Getting fair compensation for a car accident in Denver, Colorado can be a difficult, confusing and frustration process. If this is your first time pursuing a claim for damages, you may not know what to expect or how to bring your claim to a resolution. Often people worry that they will have to go to court to get any money, let alone fair compensation. Even with an experienced accident attorney on your side, this can be a daunting and stressful concern. Most car accident claims settle through negotiations with the insurance company without a personal injury trial. You should not let the fear of going to court prevent you from fighting for the best outcome. With a knowledgeable Denver car accident lawyer on your side, you can fight for fair compensation and let your lawyer handle the difficult and stressful parts of a personal injury trial.
Seeking Compensation: Your Rights and Options
An important consideration of any car accident claim is what you are owed and what types of compensation you can receive for your damages. Under Colorado personal injury law, you have the right to seek compensation for your damages caused by a negligent driver. These may include economic damages, such as medical bills and lost wages. These are damages with determinable financial costs. You can also recover non-economic damages like pain and suffering and mental anguish. These are damages you sustained that do not have a determinable financial cost. The value of your damages may be resolved through negotiating an agreed compromise in a settlement. If a settlement is not reached, you can go to court and a jury can decide the value of your damages. An experienced Denver car accident attorney can help you understand your rights to compensation and fight for the maximum value.
Medical Expenses: Covering Your Treatment
A car accident can result in severe injuries, requiring immediate medical attention. Seeking compensation for medical expenses is essential to ensure that you receive the necessary treatment without bearing the financial burden. Our goal is to help you obtain full and fair compensation for medical bills, including hospital stays, surgeries, medications, physical therapy, and ongoing medical care.
Lost Wages: Recovering Financial Stability
Being injured in a car accident can lead to a significant disruption in your life, including the inability to work. Lost wages can compound the financial strain caused by medical expenses. Our skilled attorneys will diligently calculate your lost income, factoring in both current and future earnings, to pursue appropriate compensation on your behalf.
Pain and Suffering: Recognizing Your Emotional Toll
Car accidents can result in physical pain, emotional distress, and a reduced quality of life. Compensation for pain and suffering aims to acknowledge the emotional toll of the accident and its impact on your overall well-being. Our compassionate team will work tirelessly to evaluate the extent of your suffering and fight for the compensation you deserve.
Property Damage: Repairing and Replacing
In addition to physical injuries, car accidents can cause significant damage to your vehicle. Seeking compensation for property damage is crucial to cover repair or replacement costs. We will meticulously assess the damage, consult with experts if necessary, and pursue appropriate compensation for the full extent of your property loss.
Negotiating your car accident claim with an insurance company
Most car accident claims begin and end with negotiations with the insurance company for the negligent driver. Colorado is a fault-based car insurance state which means the at-fault parties’ insurance policies pay for your damages. In most crashes the injured party will file a claim with the insurer for the liable driver or owner. That insurance company will pay your damages within the terms of the insurance policy. Once you file a claim with the insurance company, it will assign an adjuster to investigate the claim and evaluate what they think your case may be worth. You can improve your chances of getting fair compensation from the insurance company by knowing how to deal with the claims adjuster from the beginning of your claim:
- Do not admit fault. Do not admit or suggest you are in any way at fault for causing the auto accident. Even if you think you might be partially at fault, you may not know all the facts that lead to the crash and may be wrong. Wait for the police investigation and talk to an attorney about whether you may be liable for the collision. The insurance adjuster may try to get you to admit fault or partial liability.
- Limit what you say. Be careful about what you say and how much you say to the adjuster. You have no duty to give information to the adjuster for another party to help their investigation. While you may need to give them basic information to accept the claim, you do not owe them anything. You do not need to give them a detailed explanation of what you were doing or opinions about what happened. Just give them the basic facts and let them talk to their insured. Your accident attorney can provide them information that will help your claim. The insurance adjuster can manipulate what you say to use it against you.
- Do not give a recorded statement. After filing a claim, the insurance adjuster will often ask you to give them a recorded statement. They may even ask for the recorded statement on the same call when you report the claim. Do not provide a recorded statement. You are not required to give a recorded (or unrecorded) statement. The insurance company will use your statement as evidence against you. They will try to get you to give an unhelpful explanation of the crash so they can blame you or reduce the value of your case.
- Do not do it alone. Your chances of getting fair compensation from an insurance company are lower as an unrepresented client. Insurance companies take claims more seriously when injured parties hire attorneys to speak for them.
Without an attorney, the insurance company will try to force you to accept a lowball settlement offer. They know if you do not have an injury attorney in Denver that you either will not file a lawsuit or if you file a lawsuit without an attorney that you will be severely outmatched by their lawyers. As long as there is not a credible threat of a lawsuit, they have no incentive to fairly value your claim. They also know without representation on your side they can steer the process and use all the tricks at their disposal to hurt your claim. Even if you hire an attorney later in the process, they may have already used tricks to permanently harm your case.
Settlement via Mediation
If informal settlement negotiations fail to produce a fair settlement in your case, you may have success settling your case in mediation. Mediation is a meeting between you, the insurance company, a mediator and often attorneys for both sides. Mediation is a formal settlement process that uses the mediator to help negotiate between the parties. The mediator is an unbiased third party who will hear both sides, present arguments about the strengths and weaknesses of each side and help move the parties towards a settlement. The mediator does not decide the value of your case or whether you should accept a settlement offer. Mediation is usually part of the litigation process if you file a lawsuit; however, in some cases mediation may be an appropriate tool to negotiate a settlement before filing a lawsuit.
Understanding the Legal Process in Colorado
If your accident claim does not resolve in a prelitigation settlement, it may be necessary to file a personal injury lawsuit and allow your attorney to move your case through the legal process. This process can be complex and involves several legal steps such as discovery, motion practice, pretrial preparation, trial and posttrial procedures. Most plaintiffs in an auto accident lawsuit hire attorneys to represent them due to the complexity of the process.
If your car accident claim in Denver requires litigation, it may involve more issues than the negotiated value of a settlement with the insurance company. In your personal injury trial you and your attorney may have to prove the defendant’s fault for the accident before you can win a verdict and judgment award. The judgment award is the amount ordered by the court for the insurance company or defendant to pay.
Deciding whether to file a lawsuit for your motor vehicle collision case is not an easy decision. You could receive a larger award at the end of your trial. A judge may award punitive damages in certain cases. Litigation also carries an increased cost. There is also a risk that the jury finds you at fault for the accident or decides your case is worth less than the insurance company offered. You should talk to an experienced car accident attorney in Denver about litigation and whether it makes sense to take your case to court.
Filing a Lawsuit: Taking Action for Justice
When it comes to pursuing justice after a car accident, one of the most common legal options is filing a lawsuit. By initiating a lawsuit, you can seek compensation for damages caused by the accident. Our experienced legal team will guide you through the entire process, from gathering evidence to building a strong case on your behalf.
Determining Liability: Unraveling the Facts
Establishing liability is a critical aspect of any car accident case. In Denver, Colorado, fault is determined based on comparative negligence principles. This means that even if you are partially at fault for the accident, you may still be eligible to recover compensation. Our dedicated team will conduct a thorough investigation to identify all parties responsible for the accident, ensuring that no stone is left unturned in your pursuit of justice.
Navigating the Legal System: Expertise That Matters
Navigating the legal system can be complex and intimidating. With our extensive knowledge and expertise in car accident cases, we will handle all legal aspects on your behalf, allowing you to focus on your recovery. From filling out paperwork to negotiating with insurance companies and representing you in court if necessary, we will be by your side every step of the way.
