Don’t Wait to File Your Claim
In Colorado, the statute of limitations on personal injury cases is two years. This means you may two years from the date of your injury to file a personal injury claim or you may lose your right to recover compensation. If your injury resulted from a car accident the statute of limitations changes to three years from the date of the accident. While Colorado does recognize some exceptions to the statute of limitations, it is best to file a claim as soon as possible. An attorney from our firm will be able to tell you how these laws may affect your case.
Can a Personal Injury Case Be Appealed?
When it comes to filing a personal injury claim, there are two ways the case can be resolved: through negotiating a settlement and through litigating the case in court. Plaintiffs who opt for the former may receive a lesser amount than they might receive through litigation, but litigating the case means that there is a chance the plaintiff won’t receive any money at all if a jury rules in favor of the defendant. However, if this happens, the plaintiff may have recourse. Whereas settlements cannot be appealed or reopened, judgments obtained through litigation may be able to be appealed.
Appeals do not automatically occur if you lose your personal injury case. The process only begins when your attorney files a notice of appeal, which is typically soon followed by a Motion to Dismiss the Appeal from the defendant’s attorney. It is possible that your case might be dismissed before it ever takes off, in which case you might end up having to pay for the defendant’s (or, in this case, “appellee”) legal fees and court costs. If the judgment given was in your favor, it is possible the defendant might be the one who chooses to file an appeal. Regardless of who files for an appeal, however, both sides should ready themselves for a lengthy process; appeals can be tedious and time-consuming. No two cases are the same, of course, but appeals typically take anywhere from two to three years, though it all depends on the specific circumstances and details.
The appellate court can do any of the following actions when the time comes:
- Their judgment might reverse the lower court’s decision
- They might affirm the lower court’s decision
- They might send the case back for further proceedings
The losing party might be able to further appeal to the state’s Supreme Court or the U.S. Supreme Court. Given the high volume of requests higher courts receive, they tend to only grant reviews to cases that involve unsettled questions of law. The U.S. Supreme Court can only handle cases that raise federal or constitutional issues.
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