Do I Have a Car Accident Claim?
You may have the right to compensation if you suffered injuries in a collision that wasn’t your fault. Everyone on the road must follow traffic laws and operate their vehicles with reasonable care. When a driver’s negligent behavior causes a crash, they become liable for the injuries they cause.
You shouldn’t wait to discuss your rights and legal options if you were injured in an accident caused by another driver’s:
- Distracted driving
- Driving under the influence of drugs or alcohol (DUI)
- Fatigued driving
- Excessive speeding
- Aggressive or reckless driving
- Failure to yield
- Failure to follow traffic laws
If you think you may be partially at fault for the accident, you should still get legal advice. Colorado uses a modified comparative negligence system when evaluating these cases, which means you still may be able to secure some compensation even if you share some of the blame. You will be unable to recover compensation if you are found to be more than 50% at fault. If you are found to be less than 50% at fault, your compensation will be reduced by the percentage of fault assigned to you.
We can take the guesswork out of whether you have a strong personal injury claim. Our team can review your circumstances, provide personalized advice, and walk you through your options for recovering compensation.
How Long Do I Have to File a Car Accident Lawsuit in Colorado?
Colorado’s statute of limitations places a strict deadline on your right to file a personal injury lawsuit following a car accident. Generally, you have three years from the date of the motor vehicle collision to file a lawsuit to seek compensation for your injuries. If you fail to initiate legal action before this deadline expires, the court will almost certainly dismiss your case, and you will lose your right to recover damages, regardless of how severe your injuries are or how clear the other driver's fault is.
While three years may sound like a long time, we urge you to contact our team at Justice Now Injury Lawyers immediately after your accident. Waiting puts your entire claim at risk and actively benefits the insurance company working against you.
Here’s why you should discuss your car accident case with us as soon as possible:
- Evidence vanishes. The most crucial evidence, such as skid marks, vehicle debris, and surveillance video footage, can deteriorate or disappear quickly. We must dispatch our investigators right away to preserve this evidence before it is lost.
- Witnesses’ memory fades. The longer you wait, the more difficult it becomes for witnesses to recall critical details accurately. We need to secure their detailed statements while their recollection of the event remains fresh and reliable.
- Insurance companies mobilize. The opposing insurance company is already investigating ways to minimize or deny your claim. They will use your hesitation against you, suggesting your injuries were not serious or that the accident did not truly happen as you claim. We can move fast to counter their tactics and put your case in the best possible position.
Types of Compensation Available in Car Accident Cases
When we aggressively pursue a car accident claim on your behalf, we fight to recover all losses stemming from the other driver's negligence. These losses fall into two primary categories: economic and non-economic damages.
Economic damages are the verifiable, out-of-pocket costs you have incurred or will incur because of the accident. These are the expenses we prove with bills, receipts, wage statements, and expert testimony. Colorado law places no limit on the amount of economic damages we can recover for you.
Economic damages include:
- Past and future medical expenses. This category includes ambulance fees, emergency room visits, hospital stays, surgeries, doctor appointments, prescription medications, medical equipment, rehabilitation, physical therapy, and the estimated cost of all future medical care related to your injuries.
- Lost wages and income. We can demand compensation for all income you lost from the date of the accident until the present, as well as the value of sick or vacation time you had to use.
- Loss of earning capacity. If your injuries leave you permanently disabled or prevent you from returning to your former job, we can leverage expert financial analysis to demand compensation for the income you will lose over the course of your entire working life.
- Property damage. We can seek funds for the repair or replacement of your vehicle, as well as any other personal property damaged in the collision.
Non-economic damages compensate you for the personal and subjective losses that lack a specific bill or receipt but still dramatically impact your life. While these are more challenging to quantify, we can build a powerful case designed to force the insurance company to recognize the true depth of your suffering.
Non-economic damages include:
- Pain and suffering. This compensates for the physical pain and discomfort you have experienced and will continue to experience due to your injuries.
- Mental anguish. We can fight for compensation for the psychological trauma caused by the accident, including anxiety, depression, fear, PTSD, and emotional instability.
- Loss of enjoyment of life. We can seek compensation for the loss of your ability to participate in hobbies, family activities, or recreational pursuits you once loved.
It is important to know that while Colorado law places no cap on economic damages, it does set statutory limits on the amount of non-economic damages you can recover. We know these limitations and can work diligently to meet the legal standards required to maximize your recovery within the law.
In rare cases, we may also pursue punitive damages if the at-fault driver's conduct was particularly egregious, reckless, or willful, such as in collisions caused by extreme drunk driving. These damages are not intended to compensate you for a loss but rather to punish the defendant for their behavior and deter others from acting similarly.
Our car accident attorney can help you seek maximum compensation when you suffer life-altering injuries due to negligence. We also handle collisions involving Uber and Lyft, so call (720) 802-1466 or contact us online today.