negotiation is often required to obtain a fair and reasonable settlement. Having an attorney to represent you during settlement talks is a crucial way to maximize your compensation. 

Under Colorado law, you can still obtain compensation as long as you are 49 percent or less responsible for your injuries. A single percentage point higher, and you are barred from obtaining any money at all. When the stakes are high, a skilled personal injury lawyer will defend your interests so you are compensated fairly for your losses. 

Get Help From our Personal Injury Attorney

The legal team at Earl & Earl, PLLC are experienced personal injury clients who fight aggressively for the rights of accident victims. Contact us today for a free consultation.

---

Colorado Springs Personal Injury Attorney

At Earl & Earl, PLLC, we treat our clients like we would treat members of our family. This means going above and beyond what people typically think of when they consider legal representation. We don’t just push the paperwork through and cut a deal with the insurance company. We help you get the treatment you need. If you need help getting your vehicle fixed, we work with you. If you are struggling to pay bills while you miss work, we walk you through your options. Most importantly, we fight for every bit of compensation you need to get back on your feet. Because we would never settle for less for our own families, we will never settle for less for you.

TYPES OF DAMAGES YOU COULD RECOVER IN A PERSONAL INJURY CLAIM

In Colorado, damages is the legal term for compensation for an injury caused by someone else. Many people are entitled to compensation for economic losses after accidents, such as medical bills or property damage. But sudden accidents result in more than just financial losses. State law also allows individuals to seek money for non-economic losses such as pain and suffering. But how do you put a price on such intangible losses? These non-material damages are harder to calculate but no less important. 

If you were hurt in an accident, the Colorado personal injury lawyers at Earl & Earl, PLLC can tell you what your case is worth after reviewing the facts. Call or contact us now for a free consultation. 

Personal Injury Damages in Colorado

After an accident, injured people can seek compensation from the at-fault party(s) in Colorado. Common personal injury claims involve auto accidents, dog bites, slip and fall incidents, pedestrian crashes, defective products, and wrongful death. 

When you file a claim, you can pursue two types of damages: compensatory and punitive. 

Compensatory Damages

Compensatory damages can provide relief for both economic and non-economic losses.

Economic losses are financial losses stemming from the accident. These are losses that you can calculate. Examples include:  

• Medical bills

• Lost wages

• Loss of future earning capacity

• Rehabilitation

• Costs for prescription medications, assistive devices like wheelchairs, and round-the-clock nursing care

• Out-of-pocket expenses, such as mileage for travel to doctor’s appointments

• Property damage

Non-economic damages are intangible. These losses do not have a specific dollar value because they don’t come with billing statements or invoices. 

In Colorado, you can receive compensation for non-economic damages such as: 

• Emotional distress

• Loss of enjoyment of life

• Pain and suffering

• Disfigurement

• Loss of consortium

Punitive Damages

Punitive damages, sometimes called exemplary damages, are meant to punish a defendant for their misconduct and deter similar behavior. Under Colorado law, these damages are available only when there is proof of “fraud, malice, or willful and wanton conduct.” Punitive damages are rare and can only be awarded at trial.

Is There a Cap on Personal Injury Damages in Colorado?

Colorado does not cap damages on economic losses in most personal injury cases. However, the state does impose an inflation-adjusted $250,000 cap on non-economic damages unless the court finds “clear and convincing” evidence to award more. In those situations, awards cannot exceed $500,000.

The state does set non-economic damage caps for certain types of personal injury cases:

• Medical malpractice – $300,000 plus inflation

• Wrongful death – $250,000 or $500,000 plus inflation (except in medical malpractice cases or if it was a felonious killing)

• Dram shop – $150,000 per person injured

Punitive damages are also capped in Colorado. The amount awarded for punitive damages in most civil lawsuits cannot exceed three times the amount awarded for compensatory damages. The court may reduce the amount awarded for punitive damages or disallow them.

Contact a Personal Injury Lawyer Today

At Earl & Earl, PLLC, we treat our clients like family and provide them with personalized attention and top-quality legal services. Let our experienced lawyers fight for the full and fair amount of compensation you deserve. Contact our office today for a free case review.

---

Colorado Springs Personal Injury Attorney

At Earl & Earl, PLLC, we treat our clients like we would treat members of our family. This means going above and beyond what people typically think of when they consider legal representation. We don’t just push the paperwork through and cut a deal with the insurance company. We help you get the treatment you need. If you need help getting your vehicle fixed, we work with you. If you are struggling to pay bills while you miss work, we walk you through your options. Most importantly, we fight for every bit of compensation you need to get back on your feet. Because we would never settle for less for our own families, we will never settle for less for you.

PERSONAL INJURY CLAIMS INVOLVING PRE-EXISTING INJURIES

Car crashes or other accidents can happen to anyone, regardless of age or health. But while a pre-existing injury or condition should not have any bearing on a personal injury claim, insurance companies may use a pre-existing issue as an excuse to deny or reduce the value of your claim. If you have major medical bills or other expenses from the accident, having your claim denied or reduced could be financially devastating.

The Colorado personal injury attorneys at Earl & Earl, PLLC, can help if you have been in an accident and have a pre-existing injury or health condition. Although our personal injury lawyers have handled thousands of cases, we can offer personalized and individual assistance in making a strong case for compensation. We offer free consultations to new clients, so get in touch today to learn more about how we can help you.

What Are Considered Pre-Existing Conditions?

A pre-existing condition is any illness, injury, or other medical condition that you have prior to an accident. For example, if you suffered a previous back injury, it would likely be considered a pre-existing condition. Other examples of pre-existing conditions include:

● A prior neck or head injury

● Any prior surgeries you have had

● Chronic heart or respiratory conditions

● Degenerative disc or joint disease

● Arthritis

● Diabetes

● Osteoporosis

● Mental health disorders

Should I Mention Any Pre-Existing Conditions While Filing a Claim?

You should disclose any pre-existing conditions when you file an insurance claim or personal injury lawsuit after an accident, as failing to disclose a condition may give the insurance company grounds to dismiss your claim. However, you should also be careful about how you disclose the prior condition. By talking to a lawyer about your pre-existing condition, they can evaluate your medical history and advise you on how to talk to the insurance company about a past injury or illness.

Will I Be Able To File a Claim If I Have Pre-Existing Injuries?

A pre-existing condition does not bar you from recovering compensation for new injuries or for a prior condition that has been reaggravated or worsened by an accident. With the right lawyer on your side,

you may be able to claim compensation for any treatment you need for a reaggravated injury or exacerbated condition.

Laws Regarding Pre-Existing Conditions

Like most states, Colorado law follows a legal principle commonly known as the “eggshell skull” rule in personal injury cases. This rule states that a plaintiff’s pre-existing condition or frail state cannot be used as a defense. In other words, an insurance company is not allowed to use your pre-existing condition against you if you file a lawsuit.

Filing An Insurance Claim and Lawsuit

To minimize the hassle involved in an insurance claim or lawsuit after an accident, you should seek help from an experienced Colorado personal injury lawyer. The team at Earl & Earl, PLLC, can help you put together a strategy to counter any allegations by an insurance company that you are to blame for your injuries in an accident. We refuse to let our clients be taken advantage of by insurance companies, and we will help fight for maximum compensation.

Hiring An Attorney To Help With My Personal Injury Case

In Colorado, you only have two years after an accident to file a personal injury lawsuit, so it is in your best interest to talk to a lawyer right away. We would be honored to be part of your trusted team, so contact Earl & Earl, PLLC, today for your free initial consultation.

---

Colorado Springs Personal Injury Attorney

At Earl & Earl, PLLC, we treat our clients like we would treat members of our family. This means going above and beyond what people typically think of when they consider legal representation. We don’t just push the paperwork through and cut a deal with the insurance company. We help you get the treatment you need. If you need help getting your vehicle fixed, we work with you. If you are struggling to pay bills while you miss work, we walk you through your options. Most importantly, we fight for every bit of compensation you need to get back on your feet. Because we would never settle for less for our own families, we will never settle for less for you.

STEPS TO FILE A PERSONAL INJURY CLAIM IN COLORADO

Getting hurt in an accident can be painful, distressing, and expensive. Recovering can be even more stressful when another party is at fault for the incident. But don’t despair. In Colorado, victims can file personal injury claims against the responsible party requesting compensation for their losses. 

Most people need help learning how to start a personal injury claim. Getting advice from a lawyer is an excellent way to get the information you need. Here are some tips from the experienced personal injury attorneys at Earl & Earl, PLLC. 

What You Should Know Before You File a Personal Injury Claim

Accident victims often feel hesitant about taking legal action. Here are a few things to keep in mind if you’re unsure about going forward with your case:

• Personal injury claims protect you. Colorado law recognizes that accident victims should not be forced to pay for injuries someone else caused. If you prove that your injury results from someone else’s negligent conduct, you can receive compensation for your financial and non-financial losses. 

• Act sooner rather than later. There is a two-year statute of limitations on most personal injury claims in Colorado. Waiting too long could mean you miss your chance to recover any compensation, so it’s always best to get started quickly. 

• Get help from a lawyer. Even if you think your case is simple, an attorney can explain how to go about a personal injury claim and estimate what your case is worth. You may be entitled to more money than you think.

How to File a Claim for Personal Injury 

You can begin taking steps to protect your legal rights immediately after the accident. You should:

• Report the accident to the police.

• Document the accident scene as best you can by taking pictures and talking to witnesses. 

• See a doctor and begin treatment immediately.

• Keep all accident-related documentation, such as medical records, receipts, pay stubs, and the police accident report. 

• Don’t give a recorded statement or sign any documents for the insurance company until you’ve spoken to a personal injury lawyer. 

• Contact an attorney to discuss your legal options. 

How to Begin a Personal Injury Lawsuit

You may not need to file a lawsuit. Start by discussing your case with an experienced personal injury lawyer. After identifying the liable party(s) and documenting the extent of your injuries, your attorney will draft a personal injury demand letter outlining the facts of the case and how much compensation you want. From that point, both sides will present evidence and enter into settlement negotiations. If a settlement cannot be reached, your attorney may advise taking your case to trial before a judge and jury.

Most personal injury cases end with an insurance settlement. However, the threat of a lawsuit can give you leverage when negotiations get tough. 

Types of Personal Injury Cases We Handle

Some of the Colorado personal injury cases we handle at Earl & Earl, PLLC, include:

• Car accidents

• Semi-truck accidents

• Motorcycle accidents

• Bicycle accidents

• Pedestrian accidents

• Dog bites

• Medical malpractice

• Nursing home abuse and neglect

• Premises liability 

• Wrongful death cases

Contacting a Lawyer to File Your Personal Injury Case

Do you need to file a personal injury claim in Colorado? At Earl & Earl, PLLC, we understand how the legal process can create stress and worry, and we want to help. Call or contact us today for a free initial consultation.

---

Colorado Springs Personal Injury Attorney

At Earl & Earl, PLLC, we treat our clients like we would treat members of our family. This means going above and beyond what people typically think of when they consider legal representation. We don’t just push the paperwork through and cut a deal with the insurance company. We help you get the treatment you need. If you need help getting your vehicle fixed, we work with you. If you are struggling to pay bills while you miss work, we walk you through your options. Most importantly, we fight for every bit of compensation you need to get back on your feet. Because we would never settle for less for our own families, we will never settle for less for you.

STUDY FINDS LONG-LASTING SYMPTOMS FROM TRAUMATIC BRAIN INJURIES

Did someone else’s recklessness cause you or a loved one to suffer a traumatic brain injury (TBI)? If so, a new research study documenting the long-term effects of a TBI may strengthen your case as you seek compensation for your injury.  

The study, published in the Journal of Neurotrauma, challenges previously held assumptions that traumatic brain injury (TBI) symptoms last for only three to six months. Such theories have made it easier for insurers to undervalue TBI claims and prevent victims from getting the full and fair compensation they deserve. 

However, new findings suggest that TBI symptoms can persist for as long as a year post-injury. Scientific data can provide strong evidence to support traumatic brain injury claims. 

What the Research Says 

According to researchers, long-term symptoms of TBI are more common than previously thought, with many signs lasting a year or longer. The study included 2,039 people who suffered a TBI within the last 24 hours, a control group of 257 who sustained a traumatic orthopedic injury, and a second control group of 300 with no recent injuries. They asked the participants to rate how 16 common TBI symptoms affected them at intervals for one year. 

Over half of the study participants who had suffered TBIs reported three or more persistent symptoms a year after their injury, with 70 percent reporting at least one severe symptom.

TBIs can result from a range of incidents, including:

• Falls

• Sports injuries

• Motor vehicle accidents

• Domestic violence

• Gunshot injuries

• Explosions 

What are the Long-Term Symptoms of Traumatic Brain Injury?

The most severe and persistent long-term effects of traumatic brain injury may include:

• Poor focus 

• Sleep disturbances 

• Irritability 

• Memory problems 

• Delayed thought process 

• Cognitive difficulties

Can a Concussion Have Long-Term Consequences? 

Concussions, also referred to as minor traumatic brain injuries (mTBIs), can cause short-term symptoms and/or lead to long-term neurodegenerative or neuropsychiatric conditions. Ongoing research suggests head injuries pose a serious risk of developing into dementia over time, a serious concern given that more than 23 million Americans aged 40 or older report having had a head injury that resulted in the loss of consciousness.

Some people experience post-concussion syndrome, when concussion symptoms last longer than the anticipated recovery period. It’s unclear why some people develop post-concussive syndrome and others don’t. Experts suspect it’s a combination of the physical brain damage and the emotional consequences of the brain injury on the individual.  

Common Neurological Complications of a TBI 

TBIs can lead to long-term health complications, including:

• Memory issues 

• Difficulty retaining new information 

• Seizures/convulsions

• Poor reasoning 

• Speech and language problems 

• Behavioral changes 

• Depression and anxiety 

• Insomnia

•  Alzheimer’s Disease

• Parkinson’s Disease

• Dementia

Some TBI injury symptoms are immediately apparent at the time of injury. Others may not appear for up to several days or weeks after the injury has occurred. TBI symptoms also may evolve or worsen over time, resulting in unexpected hardships for victims and their families. 

Contact a Traumatic Brain Injury Lawyer in Colorado Springs Today

The Colorado traumatic brain injury lawyers at Earl & Earl, PLLC are ready to fight for the compensation you deserve after an accident. Call or contact us today for a free consultation.

---

Colorado Springs Personal Injury Attorney

At Earl & Earl, PLLC, we treat our clients like we would treat members of our family. This means going above and beyond what people typically think of when they consider legal representation. We don’t just push the paperwork through and cut a deal with the insurance company. We help you get the treatment you need. If you need help getting your vehicle fixed, we work with you. If you are struggling to pay bills while you miss work, we walk you through your options. Most importantly, we fight for every bit of compensation you need to get back on your feet. Because we would never settle for less for our own families, we will never settle for less for you.

HOW LONG DOES IT TAKE FOR AN INSURANCE COMPANY TO PAY OUT A SETTLEMENT?

After an accident, obtaining compensation from the at-fault party can be essential to stay financially afloat. Compensation can help pay for medical bills, living expenses, and other essential costs like repairing or replacing damaged property. But the time it takes to get a settlement varies based on the facts of the case and the insurance company you’re working with.

At Earl & Earl, PLLC, we’ve helped thousands of injured people seek the compensation they need after accidents caused by someone else’s negligence. Our Colorado personal injury attorneys can guide you through the claims process and push for a full and fair settlement that accounts for all of your losses.

Contact us today for a free consultation with an experienced personal injury lawyer.

How Long Does It Take to Get a Personal Injury Settlement Check?

After reaching a settlement agreement, the involved parties “make it official” by signing a settlement release. This document will release the at-fault party and their insurer from any future liability claims related to the accident.

Then clients ask the next natural question: “How long will it take to receive a check after signing a settlement release?” In general, it takes about six weeks to finalize a settlement. But that can vary significantly based on the complexity of the case.

For example, a case where the other person is clearly at fault may resolve more quickly than one where there are complicated questions about the accident. In each case, insurance companies and investigators will need to understand exactly what happened and who was at fault before they’ll approach a settlement.

What Happens After You Sign a Settlement Release?

After signing a settlement release, several steps will take place. In a typical case:

• The insurance company will process the settlement amount, prepare a check, and close your claim.

• The check gets sent to your personal injury lawyer, who places the money in a special account.

• Any medical liens, attorneys’ fees, and other costs are paid from the account.

• Once all outstanding costs are paid, your lawyer can send you a check with your final settlement amount.

Reasons Your Settlement Check May Have Not Arrived Yet

Already reached a settlement? If you’re wondering where your compensation is and how much longer it may take, keep in mind that there may be specific reasons that your check hasn’t arrived yet. These could include:

• Insurance company processing delays. Key personnel who need to approve the settlement could be out of the office, slowing things down.

• There may be liens placed on your settlement. If you still owe medical providers for treatment you received, those debts must be paid before you can receive any funds.

Get Legal Help From Earl & Earl, PLLC

After an accident, turn to the experienced Colorado injury lawyers at Earl & Earl, PLLC. Our law firm treats clients like family, which means we’ll aggressively fight for the fair compensation you need and deserve. We know that your settlement check means a lot to you, so we’ll keep you updated on the progress of your case every step of the way.

Contact us now for a free consultation. We’ll show you why so many people in The Centennial State trust us to help them seek justice and compensation when they need it most.

---

Colorado Springs Personal Injury Attorney

At Earl & Earl, PLLC, we treat our clients like we would treat members of our family. This means going above and beyond what people typically think of when they consider legal representation. We don’t just push the paperwork through and cut a deal with the insurance company. We help you get the treatment you need. If you need help getting your vehicle fixed, we work with you. If you are struggling to pay bills while you miss work, we walk you through your options. Most importantly, we fight for every bit of compensation you need to get back on your feet. Because we would never settle for less for our own families, we will never settle for less for you.

STEPS IN A PERSONAL INJURY LAWSUIT IN COLORADO

Most people don’t like the idea of taking legal action against someone else. But if you or a family member was hurt in an accident caused by another’s negligence, filing a personal injury claim or lawsuit may be necessary to manage the enormous expenses that often accompany a serious injury.

A successful claim could keep you from spiraling into debt. So how do you start? By learning more about the personal injury claim process. Here’s how it works:

1. Contact a personal injury lawyer.

   Personal injury cases require thorough investigation. To receive compensation from an insurance company, you must be able to prove that someone else’s recklessness caused your accident and injuries. You’ll need persuasive evidence to convince them to pay.

   Trying to identify who should be held liable, collect evidence, and negotiate with the insurance company is not something you should do alone. An experienced personal injury attorney will have the knowledge and resources to help you pursue full and fair compensation.

   At Earl & Earl, PLLC, we can explain the personal injury claim process and how it applies in your case during a free consultation. Call or contact us today.

2. INVESTIGATE THE CASE.

   During the investigation, your attorney will move swiftly to gather and preserve vital evidence to help support your case. Medical records, photographs, witness statements, and the police accident report can all help your lawyer pin down who should be liable. Sometimes, more than one party is to blame.

3. PROVE NEGLIGENCE.

   Your attorney will work to demonstrate how the negligence of the at-fault party(s) led to your injuries. Proving negligence typically involves establishing these four elements:

   • Duty: You will need to show that the at-fault party owed you a “duty of care” to take reasonable steps to ensure your safety. For example, every motorist has a duty to drive safely to avoid harming others.

   • Breach: Next, you’ll need to show how the at-fault party breached their duty of care through negligence. Perhaps the motorist beside you was texting and sideswiped you. That would be a breach of duty.

   • Causation: You must demonstrate that the at-fault party’s negligence directly led to the accident and your injuries. For example, the texting driver may try to argue that it wasn’t their wrongful action that harmed you, but the fact that you were weaving in and out of your lane before the crash.

   • Damages: Finally, you’ll need to be able to show the extent of your financial and personal losses.

4. ENTER SETTLEMENT NEGOTIATIONS.

   Once your claim is prepared, your personal injury attorney will enter into settlement negotiations with the responsible party’s insurance company. This is the stage where you’ll finally start making decisions about how much money you’re willing to accept. The insurance company’s first offer will likely be far below what your case is worth. Your lawyer will know what’s fair and pursue maximum compensation on your behalf.

5. FILE A PERSONAL INJURY LAWSUIT.

   If a fair settlement cannot be reached with the insurance company, you have a decision to make ― accept the final offer or take the case to trial. Your attorney will discuss the pros and cons of filing a personal injury lawsuit with you.

   • Go through mediation and more negotiations.

   If you choose to file suit, your attorney and the defendant’s lawyer will usually begin settlement discussions to resolve the case without the need for trial. Trials can be lengthy and expensive, so settling is often to everyone’s advantage.

   Sometimes, settlements also involve a mediator. This is often a retired judge who will assist the two sides in reaching a fair settlement agreement.

6. GO TO TRIAL.

   Most personal injury cases settle out of court. But if your lawyer believes the best option towards a fair resolution will come from a trial, that could be your next step.

   The court proceedings could be as short as a day or potentially take years, depending upon the circumstances and complexities of your case. A judge will preside over the trial, and a jury will return a verdict after deliberations. If you disagree with the decision, you could file an appeal.

Contact Earl & Earl, PLLC Today

If you have been involved in an accident caused by someone else’s negligence, reach out to the dedicated Colorado personal injury attorneys at Earl & Earl, PLLC today. We will review your case, discuss your legal options, and help you craft a smart legal strategy for pursuing the full compensation you deserve. Contact us today for a free consultation.

---

Colorado Springs Personal Injury Attorney

At Earl & Earl, PLLC, we treat our clients like we would treat members of our family. This means going above and beyond what people typically think of when they consider legal representation. We don’t just push the paperwork through and cut a deal with the insurance company. We help you get the treatment you need. If you need help getting your vehicle fixed, we work with you. If you are struggling to pay bills while you miss work, we walk you through your options. Most importantly, we fight for every bit of compensation you need to get back on your feet. Because we would never settle for less for our own families, we will never settle for less for you.

CAN SOCIAL MEDIA AFFECT YOUR PERSONAL INJURY CASE?

Social media is wildly popular worldwide. According to recent statistics from the Pew Research Center, 72 percent of the American public uses social media today, whether through Facebook, Twitter, Instagram, or some other platform.

After an accident, it can be tempting to share the news through social media. It’s a quick way to reach friends and family who would want to know you’ve been hurt. But if you’ve got a personal injury claim pending, beware — the insurance company or defense lawyers could dig up any posts to use against you in your personal injury case.

Don’t spend time wondering whether your social media posts are OK. Get answers from a Colorado Springs personal injury lawyer at Earl & Earl, PLLC. Call or contact us today for a free, no-obligation consultation.

Posting on Social Media After an Accident

A social media post may seem innocent, but you’d be surprised about the damage it can cause. Take the case of a discrimination lawsuit filed by a Florida schoolteacher several years ago. The case settled for $80,000, but ended up being thrown out after his daughter bragged about it on Facebook. That’s because he violated the terms of the settlement agreement not to disclose any information about the award.

Confidentiality is key in every part of the personal injury process. By posting on social media, you open the door for anyone to access your information. Insurance adjusters have been known to “friend” people on Facebook to mine for photos and statements that could be used to minimize or dismiss your personal injury claim altogether. Keep in mind that your posts are not the only potentially damaging information out there. If you’re tagged in photos at a party when you’re supposed to be on bed rest, the insurance company can use that information to show that you weren’t following doctor’s orders. Your personal injury award could be reduced or even worse, dismissed altogether.

What You Should Never Post on Social Media

Prevent inconsistencies and innocent mistakes that could harm your personal injury claim by following these tips about what not to put on social media:

• Photos of your injuries: Avoid posting pictures of your injuries or the accident scene. They could serve as powerful evidence in your case, and you don’t want the other side getting them. Tell your friends and family members to keep you out of their social media posts, too.

• Updates on your case: As tempting as it is to “get the word out,” anything you say could be harmful to your lawsuit. Statements about your injuries could be misconstrued by the insurance company or, as in the case mentioned above, jeopardize your claim altogether.

• Comments on media coverage: If your case is particularly high profile, it may end up in the news. Blasting media outlets for poor coverage or inaccurate information on your case may be a way to vent your anger, but leave it to your personal injury lawyer to determine whether a public statement is warranted. In most cases, it’s not — and certainly not on social media.

Hurt? Get Legal Help from a Colorado Springs Personal Injury Lawyer

At Earl & Earl, PLLC, we pride ourselves on providing top-quality legal services to everyone who needs us. Whether your case is big or small, you can count on us to provide you with the attention and respect you deserve.

It’s easy to find out whether you have a personal injury case. Just reach out to us by calling or filling out our online contact form for a free consultation.

---

Colorado Springs Personal Injury Attorney

At Earl & Earl, PLLC, we treat our clients like we would treat members of our family. This means going above and beyond what people typically think of when they consider legal representation. We don’t just push the paperwork through and cut a deal with the insurance company. We help you get the treatment you need. If you need help getting your vehicle fixed, we work with you. If you are struggling to pay bills while you miss work, we walk you through your options. Most importantly, we fight for every bit of compensation you need to get back on your feet. Because we would never settle for less for our own families, we will never settle for less for you.

WHAT TO ASK A PERSONAL INJURY LAWYER

Being hurt in an accident can throw your entire life off balance. The road to recovery may be paved with high medical bills, lost wages from your job, and frustrating talks with stubborn insurance companies.

If you’ve been hurt in an accident caused by someone else, an experienced personal injury lawyer can help you seek compensation and maximize the value of your claim. But how do you find the right law firm with the best lawyer to meet your needs?

Here’s your answer: By asking the right questions.

Most personal injury law firms offer free initial consultations with prospective clients. This allows the lawyer to determine whether the client has a viable legal claim, but it has another vital purpose. It gives the client a chance to interview the attorney to see if they are a good fit.

Continue reading to learn what to ask a personal injury lawyer before hiring them. If you have specific questions about your case, an attorney from Earl & Earl, PLLC can answer them in a free case review. Call us today.

Do I Need a Personal Injury Lawyer?

You might need a personal injury lawyer if you were hurt due to another party’s recklessness. Examples of common personal injury claims in Colorado include car accidents, slip and fall incidents, or injuries caused by defective products.

There are cases where a personal injury attorney may not be necessary. For example, a fender bender with no injuries can probably be settled sufficiently without legal help. But if you were hurt in an accident where someone suffered serious injuries, died, or you are struggling to get a fair settlement from an insurer, it’s time to talk to a personal injury lawyer.

How Do I Find an Attorney?

You can get the names and contact information of numerous personal injury attorneys and law firms through a quick Internet search. However, you might consider narrowing the field of attorneys and firms that you would consider hiring by asking family and friends for referrals to personal injury attorneys they have worked with in the past. Alternatively, you can use the Colorado Bar Association’s Find a Lawyer service.

Questions to Ask Your Potential Personal Injury Lawyer

Here are some questions to ask a potential personal injury attorney:

• How long have you practiced law?

• What percentage of your practice focuses on personal injury cases?

• Have you handled cases similar to mine?

• Can you get started now?

• How long do you think it will take to resolve my case?

• Do you think my case will go to trial? How often do you try cases, and how many of those have you won?

• How much do you think my case is worth?

• Who will be handling my case?

• What are your fees?

• Will I have to pay case expenses if I don’t receive any compensation?

• What will I be expected to do to help with the case?

• Could you provide references?

Is Earl & Earl Right for Me?

Earl & Earl, PLL is committed to providing high-quality legal services that focus on results and building personal relationships with clients. At our firm, you will:

• Always work directly with the attorneys handling your case, not a legal assistant.

• Always receive prompt responses to your phone calls and emails.

• Receive an individualized, strategic approach to your case that works toward meeting your needs and goals.

• Get legal help with no upfront cost to you. We only get paid if we win compensation on your behalf.

You don’t deserve to suffer when someone else is to blame. Let us work to restore your personal and financial wellbeing. Call or contact us today for a free consultation.

---

Colorado Springs Personal Injury Attorney

At Earl & Earl, PLLC, we treat our clients like we would treat members of our family. This means going above and beyond what people typically think of when they consider legal representation. We don’t just push the paperwork through and cut a deal with the insurance company. We help you get the treatment you need. If you need help getting your vehicle fixed, we work with you. If you are struggling to pay bills while you miss work, we walk you through your options. Most importantly, we fight for every bit of compensation you need to get back on your feet. Because we would never settle for less for our own families, we will never settle for less for you.