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A personal injury car accident claim is a legal process where an injured party seeks compensation for damages caused by another party's negligence or wrongful actions. The claim can involve the injured party (plaintiff) filing a lawsuit against the at-fault party (defendant) or their insurance company to recover financial losses incurred as a result of the accident. Often times, however, the claim can be negotiated with the insurance company before the need to file a lawsuit.
Frequently Asked Questions
With the guidance of an experienced injury attorney, you’ll get answers to all the most important questions regarding your case. Additionally, your attorney will manage your case from beginning to end, which allows you and your family to focus on your health and physical recovery. Your personal injury lawyer will handle all communications with the involved parties, including the at-fault individual’s insurance company so you don’t have to stress about making a small mistake that possibly ruins your case. When you add the fact that a personal injury lawyer works on a contingency fee basis everything is working in your favor. As a result, then there’s no risk on your end.
When evaluating an insurance company's settlement offer for a car accident case there are several factors to consider to determine if it is fair and reasonable. First, you must remember that if you accept a settlement offer from a liability carrier, there is no going back. That settlement is full and final, and if you need additional medical treatment or anything else after you sign a release you will not be able to get compensated by the insurance company.
You can still have a claim if you were speeding, but the compensation that you recover may be affected. Colorado is a modified comparative negligence state which means that the victim’s compensation may be reduced if the victim is found to have partially caused the accident.
Hopefully, the person that hit you has car insurance. If they do not have car insurance, then it is possible to pursue their personal assets. Depending on the circumstances, there are other individuals or business that could be responsible for the negligence of an at fault driver. Above all else it is a great idea to have your own car insurance, most crucially uninsured/underinsured motorist coverage. (UM/UIM). UIM can protect you and your family in the event the negligent driver does not have insurance or does not have enough insurance.
If you cannot work due to the injuries you sustained in your car accident you can be compensated for the loss of wages. In addition to seeking the proper medical care to get better, you can help your case by documenting your losses: Keep detailed records of the impact the accident has had on your ability to work and earn income. Gather pay stubs, missed contracts, and any other relevant documents that demonstrate your financial losses. In some situations an injured victim may not be able to return to work permanently. If that is the case, this fact must be considered in any settlement negotiation.
Following a car crash, documentation of what happened can be crucial in helping support your claim with the insurance company. An experienced personal injury will do the heavy lifting to obtain most of that documentation. After any sort of incident, make sure the police at notified and have them make a formal report! It also is helpful to have photographs showing the scene of the incident, damage to any property, and contact information for any witnesses. Also, maintain a list of any medical providers you see following a crash so as to have an organized record of all your damages.