What Damages Are Recoverable in Car Accident Claims?
Various forms of compensation may be recoverable in car accident claims. The type and amount of available damages depend on the severity of the injuries, fault, and the specific impacts of the accident on your daily life.
There are two primary types of recoverable damages:
- Economic damages for direct financial losses, such as medical bills, treatment costs, lost wages, property damage, and loss of earning capacity.
- Non-economic damages for indirect losses, such as pain and suffering, loss of enjoyment of life, emotional distress, and permanent scarring or disfigurement.
At Justice Now Injury Lawyers, we assess every avenue for financial recovery to pursue a comprehensive settlement for your current and future care needs.
Do I Have a Valid Car Accident Claim?
Merely suffering an injury isn’t sufficient to recover compensation in a car accident claim. To be eligible for damages, you must prove that the negligent party (defendant) directly caused the crash. This typically requires evidence like police reports, medical records, witness statements, and photos from the scene.
Some common causes of car accidents resulting from negligence include speeding, distracted driving, drunk driving (DUI), failure to yield, and driving while drowsy. Our firm can help you gather evidence to establish liability and demonstrate that the negligent party directly caused the accident and your resulting injuries.
What Are Common Injuries in Car Accidents?
Car accidents can result in a variety of serious injuries, such as:
- Burn injuries
- Soft tissue injuries
- Whiplash and neck injuries
- Broken bones and fractures
- Back and spinal cord injuries
- Traumatic brain injuries (TBIs)
- Internal injuries and organ damage
What Is the Deadline for Filing a Car Accident Claim in Colorado?
The statute of limitations for car accident claims in Colorado is three years from the date of the accident (C.R.S. § 13-80-101). This only applies to injuries arising from the use or operation of a motor vehicle and differs from the state’s standard two-year statute for personal injuries (C.R.S. § 13-80-102).
Failure to file within the correct deadline can result in the loss of eligibility for damages. Our car accident lawyer is well versed in these legal nuances to help you complete the necessary paperwork, file a timely claim within the appropriate timeframe, and track critical deadlines to prevent delays and keep your case on track.
Proving Liability in a Car Accident Claim
Because the victim (plaintiff) bears the burden of proof in car accident claims, having a knowledgeable car accident attorney on your side is crucial to establishing liability by a preponderance of the evidence (e.g., that the defendant’s negligence “more likely than not” caused the accident to occur).
To successfully recover a settlement, you must demonstrate the following:
- Duty of care. The defendant owed you a duty of care, such as obeying stop signs and posted speed limits.
- Breach of duty. The defendant breached their duty by acting negligently, such as running a red light or driving recklessly.
- Causation. The defendant’s negligent actions directly caused the crash and resulting losses.
- Damages. The defendant’s negligence resulted in actual harm (damages).
Our attorney can review the facts of your case, identify liable parties, and help you gather documentation and other evidence to meet the standard of proof in your case.
Can I Recover Exemplary or Punitive Damages After a Hit & Run Accident on I-25?
Punitive or exemplary damages are a type of punishment-based compensation awarded when the at-fault party’s behavior was especially reckless, malicious, or showed a conscious disregard for others’ safety. Unlike economic and non-economic damages that compensate the victim directly for losses, exemplary damages are meant to punish wrongful conduct and discourage similar behavior in the future.
Exemplary damages are only available in limited situations and require proof that the negligent party acted with malice or willful and wanton conduct (C.R.S. § 13-21-102). This may apply if the driver fled the scene to avoid responsibility, was impaired, or engaged in extremely reckless behavior. If you were in a hit-and-run accident on I-25, we can meticulously investigate the collision, collect evidence, and evaluate whether the driver’s actions meet the state standard for exemplary damages.
Can I Recover Compensation if I Was Partially at Fault for a Collision at Tower Road & Smoky Hill Road?
Colorado follows a modified comparative negligence rule, meaning plaintiffs can still recover compensation in a car accident claim as long as their share of the fault is less than 50%. If you are more than 50% at fault for an accident at Tower Road and Smoky Hill Road, you may be ineligible to seek damages.
If your share of the liability is under 50%, any compensation awarded will be reduced by your proportion of the fault. For example, if you are found to be 30% at fault for a car accident totaling $20,000 in damages, you may only receive $14,000 ($6,000 less than the original claim value).
Insurance companies have a reputation for placing undue blame on victims to evade or minimize payouts. Our lawyer is familiar with these tactics to protect your rights and prevent you from settling for less than you deserve.
Do I Need a Car Accident Lawyer?
Seeking justice after a wrongful injury can be stressful and overwhelming, especially while recovering from a serious accident. Below are some important ways that our car accident attorney can help:
- Navigating the claims process. We can guide your steps with care during the legal process to maintain eligibility for damages and prevent costly procedural errors that may lead to delays or dismissals.
- Investigating the accident. We can thoroughly investigate the circumstances of the accident and gather essential evidence like police reports, expert testimonies, and photos or surveillance footage to support your claim.
- Proving fault. We have a deep understanding of personal injury law to help you identify negligent parties, establish liability by a preponderance of the evidence, and fight to hold the responsible individuals or entities accountable.
- Calculating damages. We can calculate both economic and non-economic losses to pursue a settlement that accurately reflects every impact of the accident on your life, from future healthcare costs to psychological trauma.
- Negotiating a settlement. We can communicate with opposing parties on your behalf to negotiate a favorable outcome while protecting your rights against greedy insurance companies.
- Trial representation. We prepare every case for trial to show insurers that we mean business and give you confidence that your financial future is prioritized.
Don’t pay the price for someone else’s negligence. Our firm is available 24/7 to assist you. Call (720) 802-1466 to schedule a free consultation.
