After an accident, the first step you need to take is to make sure that you are safe and not in danger. Do not wander out into the highway to take pictures of the accident with your phone. That could be dangerous. The next step is to document the incident to the best of your ability while staying safe. When the police arrive at the scene, you should cooperate with them and answer their questions. However, when it comes to giving out statements to the other driver, you should always be careful about what you say to them. Be cautious with your answers. Any statements that you give to the other driver or their insurance company can be used against you. The other party will never use any statement you provide in your favor, neither will their insurance adjuster.
If an insurance adjuster contacts you, do not speak to them. They are specially trained to elicit admissions that will reduce the compensation that you deserve. The best thing you can do is to immediately seek out a highly-qualified personal injury attorney who has experience litigating auto accident cases. That attorney will be able to determine the best course of action.
How Long Does the Injured Party Have To File A Personal Injury Claim In Colorado?
An injured party generally has two years to file a personal injury claim. However, some injury claims have a one-year statute of limitations, such as intentional assault. When it comes to car accidents, you have three years to file a claim. These are hard and fast limitations. They cannot be changed except under extremely narrow and rare circumstances.
What Factors Determine The Value Of A Personal Injury Settlement?
In a personal injury case, the first factor that needs to be determined to obtain a settlement is to establish liability. If the other side does not admit liability, you must demonstrate to the insurance adjuster or opposing counsel that you will prevail on the issue of liability at trial. The second biggest factor in determining a settlement amount would be medical expenses, economic damages, and losses. For example, if you are involved in a car accident that causes a broken leg, your surgery could cost $100,000. If you are an Olympic track athlete, you may suffer significant earning loss because of that broken leg. If you are out of work for several days or longer, you are entitled to any lost wages, including lost sick days or vacation days. For a person who is on a salary, they are still entitled to compensation for lost wages, sick days, and vacation days. Sick days and vacation days have value like any other workday.
What Defenses Do Insurance Companies Mostly Use To Avoid Paying Out On Personal Injury Claims?
One of the most common defense that we encounter from insurance companies and their attorneys is that our client bears some fault in the accident. That’s why it is incredibly important to get a lawyer on your side as soon as possible. Your attorney can shut down that argument. A second common defense that insurance companies and their attorneys use is the argument that the damages are exaggerated or inflated. They usually argue that a client is not as badly injured as they claim. To rebut that defense, it’s imperative to have a lawyer who knows how to interact effectively with your medical providers so that you are not open to that defense.
Another defense that the other side utilizes is the allegation that the client is not credible or has made statements that are contrary to their claims. Once again, it is incredibly important to have a lawyer on your side from the beginning. That way, you will be able to avoid some of these pitfalls that insurance companies and attorneys are trained to lure you into. According to statistics, a person who retains a lawyer after suffering a personal injury, like an auto accident, on average gets three times more in compensation than a person who pursues a claim by themselves. The fact is that the average person does not know how to maximize their compensation when they become injured. They do not consider that they are going up against a highly-trained insurance company and their attorneys.
How Would It Impact My Claim If I Was Partially At Fault For The Auto Wreck That Caused My Injuries In Colorado?
Partial liability for an accident does not exclude you from making an auto wreck claim that caused injury. In Colorado, as long as you are less than 50% at fault for an accident, you can bring the claim and get compensation.
Do I Even Need A Personal Injury Attorney If The Liability Is Clear In An Auto Wreck Case?
The most common mistake people make in an auto wreck case is to pursue a claim without the assistance of a qualified personal injury attorney. Clients who question the need for an attorney, or who quite frankly choose to be represented by billboard advertising lawyers or television commercial lawyers, do not collect as much compensation as they could in their case. The statistics show that the person who does not have a lawyer gets about one-third of the compensation that a person with a good lawyer obtains.
Clients should take caution when hiring a settlement mill attorney. Settlement mill attorneys spend most of their time advertising and very little time on litigating cases. We frequently take over cases for clients who have previously hired television lawyers. They are always satisfied that we can get them much more money than the celebrity lawyers you see on TV.
For more information on Auto Accident Claims In The State Of Colorado, a free consultation is your next best step. Get the information and legal answers you are seeking by calling (303) 529-3476 today.