If you or a loved one has sustained car accident injuries in the Colorado Springs area, filing a personal injury claim might help you recover from the losses you have suffered.
Although it is legal in Colorado to file a claim without a personal injury attorney, most people opt to hire an experienced lawyer because the process can be complicated and taxing to take on alone.
Skilled lawyers can help car accident victims get the compensation they deserve after a crash. Insurance companies and other liable parties won’t be able to take advantage of you if you have an experienced lawyer by your side.
Find out what you should do after a car crash in the Colorado Springs area, what laws and details might affect your case, and where to find the best legal representation in the area.
What To Do After A Car Accident In Colorado Springs, CO
Even if you aren’t sure whether you want to file a personal injury claim after a motor vehicle accident, there are some steps to take so you can be prepared for any scenario.
Step 1: Gather Documents
After a car crash, it’s important to gather all documentation related to the accident, your injuries, and your finances.
Medical bills, police reports, insurance information for yourself and other drivers involved, photos of the accident scene, and eyewitness accounts of the accident are all good pieces of evidence to have on hand.
If you are able to gather these documents before a free case evaluation with a lawyer, they will be able to give you a better understanding of how strong your case is and whether you should move forward with a claim.
Step 2: Reach Out To A Colorado Springs Car Accident Attorney
A personal injury lawyer can help you get fair compensation for losses related to your accident. An attorney will handle all communication related to your case, and they will help you fight your case in court if it doesn’t settle and you need to file a lawsuit.
Step 3: If Appropriate, File A Personal Injury Claim
A lawyer will help you determine whether filing a personal injury claim is the right thing to do. Personal injury claims allow people injured in accidents to seek compensation for all of the expenses and losses they have endured as a result of the accident.
Usually, your claim will be filed against the at-fault driver’s insurance company. The insurance company will be asked to pay you for your losses.
Your lawyer will negotiate with the insurance company or other liable party until a fair settlement amount is agreed upon.
Car accident claims do not only apply for serious injuries. Even minor injuries and emotional distress can be compensated during the claims process.
Step 4: If Necessary, File A Lawsuit
Although rare, it is sometimes the case that a settlement amount cannot be agreed upon between you, your lawyers, and the liable party.
In these instances, a personal injury lawsuit can move your case into the court system, where a judge will hear the case and rule on a compensation amount to be paid.
If your case goes to court, having an experienced auto accident lawyer by your side will be helpful.
How Does Liability Work In Car Accident Claims In Colorado Springs, CO?
When a party is liable for a car accident, it means that they are legally responsible for paying compensation for damages to people injured in the accident.
It is important to understand that liability and fault are different. If a driver is at fault for an accident, it means that they caused the accident to occur. However, the at-fault driver likely has auto insurance which covers them in situations where they are at fault.
Insurance companies that are held liable for an accident will be asked to pay for damages related to medical expenses, property damage, emotional distress, and any other losses the claimant has suffered.
Other possible liable parties could be the driver themselves (if they are uninsured or if damages exceed insurance coverage), an auto manufacturer, or the party responsible for maintaining the roadway.
What Factors Can Influence Your Car Accident Case In Colorado Springs?
Many different factors can influence your personal injury claim after a car accident. Colorado has unique laws which an experienced practitioner of personal injury law will be able to navigate easily.
Fault, Liability, And Negligence
If you’re going to file a personal injury claim, three terms you need to understand are fault, liability, and negligence.
Fault refers to the party that caused an accident to occur. Usually, a motorist is at fault for a car crash. But sometimes, another party, such as an automaker, could be at fault. Other times, fault is divided among multiple motorists involved in a crash.
Negligence means that the party who caused the crash did so because they acted in a way that they knew, or should have known, could cause harm to others. Examples of driver negligence include distracted driving, drunk driving, or reckless driving.
Negligence must be present in order for a personal injury claim to be pursued. A party’s negligence must have led to the crash and to the resulting injuries in order for a claim to be filed against them.
Liability refers to the party who is responsible for paying any damages after a personal injury claim. In car accidents, this is usually an insurance company.
Colorado Laws
In Colorado, there are certain laws that can influence your personal injury claim after a car accident.
The main law in Colorado that is different from many other states is called comparative negligence. This law states that if multiple parties are at fault in an accident, including the person making a personal injury claim, the payout amount will be reduced according to their level of fault.
Another law in Colorado called the statute of limitations states that after an accident, you have up to two years to file a personal injury claim. If you do not file a claim in this time period, you will not be able to in the future.
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What Damages Can You Be Compensated For After A Colorado Car Accident?
A car accident and resulting injuries can impact your life in a number of ways. The damages you seek in a personal injury claim will depend on the impacts your injuries have had.
There are three main types of damages that can be sought in Colorado personal injury cases: compensatory, general, and punitive damages.
Compensatory Damages
The point of compensatory damages is to pay for any costs that you have incurred related to the accident. Property damage, medical expenses, and lost wages and/or benefits (due to being unable to work after an injury) are what will typically be compensated with these damages.
General Damages
General damages are non-economic damages meant to compensate accident victims for less obvious impacts to their life stemming from an accident.
Emotional distress, pain and suffering, loss of relationships, and other impacts to overall quality of life are what these damages aim to compensate accident victims for.
Personal injury lawyers are experts at clearly demonstrating all the ways that an accident has affected your life so that you can be compensated fairly.
Punitive Damages
Punitive damages cannot be sought in a personal injury claim.
Instead, they are imposed by the court in rare cases as a way of punishing the negligent party and deterring them from doing the same thing again.
Common Causes Of Car Accidents
The causes of car accidents in Colorado Springs vary widely. Usually, accidents occur because of one or more negligent drivers on the road. Common causes of car accidents include:
- Reckless driving: Tailgating, speeding, and other aggressive driving behaviors are often deemed as reckless and can lead to an accident.
- Dangerous road conditions: Slick roads due to bad weather, poor visibility, improper signage, or an improperly maintained roadway can all lead to an accident.
- Driver impairment: Driving under the influence (DUI) of drugs or alcohol is dangerous and is responsible for a lot of vehicle collisions,
- Driver error: There are endless mistakes a driver can make on the road, including failing to signal a turn, failing to yield or stop, etc.
Common Types Of Car Accidents In Colorado Springs, CO
All car accidents are not the same. There are many different types of collisions that occur, and the type of accident can play a role in whether you are at fault in an accident.
People who are involved in motorcycle accidents and truck accidents can also seek compensation via a personal injury claim in Colorado. Some common types of car accidents include:
- Broadside collisions: Also called T-bone collisions, these crashes occur when someone hits the broad side of your car.
- Sideswipe collisions: These happen when another car swipes your car from the side, often clipping the back end.
- Multiple vehicle accidents: These occur when two or more cars are involved in a crash.
- Head-on collisions: This refers to two vehicles colliding their front ends. These crashes are often deadly because they occur at high speeds.
- Hit and run accidents are when someone hits a vehicle or another object and then flees the scene.
- Rear-end collisions: These occur when someone runs into the rear of your vehicle.
What Types Of Injuries Can Lead To A Claim?
Any injury sustained in a car crash, whether minor or severe, can lead to a personal injury claim. More serious injuries that require extensive medical treatment are more likely to result in high settlement amounts.
Some injuries occur more commonly in car accidents than others. Some of the most common injuries seen in car crashes include:
- Head injuries including concussions and traumatic brain injuries
- Whiplash
- Chest and shoulder injuries
- Broken bones
- Neck injuries
- Back injuries
- Soft tissue injuries
- Internal organ damage
- Burn injuries
- Spinal cord injuries
- Scarring and disfigurement
- Fatality (wrongful death)
Car Accident Rates In Colorado Springs, CO
El Paso County, in which Colorado Springs is the primary metropolitan area, had the second-highest number of fatal crashes in 2021, according to the Colorado Department of Transportation.
Some other car accident statistics for Colorado Springs and the state as a whole include:
- El Paso County had 281 serious injuries resulting from car crashes in 2021.
- 13 people died in crashes involving impaired driving in El Paso County in 2021.
- Over half of people in Colorado who died in car crashes were not wearing a seat belt.
- People under the influence of alcohol accounted for nearly one-third of all car accidents in Colorado.
Top Colorado Springs Car Accident Lawyers Near You
Anyone looking for a car accident attorney in Colorado Springs, Denver, or anywhere else in Colorado should look no further than the legal team at Florin|Roebig.
Our team of experienced attorneys has an excellent track record of helping claimants to receive the maximum compensation from their personal injury claims.
With over $1 billion awarded to our clients in settlement offers, we have decades of experience helping people just like you get the compensation you deserve after an accident.
Our team has received several awards and been named to many notable lists in recent years, including a recent selection to The Best Lawyers in America list.
Our team of esteemed personal injury attorneys includes:
- 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
Get In Touch With Experienced Car Accident Lawyers In Colorado Springs Today
If you or a loved one have been hurt in a car accident, now is the time to act. You may be eligible to receive damages from an insurance company or another liable party which can help you get your life back on track after an injury.
The team of lawyers at Florin|Roebig is well-versed in Colorado personal injury law and ready to take on your case.
Call our offices today to learn more about what we offer and schedule a free initial consultation.