Have you been injured in a car wreck in the state of Colorado? You may have legal options. If you or a loved one sustained injuries after an auto accident caused by negligence, you may be able to collect compensation.
This compensation, known legally as ‘damages’, could help pay for such accident-related expenses as medical bills, vehicle damages, lost wages due to the recovery period, and more.
But how do you get a settlement offer? That’s where a car accident lawyer can be of service. A Colorado car accident lawyer can offer sound legal advice and help you understand the best steps to take when starting a personal injury claim.
Though you could start a car accident claim on your own, working with a personal injury lawyer, such as those on the Florin|Roebig legal team, can offer several advantages.
Here, you’ll learn about how car accident claims work, what affects them, the benefits of working with a lawyer, top-rated injury lawyers in Colorado, and much more.
How Do Car Accident Claims Work in Colorado?
While no two car accident cases will be alike, most will follow the same general steps. Here is what you need to know about the steps to starting a car accident case in Colorado.
Gathering Evidence and Documentation
First, you will need to gather the necessary details to support your case.
This could include your medical care records, a copy of the police report, photos from the scene of the accident, eyewitness statements, insurance information, and more.
Much of this is information you can collect on your own, however, a lawyer will be able to help you identify the documentation that will prove crucial to your case.
Once you have this information, you can begin your claim. If you haven’t contacted an attorney yet, having documented evidence can prove helpful when you decide to start your case.
Contacting a Colorado Car Accident Attorney
After collecting documentation, it’s time to contact a reputable personal injury attorney. Keep in mind, you can also skip right to this step to save time, since a lawyer will know for sure the details that may prove important to your claim.
During your initial consultation, your lawyer will ask questions in order to determine:
- The at-fault driver or other party
- Whether you had serious injuries
- The extent of damages
- How the accident impacted your life
They may need to view your insurance claim as well. The very best car accident lawyers will provide a thorough case investigation to help you understand if you should move forward with your claim.
Filing Your Personal Injury Claim
Then, it’s time to file your claim. This part of the claims process is where you may rely on your lawyer the most. They will file your claim within the right area of the court and within the statute of limitations in Colorado.
Once the claim is filed, they will handle all communications for your claim on your behalf.
Responding to the insurance adjuster, poring over your car insurance details, communicating with the defendant’s lawyer, and generally fighting for maximum compensation are all tasks that will be expertly handled by your lawyer.
When you work with a skilled lawyer who is on your side, they will not stop until they have reached fair financial compensation that reflects the pain you’ve suffered from the accident.
What Factors Can Affect Car Accident Cases in Colorado?
A number of factors come into play in Colorado car accident claims. The biggest of these, perhaps, is negligence.
That is, a party can only be held liable for your car accident injuries if the party was negligent at the time of the accident, and this negligence led to your injuries.
There are many ways that motorists can be negligent, from speeding to reckless driving, texting or talking on your cell phone while driving, and driving under the influence of drugs or alcohol, among others.
Other major factors that can play a role in Colorado car accident cases include:
- Whether the at-fault driver was uninsured
- Whether you had your own insurance at the time of the accident
- If you sought medical attention right away
- Whether there was more than one at fault party
- If you’re suffering from emotional distress due to the accident
- Whether you left the scene of the accident early
- Your and the other driver’s level of impairment, if any
How Fault Works in Colorado Car Accidents
Colorado is an at-fault state for auto insurance. What does this mean? Car accident victims must file a claim with the at-fault driver’s insurance company in the case of a car accident.
All Colorado motorists are required to carry liability protection within their insurance policy — this pays for bodily injury, fatalities, and vehicle damages.
However, not every car accident is caused by the driver. There could be other factors at play, such as unpredictable weather conditions, faulty road design, or a vehicle manufacturer error.
To be at fault for an accident, a driver must have caused an error that could be considered negligent on their part (breaching their duty of care to other drivers), such as drunk driving.
When negligence is tied to fault, the at fault party can be held liable for your injuries. In other words, their auto insurance may have to compensate you via a claim, or they may have to compensate you directly via a personal injury lawsuit if insurance denies the claim.
Who Is Liable in a Car Accident Personal Injury Claim in Colorado?
Because of the many factors that affect liability, there may be more than one liable party in a personal injury claim in Colorado.
Driver
More often than not, car crashes are caused by driver error. Examples of driver error include failure to yield, tailgating, aggressive driving, distracted driving, and drunk driving.
If a driver makes an error that is considered negligent, they could be held liable for any resulting car accident injuries or vehicle damage.
Other Liable Parties
If the accident was caused by external factors, such as faulty road design or slippery roads, the other driver may not be at fault or liable.
For example, if your car had faulty brakes due to a manufacturer design error, the liable party would be the vehicle manufacturer, not the other driver.
A skilled Florin|Roebig personal injury lawyer can help you understand who is liable for your injuries.
Types of Damages in Personal Injury Cases
Personal injury cases may involve multiple types of damages, which are based on the way vehicle crashes have impacted accident victims.
Economic damages are those which have a specific value, such as medical bills, while non-economic damages cover those which you can’t easily put a number on, such as loss of a loved one.
In rare cases, a court may award you punitive damages, which are meant to set a precedent for future cases.
Medical Expenses
Medical treatment costs are one of the most common damages listed on car accident claims in Colorado. Compensation for medical expenses caused by an accident may apply to both current costs and any future medical bills you’re expected to incur due to accident injuries.
This is especially true if your quality of life is expected to change due to your injuries, such as lost earning capacity due to inability to work.
Lost Wages and Benefits
For severe injuries, you may need to take time off to recover and miss work in the process. You may be able to claim lost wages for the time missed, as well as any employer-provided benefits, such as health insurance, 401k earnings, etc.
Pain and Suffering
The vehicle accident could have caused you severe emotional distress, such as post-traumatic stress disorder (PTSD) or anguish over the loss of a family member. Damages for pain and suffering are meant to compensate you for your hardships.
Wrongful Death
If you are filing a claim on behalf of a loved one who died in a Colorado car accident, you may be able to seek compensation for their untimely death.
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What Injuries Happen in Car Collisions?
Car wrecks may lead to a host of injuries, ranging from minor to severe. Some of the most common injuries in auto accidents include:
- Broken bones
- Cuts and lacerations
- Chest injuries
- Head injuries
- Traumatic brain injuries (TBI)
- Whiplash
- Back and neck injuries
- Spinal cord injuries
- Scarring
- Disfigurement
- Limb loss
- Paralysis
- Fatalities
Types of Car Accidents That Occur in Colorado
Car accidents happen in a number of ways. The way an accident occurs can affect both who is considered liable as well as the number and extent of injuries. Common types of car accidents include:
- Fender benders, or minor car accidents resulting in minor damages
- Rear-end collisions, where one car crashes into the car in front of it
- Side-impact collisions, also called T-bone or broadside collisions
- Rollover accidents, which happen when a car rolls to its side or rolls one or more times
- Multiple vehicle accidents involve two or more vehicles
- Head-on collisions, which occur when two vehicles collide head on
Colorado Motor Vehicle Accident Rates
There were 639 fatal auto accidents in Colorado in 2021, according to the Colorado Department of Transportation (CDOT). While the number of fatal crashes in the state decreased in 2020, the rate has steadily been rising over the last year.
Other important crash facts for the state of Colorado:
- Inattentive driving was a major contributing factor in Colorado motor vehicle accidents in 2020.
- Speeding was one of the most-cited factors in fatal auto accidents in the state in 2020.
- Aggressive driving behaviors also frequently contributed to car accidents involving bodily injury and fatalities in 2020.
Benefits of Working With a Car Accident Lawyer
You will see a great many benefits when working with an esteemed car accident lawyer in Colorado for your case.
First, lawyers know Colorado law and how it will apply to your case. For instance, Colorado operates on a principle of comparative negligence, according to Colorado Revised Statute 13-21-111.
This law holds that you may still claim damages after a car accident but your payout may be reduced based on your level of fault in the accident. Your lawyer can help you understand how consideration of fault applies to your claim and work to ensure you are not assigned a higher level of fault than is rightfully yours.
In addition, your lawyer will be the go-between among you and the other parties in your claim. That way, you can put all of your energy into recovering from your injuries. Throughout your case, a lawyer will provide solid legal representation, giving you an optimal chance at reaching fair compensation.
The Best Colorado Car Accident Lawyers Near You
Whether you’re looking for a Denver car accident lawyer, one in Boulder, or elsewhere in Colorado, Florin|Roebig has you covered.
Our law firm has decades of experience in personal injury law, backed by an impressive track record and numerous testimonials from satisfied clients.
We have been awarded multiple accolades in the personal injury sector, including being named to multiple “Best” lists several years running. Our team of highly qualified car accident lawyers include:
- Wil H. Florin, B.C.S.
- Tommy D. Roebig, B.C.S.
- Chase P. Florin, B.C.S.
- Parker Y. Florin, LL.M.
- Taylor D. Roebig
- John J. Hart
- Lawrence J. Najem, O.C.
- Nollys R. Solarte, O.C.
- Andrew M. Leone, O.C.
We Are Nationally Awarded Lawyers
Connect With the Experienced Colorado Car Accident Attorneys of Florin|Roebig
Ready to begin your car accident claim? Reach out to the Florin|Roebig law firm to connect with a Denver car accident attorney today. We work on a contingency fee basis, so there’s no financial obligation unless we help you secure a settlement offer.
Not located in Denver? We can also provide a free consultation to start your case from anywhere in the state. Call our helpline now to learn more.
