Boulder Personal Injury Attorney

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Injuries tragically happen every day in Colorado. Whether they occur while you’re riding your bike to school, doing your job, or walking through a store, accidental injuries can derail your life, leaving you with expensive medical bills and potentially coping with severe pain.

If you or someone you love has been hurt, it’s crucial you understand your rights as Boulder County and Colorado provide you with certain protections. If someone harms you, you’ll usually have the right to pursue a claim for compensation and fight insurance companies with help from our expert attorneys. However, there are specific processes you’ll need to follow and a limited time in which to act.

Daniels & Scriven, PC is here to help if you find yourself facing an injury or coping with the death of a loved one resulting from an accident someone else caused. Our Boulder personal injury lawyers have decades of collective experience advocating for our clients and we can put that knowledge to work for you.

Contact our personal injury lawyers to schedule your free consultation and learn more. You can also read on to learn more about your rights after an injury in Colorado.

Why Choose Daniels & Scriven, PC:

Dedicated Colorado Natives Serving Our Community For Over 40 Years

If you’ve sustained a personal injury in Boulder, CO, the aftermath can be overwhelming and traumatic. As experienced personal injury attorneys, our team understands the emotional and physical toll such incidents take, and we are here to support you every step of the way.

“Willing to go the extra mile for their clients.”

Meet Our Dedicated Attorneys

At Daniels & Scriven, P.C., our attorneys bring extensive experience and a community-focused approach to assisting clients in reclaiming their lives after an injury.

Brad Scriven

With over 30 years of legal experience in Colorado, Brad Scriven is a veteran personal injury lawyer committed to advocating for those who have been injured. Brad is licensed to practice in both Colorado and Federal courts. Beyond his legal expertise, he is a passionate Denver Broncos fan, a dedicated father, and a proud grandfather. On weekends, you’ll often find him supporting his grandchildren in their sports and activities, demonstrating his strong commitment to family and community.

Nicole C. Daniels

Nicole C. Daniels has been representing injured clients since 2006. A Colorado native, she earned her Bachelor of Arts degree from Colorado State University before obtaining her J.D. from Washburn University Law School. Admitted to practice in Colorado State and Federal Courts, Nicole specializes exclusively in personal injury law. She is dedicated to guiding her clients through every stage of their legal journey, from pre-litigation negotiations to trial and appeal.

At Daniels & Scriven, P.C., our lawyers combine years of legal expertise with a genuine commitment to helping injury victims rebuild their lives. We prioritize a personalized, community-focused approach, ensuring you receive the skilled and empathetic representation you need.

When Can You Make A Personal Injury Claim In Boulder?

Colorado follows a legal doctrine called modified comparative negligence to determine when you can make a personal injury claim. The rule is set forth in Colo. Rev Stat. § 13-21-111 which says, in relevant part, “Contributory negligence shall not bar recovery in any action by any person or his legal representative to recover damages for negligence resulting in death or in injury to person or property, if such negligence was not as great as the negligence of the person against whom recovery is sought.”

This is a formal way of saying that as long as the defendant you’re pursuing a claim against was at least 51% responsible for causing your injuries, you are entitled to partial compensation.

Under the same statute, the law specifies that “the court shall reduce the amount of the verdict in proportion to the amount of negligence attributable to the person for whose injury, damage, or death recovery is made.” This means if you sustained $100,000 in damages and the defendant was 60% responsible, you could recover $60,000.

You’ll need to act quickly to pursue your case, though, as Colo. Rev. Stat. § 13-80-102(1) establishes a two-year statute of limitations for most injury claims, including those arising from “negligence, trespass, malicious abuse of process, malicious prosecution, outrageous conduct, interference with relationships, and tortious breach of contract.”

However, there is an exception in situations where injuries occur from motor vehicle accidents. In these situations, Colo. Rev. Stat. § 13-80-101 imposes a three-year statute of limitations.

Types of Personal Injury Claims

You can make a personal injury claim in any situation where you can prove that a defendant violated a duty and caused you harm. Some common examples of injury claims that Daniels & Scriven, PC handles include:

Motor vehicle accidents. Injuries resulting from vehicle collisions caused by negligent drivers. A Boulder car accident attorney can get you the compensation you deserve.
Motorcycle accidents. Injuries sustained in crashes involving motorcycles due to other drivers’ carelessness.
Pedestrian accidents. Cases where a pedestrian is struck by a vehicle, often due to distracted or reckless driving.
Truck accidents. One of our experienced truck accident lawyers in Boulder can provide legal support for serious injuries caused by commercial vehicles and their improper operation or maintenance.
Bicycle accidents. Injuries caused by vehicles failing to yield or obey traffic laws, endangering cyclists.
Slip-and-falls. Injuries occurring on unsafe or improperly maintained property, like wet floors or uneven walkways.
Dog bites: Injuries from dog attacks, often involving cases of owner negligence or failure to properly control their pets.

If someone behaved negligently or intentionally in a way that hurt you, our Boulder personal injury firm can likely help you get compensation for the losses you experienced as a result of their wrongful acts. A personal injury lawyer from Daniels & Scriven, PC will fight with insurance companies to get you the maximum compensation that you deserve.

How To Make A Boulder Personal Injury Claim

A personal injury claim is called a tort claim. According to a Colorado case, United Blood Servs. v. Quintana, 827 P.2d 509 (Colo. 1992), “a cause of action in tort arises out of a violation of a legal duty imposed upon an actor to avoid causing harm to others.”

You can make your claim if someone hurt you intentionally or as a result of carelessness. Many cases arise out of negligence or carelessness, but there are specific things you must show for your case to be successful.

As the court explained in Perreira v. State, 768 P.2d 1198 (1989), “to recover on a claim in negligence, the plaintiff must establish the existence of a legal duty, breach of the duty, causation, and damage.

Essentially, this means you must show:

A defendant had an obligation or duty to you. This includes a driver’s obligation to be safe on the road or a property owner’s obligation to maintain a safe premise.
They failed to fulfill that obligation. You can show this by demonstrating they acted more carelessly than a reasonable person would have under the circumstances
Their failure was the direct cause of harm for which you can be compensated. The defendant’s failures must have caused you actual damages.

Daniels & Scriven, PC will help you gather the evidence you need to prove all of these elements of your claim.

Compensation for a Boulder Personal Injury Claim

If you’re entitled to compensation under Colorado’s tort laws, you should be “made whole” or fully repaid for your losses. Whether you’re in Boulder County or elsewhere in Colorado, you can negotiate an out-of-court settlement or go to court, but in either scenario, you typically should receive payment from the defendant for:

Medical bills
Lost wages
Pain and suffering
Emotional distress

However, Colo. Rev. Stat. § 13-21-102.5 imposes a cap on “noneconomic losses or injuries,” which includes damages for “pain and suffering, inconvenience, emotional stress, and impairment of the quality of life.” The maximum you can recover changes over time based on inflation. Daniels & Scriven, PC can help you to understand the amount of non-economic damages available to you.

Colo. Rev. Stat. § 13-21-102 also limits the amount of punitive damages, which are available only in “circumstances of fraud, malice, or willful and wanton conduct.” It’s rare for punitive damages to be available in personal injury claims. When they are awarded, the cap is three times actual damages

Daniels & Scriven, PC will help you to maximize the damages available to you after you were harmed to get you the full amount of compensatory, non-economic, and punitive damages you’re entitled to.

Getting Help from a Boulder Personal Injury Lawyer

At Daniels & Scriven, PC, we have spent more than 40 years recovering millions of dollars for clients coping with the aftermath of accidents and facing the reality of life with lasting injuries, while navigating the challenges posed by insurance companies. To find out more about the advocacy our Boulder personal injury lawyers can offer as you fight for your rights to full and fair compensation, give us a call at (720) 863-6006 today.