What Compensation Can I Recover in a Car Accident Claim?
Various forms of compensation may be recoverable in a car accident claim, including:
- Lost wages
- Medical bills
- Property damage
- Pain and suffering
- Loss of earning capacity
- Loss of enjoyment of life
- Permanent scarring or disfigurement
- Future treatment and rehabilitation costs
The type and amount of recoverable damages depend on the severity of the injuries, fault, insurance coverage, and other complex factors. Our firm can assess every avenue for financial recovery to pursue a comprehensive settlement that covers your current and future care needs.
What Constitutes Negligence in a Car Accident?
Negligence occurs when a driver causes an accident by failing to exercise reasonable care on the road. Common examples of negligence include speeding, running red lights or stop signs, distracted driving, impaired driving (DUI), failing to yield, and aggressive or reckless maneuvers.
To recover damages in a car accident claim, you must prove that the at-fault driver had a duty to drive safely, breached that duty, and caused injuries or damages as a result. Our car accident attorney can carefully investigate the accident to identify responsible parties and gather evidence to help you meet the burden of proof in your case.
How Long Do I Have to File a Car Accident Claim?
In Colorado, the statute of limitations for car accident claims is generally three years from the date of the accident (C.R.S. § 13-80-101). Failure to file within this timeframe can result in the loss of eligibility for damages, making it essential to have a trusted injury lawyer on your side. Our attorney can help you file a timely claim, manage critical deadlines, and navigate the claims process efficiently.
How Can I Prove Liability in a Car Accident Claim?
Establishing liability is a complicated yet crucial step to recovering compensation in a car accident claim. We can help you demonstrate liability by a preponderance of the evidence (e.g., that the at-fault party’s negligence “more likely than not” caused the accident and your resulting injuries) to meet the burden of proof in your case.
Proving liability requires four key elements:
- Duty of care. The at-fault party (defendant) owed you a duty of care, such as obeying traffic laws and operating their vehicle responsibly.
- Breach of duty. The defendant breached their duty by acting negligently, such as running a red light or exceeding posted speed limits.
- Causation. The accident and injuries would not have occurred if not for the defendant’s negligence.
- Damages. You suffered actual harm as a result of the defendant’s breach.
My Loved One Was Killed in a Crash on US 6. Can I Seek Justice on Their Behalf?
If your loved one was killed in a car accident on US 6, you may be eligible to seek justice and compensation in a wrongful death claim. It’s important to understand that the filing deadline is reduced to two years for wrongful death cases unless the fatality results from a hit-and-run, which is subject to a four-year statute (C.R.S. § 13-80-102(2)). Our firm can guide your family through the legal process with care and compassion while you focus on honoring your loved one’s life and legacy.
I Was Rear-Ended by a Distracted Driver on I-70. Are They Automatically at Fault?
While a driver who rear-ends another vehicle is usually presumed to be at fault, this does not always mean that they are automatically and fully liable. Colorado uses a modified comparative negligence system, meaning fault can be divided between multiple drivers in the event of a crash.
If you were partially at fault for the accident, such as by failing to signal, driving erratically, or engaging in sudden or unnecessary braking (“brake-checking”), any compensation awarded will be reduced by your proportion of the liability. If your share of the fault is 50% or more, you may be barred from recovering compensation altogether.
Insurers often place undue blame on victims to evade or minimize payouts. If you were rear-ended on I-70, we can help you collect witness statements, photographs, video footage, police reports, and other key evidence to prove the other driver’s negligence and pursue the maximum amount of compensation available to you.
Do I Need a Car Accident Lawyer?
The last thing you need after a serious injury is additional stress. Seeking legal guidance can make a meaningful difference in the outcome of your case. Some important reasons to partner with our knowledgeable injury lawyer include:
- Navigating the claims process. We provide legal guidance to help you navigate the legal intricacies of completing the required forms, presenting strong evidence, and filing a claim within the appropriate statute of limitations to maintain eligibility for damages.
- Calculating damages. Insurers often try to take advantage of victims by pushing lowball settlement offers. We can accurately calculate available damages and advocate for a settlement that reflects both direct and indirect losses to prevent you from settling for less than you deserve.
- Understanding modified comparative negligence laws. We have a deep understanding of modified comparative negligence laws to evaluate fault, protect your rights against unfair insurer tactics, and pursue the full compensation you are rightfully entitled to.
- Negotiating a settlement. Our attorney can communicate with opposing parties on your behalf, negotiate a settlement that reflects the full extent of your injuries and losses, and protect your rights against greedy insurance companies.
- Trial representation. We never hesitate to litigate cases if necessary to hold negligent parties and insurance companies accountable. Our firm prepares every case for trial to give you the best chance of achieving a favorable outcome.
Don’t leave your future to chance after a wrongful injury. Call (720) 802-1466 to schedule a free consultation with our car accident lawyer. Se habla español.
