Have you or a loved one been injured in a car accident in the Denver area? You may have legal options, including starting a car accident claim to recoup what you lost in the accident.
However, starting a car accident case can be a taxing process, which is why it helps to work with a car accident attorney. The right attorney can help you file your claim by the due date, in the proper area of the court, and answer all your questions along the way.
Insurance companies may try to make a low settlement offer that is a fraction of what your injuries are worth, but a skilled attorney can help ensure this doesn’t happen.
Here, you can learn what steps to take after a car crash in Denver, the factors that may affect your case, how to identify the liable party, and more.
Legal Steps to Take After a Car Accident in Denver, CO
The steps you follow in the days and weeks following a collision may affect the outcome of your case. Follow these steps after a Denver car accident.
Gather Documentation
The best thing you can do before beginning your case is to gather any and all documentation that may serve as evidence. Some documentation may include:
- Medical bills
- A copy of the police report
- Your insurance information
- Photos of the accident scene
- Eyewitness statements
- Your written account of the accident
A lawyer can gather this information, but collecting documentation before contacting a lawyer can make the initial consultation more productive and efficient.
If you decide to move forward with a claim, this documentation and others that the lawyer gathers will serve as the foundation for building your case.
Consult a Denver Car Accident Lawyer
When you’re ready, it’s time to secure quality legal representation for your case. You can represent yourself for a legal claim in Colorado, but a lawyer can tackle all of the legal tasks which may prove difficult for you.
For example, a Denver car accident lawyer will know the claim-filing deadline and ensure you file your claim within that time frame. They will communicate with the insurance adjuster during the negotiations process, going back and forth until they reach an offer for fair compensation.
If your claim does not settle, your auto accident attorney will represent you in court, fighting for maximum compensation that is reflective of the pain you’ve suffered from the accident.
Consider Filing a Personal Injury Claim
After your consultation, your lawyer can help you start a car accident claim. Personal injury claims allow car accident victims in Denver to seek compensation for any injuries or property damage they suffer in vehicle crashes.
Personal injury claims are essentially insurance claims which you file against the at-fault party — their insurance company will pay you for damages incurred from the accident. Contrary to popular belief, it’s not only serious injuries that qualify for these claims.
While severe injuries tend to garner the highest settlement amounts, any injuries caused in a motor vehicle accident by a negligent party may be eligible for compensation.
Know When to File A Car Accident Lawsuit
In rare cases, you may not be able to reach a favorable agreement with the at-fault party’s insurance company. In this case, it may be necessary to file a personal injury lawsuit instead.
Lawsuits allow you to sue the at-fault party in order to seek compensation for your injuries and/or property damage to your vehicle. Trial lawyers will know how to handle these cases and will be able to guide you through the process.
What Factors Affect Your Car Accident Claim in Denver?
A number of factors may play a role in your car accident case. Some of the most prominent factors include the at-fault party for the accident and the Colorado laws that apply.
Determining the At-Fault Party
Determining fault in an auto accident may seem straightforward, but this process can be complicated. That’s because there may be more than one at-fault party.
For example, you may have been in a car crash caused by a person who swerved and sideswiped your vehicle.This makes that motorist at fault for your accident. Yet if they swerved in order to avoid unsafe road conditions due to poorly maintained roads, the at-fault driver may not be the only at-fault party.
In this case, the organization responsible for maintaining roads in the Denver area may also be at fault. The Florin|Roebig legal team has ample experience in determining who is at fault in car accidents and can help you during a free consultation today.
Colorado Laws
A range of laws will apply to your car accident claim. Two of the most prominent of these laws are Colorado’s consideration of negligence in personal injury cases and the statute of limitations.
In Denver, Aurora, and all other areas of Colorado, comparative negligence is the reigning principle for all cases of personal injury, according to the Colorado Revised Statute 13-21-111.
This means that car accident victims can claim compensation even if they were partially at fault in the accident. However, their payouts will be reduced according to their level of fault (as determined by the court).
The statute of limitations refers to the amount of time you have to begin a claim following a car accident. In Colorado, the statute of limitations is two years from the date of your injury.
Who Can Be Held Liable for Car Accident Cases in Denver, CO?
Liability refers to the parties who can be held legally responsible for the accident, and therefore, for paying compensation for damages that resulted from the accident.
A party can only be considered liable for your injuries if they were negligent in some way, resulting in the accident. For example, if the at-fault driver were speeding at the time of the accident, this could be considered negligent.
Similarly, if the manufacturer of your vehicle failed during the design process and faulty brakes led to your crash, the vehicle manufacturer could be considered liable.
Because liability isn’t always clear, a Denver car accident attorney can aid you in establishing the liable party for your case.
Types of Damages in Personal Injury Cases in Colorado
The damages you cite on your personal injury claim will depend on the way the accident has impacted your life.
In Colorado, damages can generally be broken down into three categories: economic damages, non-economic damages, and punitive damages.
Economic Damages
Economic damages refer to financial compensation that is meant to restore you to your original condition prior to the accident.
This could include payments for medical expenses, future medical care costs, lost wages, lost benefits, and all damages which have a set value.
Non-Economic Damages
Non-economic damages are those which account for the pain and suffering and emotional distress you’ve endured due to the accident.
Even if you sought medical attention, you may struggle with post-traumatic stress disorder, for instance, an ongoing condition which could affect your quality of life.
If you’re seeking compensation on behalf of the wrongful death of a family member, you may be suffering with the unexpected loss, also called loss of consortium. Non-economic or general damages attempt to legally atone for your suffering.
Punitive Damages
This type of damages can’t be sought on a claim, but are awarded by the court in cases of gross negligence to help deter defendants from making the same mistake again.
Your personal injury attorney will perform a thorough case evaluation to ensure you claim all damages that apply to you.
Our Featured Case Results
What Car Accident Injuries Can Be Listed on a Claim?
In 2019, the most recent year for crash data, 3,190 serious injuries resulted from Colorado auto accidents, according to the Colorado Department of Transportation (CDOT). Of these, Denver had the highest amount of injuries by region, with 502 serious injuries.
Even if you only experienced minor injuries, you may be able to seek compensation if they resulted from an accident caused by someone else’s negligence. Some of the most common injuries seen in Denver car accidents include:
- Whiplash
- Broken bones
- Traumatic brain injuries
- Airbag injuries
- Other head and brain injuries
- Scarring or disfigurement
- Neck and back injuries
- Chest and shoulder injuries
- Spinal cord injuries, including paralysis
- Burn injuries
- Soft tissue injuries
- Internal organ damage
- Fatalities
Causes of Car Accidents
A range of factors may contribute to a car accident in Denver. Many of these are a result of negligence on behalf of the driver of one or more vehicles. Some common causes of car accidents include:
- Driver impairment: Also known as driving under the influence of drugs or alcohol (drunk driving), including prescription drugs.
- Driver error: This encompasses any number of mistakes during driving, such as speeding, failing to yield, following too closely, and more.
- Reckless driving: Driving over the speed limit, weaving in and out of traffic, tailgating, and other aggressive driving practices can be reckless and may lead to an accident.
- Unpredictable road conditions: Drivers should always be cautious, but dangerous road conditions, such as roadblocks without proper signage, could result in collisions.
- Dangerous weather conditions: Motorists must prepare for any type of weather, but sometimes weather can change in a matter of minutes.
Common Car Accidents That Lead to Injuries in Denver, CO
Car crashes may occur in any number of ways. How your accident occurred may affect who is considered at fault and liable for your injuries. Some types of car accidents include:
- Sideswipe collisions, which occur when a vehicle swipes your vehicle from the side
- Broadside collisions happen when a car hits the broad side of your vehicle, which is why they’re also called T-bone collisions
- Multiple vehicle accidents refer to crashes involving two or more cars
- Rear-end collisions happen when one vehicle crashes into the vehicle in front of it
- Hit and run accidents involve one driver leaving the scene of the accident
- Head-on collisions occur when two vehicles collide from the front ends
Auto Accident Rates in Denver, CO
Denver was in the top five counties which saw high rates of fatalities from motor vehicle accidents in 2019, according to CDOT. There 61 fatalities that year due to car crashes in Denver.
Denver also had the highest number of serious injuries caused by vehicle accidents in the state of Colorado in 2019. Other auto accident statistics for Denver and Colorado include:
- Denver was in the top five counties in Colorado for unrestrained passengers leading to fatalities in 2019, with 13 fatalities caused by lack of restraint.
- Denver was the county with the highest rate of fatalities (16) in vehicle accidents caused by impairment in 2019.
- Denver was in the top five counties in Colorado for drivers killed in vehicle crashes who tested positive for drugs, with 8 fatalities.
- Denver was the county with the highest fatalities (34) in vehicle accidents in which speed was a factor.
- Denver was in the top five counties for fatalities among crashes involving young drivers (age 20 or less), with 8 total drivers involved.
Top Denver Car Accident Attorneys Near You
If you or a loved one are looking for a personal injury lawyer near Denver, look no further than the Florin|Roebig law firm.
Our Denver-based office provides access to experienced car accident lawyers who work on a contingency fee basis, which means we won’t charge you anything unless we help you win fair compensation.
To date, our firm has secured more than $1 billion in case awards for our clients, and we’ve been named to multiple prominent lists, including The Best Lawyers in America. Our team of personal injury attorneys 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
Find an Experienced Car Accident Attorney in Denver Today
Were you or a loved one hurt by a drunk driver or some other form of negligence in a Denver car accident? Reach out to our highly skilled car accident lawyers today for your free case evaluation.
Whether you’re in Boulder, Aurora, Denver, or another area of Colorado, we can review your car insurance, medical treatment records, and other case details and help you build a strong case. Call today to learn more.
