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If a worker is injured by a defective piece of equipment or machine, then a product liability claim may be pursued against the manufacturer or distributor.
If a worker is injured because of the negligence of his employer or a colleague and the employer carries workers’ compensation insurance, the worker may be restricted in filing a legal claim other than through workers’ compensation.
Workers’ compensation is a type of no-fault coverage that allows for injured employees to seek damages. In exchange, they give up their ability to sue their employers for additional damages, although there are exceptions to this general rule. Also, an injured worker may look into the possibility of third-party liability.
If for example you were injured by a faulty piece of machinery, the manufacturer may also be held responsible. We are willing to engage the best experts to understand who is truly at fault for your injury.
Working with the best doctors and experts, we discover the full scope of your injuries so we can fight for fair compensation for you. Often people think their issues will go away with treatment, but those injuries can often come back after a person stops treating them.
We deal with the insurance companies and “safety managers” (often known as company men) who are often trying to protect themselves by blaming you rather than determine what the root cause of the accident really was.
When an individual gets injured in an accident as a result of a negligent act, it falls on the negligent party’s insurance provider to determine to what extent they will cover the costs of any medical or injury related expenses. From the time the insurance company is notified of a claim, they are building their case to pay you as little as possible. Every statement will be used to accomplish their goals. In order to avoid the serious threat of under-compensation for your injuries, it is essential that you hire a knowledgeable attorney that will fight to ensure all your needs, present and future, are addressed in your claim.
Negligence is one of the most important aspects of a personal injury case. In fact, it is what an entire claim is based on. Negligence is what causes the accident you were injured in in the first place. A person can be is negligent when he fails to act in a way that a reasonably careful person would act in the same situation. In the legal field, proving negligence has four aspects. First, the individual accused of negligence must have owed the injured individual a duty of care. Second, they must have violated that duty. Third, that breach directly caused the injury. Fourth and finally, that the damage from the injury is provable. If all four elements are met, an individual may be accused of negligence.
In a personal injury claim, the two most common forms of damages that you will be able to recover are called compensatory and punitive damages. Naturally, the type of damages that you can receive will depend entirely on the situation and the type of accident that you were injured in. Compensatory or actual damages are, as the name indicates, a payment made to compensate for the loss or damage that was suffered. If, for example, you were injured in a car accident and had to pay for a hospital stay and physical therapy as a result, you can be compensated for those payments. Punitive damages, on the other hand, are made in response to willful and wanton act. It is a punishment or deterrence to try to keep the individual or others from repeating the act. This payment will be made in addition to the compensatory damages. These types of damages are much more difficult to determine and can include fraud, malice, bad faith, recklessness, and wanton violence. This is a controversial topic in tort law and is often hard to nail down. In most cases, it will be difficult to receive punitive damages on top of actual damages as the attitude behind a particular action can be hard to prove. However, if you intend to seek such recompense, it is best to do so with the aid of an attorney who has experience with a wide range of personal injury suits.
Workers’ compensation claims can only be filed against your employer and must have been injured while “on the job.” Personal injury claims, however, can be filed against any negligent person, other than your employer.
When you hire Bagby Law, there is no charge for the firm's time unless your personal injury case is concluded successfully. While every case has its unique circumstances, our attorneys are confident that they have the skill and know-how to secure the compensation your injuries demand. With our firm you stand to lose nothing should our handling of your case not be successful.
We care about our clients and work to get to know them. We want to advocate for your unique and specific circumstances when we fight your case. We want to help make sure you get better.
At Bagby Law, we pride ourselves in giving you the most honest appraisal of your situation to help you evaluate the risks and rewards of a case. We put in the work and money to develop and fight your case aggressively. We have spent tens of thousands of hours as trial attorneys fighting cases like these, and we bring that expertise to bear on your case. If we need the additional expertise of outside lawyers to help win your case, we bring them in to fight for you at no additional charge. This is our commitment to bringing you the best team to win your case.
We embrace modern business practices, communication standards and technologies (hello text and zoom!) so we can move quickly on your case, unlike older, slower, more old-school firms.
Serving Colorado Springs, Monument, Castle Rock, Pueblo, Trinidad and Fort Carson, San Antonio, and the surrounding areas
Also serving Monument, Castle Rock, Pueblo, Trinidad and Fort Carson
7035 Campus Drive, Colorado Springs, CO 80920
At Bagby Law, your initial free consultation is private and confidential. We may even be able come to you to discuss your matter and perform a free case evaluation.
Call, text, or message us today so we can help.