Denver Assault Injury Lawyer
NOTE: Our law firm does not handle assault injury cases. This article is for informational purposes only. Information found in the article does not constitute formal legal advice and does not create an attorney/client relationship.
Did someone attack and assault you in Denver, Colorado?
If so, you may be entitled to recover compensation for your physical, emotional, and financial damages.
However, suing your attacker can be challenging.
Overview of Assault Laws in Colorado
Unlawfully causing bodily injury to another person is the definition of assault in Colorado. There are three degrees of assault, as stated by Colorado statutes.
A person commits first-degree assault (C.R.S. 18-3-202) when they intentionally use a deadly weapon to cause someone serious injuries, permanent disfigurement, or disability of an organ. Second-degree assault (C.R.S. 18-3-203) is defined as intentionally causing someone serious harm without using a deadly weapon. Second-degree assault also includes recklessly causing injury with a weapon or causing injury to an on-duty official.
Third-degree assault (C.R.S. 18-3-204) occurs when someone negligently causes injury with a deadly weapon. An attacker can be charged with a felony or misdemeanor for assault.
The penalties for an assault conviction depend on the degree of the assault and other factors. A person could spend years in prison and pay thousands of dollars in fines if convicted of assault.
However, a criminal conviction does not compensate you for your damages. The court may order restitution, but the amount might be minimal compared to your actual damages. Filing a personal injury claim in civil court can help you recover the money you deserve for an assault injury claim.
Assault Causes Severe Injuries for Victims in Denver, CO
An assault is a violent act that often leads to one or more injuries. The injuries can be severe and cause permanent and life-altering impairments. Assault injuries may result in life-threatening conditions and wrongful death.
Examples of assault injuries we handle include:
- Concussions and head injuries
- Spinal cord injuries
- Traumatic brain injury
- Nerve damage
- Broken bones and fractures
- Facial injuries
- Scarring and disfigurement
- Paralysis
- Soft tissue injuries
- Back and neck injuries
- Severe emotional distress and mental trauma
- Internal organ damage
- Amputations and loss of limbs
It is important to seek immediate medical treatment for assault injuries. Medical care protects your health. Prompt medical treatment also helps with a personal injury claim. Your medical records help prove that the assault caused your injuries.
Many assault victims blame themselves for the assault. However, it is not your fault. Call 911 to report an assault and file a police report. The person who caused your assault should be held criminally and civilly liable for their wrongdoing.
Who Is Liable for an Assault Injury Claim in Denver, CO?
The person who attacked you can be held liable under the state’s intentional tort law. Therefore, you can file a personal injury claim against the attacker. However, other parties could share liability for your damages.
Assaults often take place on another party’s property. A property owner, business owner, or other responsible party could be liable for your damages if their negligence contributed to the assault.
Examples of parties who might share responsibility for your injuries and damages include:
- Resorts and hotels
- School districts, colleges, private schools, and daycares
- Cruise ships
- Business owners
- Apartment complexes
- Parking garage owners
- Medical facilities, including nursing homes and hospitals
- Commercial and residential property owners
- Employers
- Sports and entertainment venues
- Office complexes
- Government entities
Proving that a third party contributed to the cause of your assault can be challenging. You must prove their actions or omissions directly and proximately resulted in the assault.
What Damages Can I Receive for an Assault Injury in Denver, CO?
Damages compensate you for the harm and losses caused by an assault. Assault victims can seek economic damages for their financial losses. Examples of economic damages include:
- Medical bills and expenses
- The cost of mental health treatment and counseling
- Lost wages and benefits
- Out-of-pocket expenses
- In-home nursing care
- Household services and personal care
- Reduced earning capacity
- Occupational and physical therapy
Survivors of assault may experience severe pain and suffering. They can seek compensation for these non-economic damages in a personal injury claim. Examples of pain and suffering damages include:
- Disfigurement and scarring
- Loss of enjoyment of life
- Physical pain and discomfort
- Mental anguish
- Impairments and disabilities
- Diminished quality of life
- Emotional distress
A jury may also award punitive damages in an assault injury case. Punitive damages are awarded by juries to punish the at-fault party for their conduct. State law allows punitive damages in cases involving malice, fraud, or willful and wanton conduct.
How Much Is My Denver Assault Injury Case Worth?
The value of your damages depends on several factors. The factors that could impact how much your assault injury case is worth include:
- The type and severity of your injuries
- The evidence proving liability
- The parties involved in the case
- The availability of insurance coverage
- Whether you can return to work
- The extent of impairments and disfigurement
- The duration of your recovery
What Is the Statute of Limitations for Filing an Assault Injury Claim in Colorado?
A statute of limitations sets deadlines for filing claims. If you do not file a personal injury lawsuit before the statute expires, your lawsuit may be dismissed, and you would lose your right to hold your attacker legally responsible for damages.
Most personal injury claims have a two-year statute of limitations in Colorado. However, several exceptions extend or shorten the deadline to file claims. Therefore, we recommend contacting a Denver assault injury lawyer as soon as possible to avoid a problem with the statute of limitations.
