How to Recover Damages in Car Accident Case
Is Colorado a No-Fault State for Car Accidents Cases?
Across the country, the states differ slightly on how they determine fault in negligence cases. There are no-fault states, contributory negligence states, comparative fault states, and modified comparative negligence states. In a no-fault state, the drivers in a car accident must turn to their own personal car insurance policies to recover damages, such as car repairs or medical bills.
Colorado is not a no-fault state. We are in a comparative fault state. This means that, after an accident, you would seek to recover damages from the at-fault party and their insurance company provider.
The ‘comparative’ term refers in part to the fact that each party may hold some of the blame for the accident. Even if you were the only one injured, if it’s determined that you were at least 30% responsible for the crash, you may see the final settlement cut down by 30%.
There are some advantages and disadvantages to both systems. If you’re from out of state and need more legal guidance, please get in touch with our personal injury law firm.
What Type of Damages Could an Accident Victim Recover in a Personal Injury Claim?
With a well-constructed legal case, pursuing financial compensation for your pain and suffering after a car accident is possible. This compensation may come in the form of economic and non-economic damages.
Economic damages may include the following:
- Ambulance costs and hospital stays.
- Lost wages while you were out at work with an injury.
- Past medical expenses and future costs for ongoing medical treatment and medication. If necessary, in-home nurse service and modifications to a home to accommodate a new disability, too.
- Physical therapy expenses.
- Property damage, including the cost of repairing or replacing your motor vehicle.
- Reduced future earning capacity due to your injuries.
- Surgery costs.
Non-economic damages could include the following:
- Disability.
- Disfifurement.
- Emotional distress.
- Loss of companionship or consortium.
- Loss of quality of life.
- Loss of reputation.
- Pain and suffering.
- Wrongful death.
Punitive damages may also be awarded to the claimant in cases of willful misconduct, wanton abandonment, and abject cruelty.
What is the Statute of Limitations for Filing a Car Accident Claim?
While most personal injury cases in Colorado have a statute of limitations of only two years, car accident victims have a three-year window to file a claim. That ticking clock begins on the day of the car accident. If the victim does not file within three years, their claim will not be honored.
If you’ve been in a car accident, don’t take three years to consider your case. It’s wise to speak with a car accident lawyer immediately following a crash. In the early days after a car wreck, the evidence should still be available and eyewitness testimony will still be fresh and unclouded.
Additionally, you should not have to wait for the kind of financial recovery which you deserve. So, don’t delay; call our office today.
How Would a Car Accident Lawyer Help You Recover Financial Compensation?
It’s possible to pursue a fair settlement without legal representation. However, those who retain legal counsel often receive more in terms of compensation. In addition to that, the process is made smoother and quicker for the accident victim.
If you’re still in pain after a car accident, you should not have to be the one on the phone with insurance companies, jumping through hoops in the legal system, or arguing with opposing counsel about where the truth lies. Let your lawyer lift that burden off your shoulders while you rest and recover.
Contact Flanagan Law to Schedule a Free Case Evaluation with a Car Accident Attorney Today
After a car crash, you should first check for injuries and seek medical care. But after you’ve talked to doctors and police, you should take the time to contact an experienced personal injury lawyer in your area to talk about your car accident case.
Flanagan Law would be proud to serve you during this challenging time as you seek to recover maximum compensation for your injuries. To schedule your free consultation with a member of our legal team, please call 720-928-9178.
