Car Accident FAQ

Written by Jeremy D. Earle, JD

April 1, 2023

FREQUENTLY ASKED QUESTIONS ABOUT CAR ACCIDENT CLAIMS

Car accidents are a quick and simple way to spoil your day. Colorado highways are congested, particularly when the temperature is cooler in the north. Even if you drive conservatively, you won’t be able to prevent every collision. Suppose you or a loved one is injured in a car accident. In that case, you have the right to have a skilled personal injury attorney assist you in recovering compensation for your injuries. You should call a personal injury lawyer you can trust if you want the greatest chance of recovering from your car accident injuries.

WHAT ARE SOME OF THE MOST COMMON CAR ACCIDENT INJURIES?

Car accident injuries may range from mild to life-threatening.

Scrapes and bruises are only a few examples. Broken bones

Head injuries, including concussions and other traumatic brain injuries Injuries to the spinal cord

Paralysis Death

In 2017, there were over 3000 road deaths in Colorado. While death is a rare occurrence, other injuries occur often. In the same year, approximately six million car accidents occurred in the United States. Many different forms of injuries occur as a consequence of these mishaps.

IS IT NECESSARY FOR ME TO CONTACT THE POLICE?

Make a formal record of your accident, even if it seems to be trivial. The easiest method to do so is to contact the authorities. The accident will be documented in an official report by the police. They will talk with you, the other motorist, and any witnesses, even if they do not assign responsibility on their report. This will aid in the creation of an accident diagram.

Any injuries will also be included in this report. This is significant since you’ll want to keep a record of the accident and your injuries. You should also consult a doctor as soon as possible following your accident to document your injuries.

AFTER A CAR ACCIDENT, DO I NEED TO SEE A DOCTOR?

 

We can’t make you go to the doctor, but you should do so as quickly as possible following an accident. Concussions, for example, may not exhibit symptoms for many days, if not weeks, following the event. Because you did not seek medical help right away, this might result in additional injuries.

Furthermore, when you see a medical practitioner, they maintain thorough records of your injuries, suffering, and medicines. This extensive documentation prepared by a neutral third party might be useful in court or during settlement talks. Keeping a personal injury diary is also a smart idea. Every day, write in your notebook about how you’re feeling, how your injuries are healing, and if you’re getting better or worse. This might assist your car accident lawyer since it illustrates the progression of your injury from day today.

WHAT ARE THE MOST COMMON CAUSES OF CAR ACCIDENTS?

Car accidents are caused by a variety of factors, including:

Driver exhaustion – Perhaps someone didn’t get enough sleep, is under too much stress at work or is attempting to drive a long distance on little sleep. Drowsy driving is risky regardless of the cause. Drowsy driving has regularly been demonstrated to be equivalent to driving while intoxicated in studies.

Drunk driving or driving under the influence of drugs or alcohol – Drunk driving or driving under the influence of drugs is a major cause of Colorado car accidents. After consuming too many alcoholic beverages, choosing to drive puts other drivers, passengers, and pedestrians in significant danger.

Failure to yield – Other drivers occasionally fail to watch for approaching current traffic, whether at a junction or when changing lanes. This carelessness might lead to an accident, resulting in your injuries.

Distracted driving — Drivers are not immune to phone beeps or the desire to change the radio station. Because other drivers may not have enough time to use the brakes before colliding with another car, distracted driving causes catastrophic accidents.

These are the most prevalent causes of car accidents, while there are more. Unfortunately, it may be too late to prevent an accident if necessary precautions are not taken.

DO I HAVE TO FILE A LAWSUIT IMMEDIATELY FOLLOWING MY ACCIDENT?

Like many other sorts of legal proceedings, personal injury claims are subject to a statute of limitations. This implies you only have a set length of time to sue after the accident before the law prevents you from doing so. Different periods apply to different sorts of lawsuits.

In Colorado, you have three years from the date of the accident to bring a lawsuit against the at-fault motorist. While it may seem like a long time, it is preferable to not wait. If the

mishap was little enough, you could forget about it if you wait too long. You may have also misplaced vital information such as contact information. Perhaps you lost track of where the accident occurred. Perhaps you misplaced a witness’ phone number. Because having all of this information is crucial to maximizing your recovery, you should file a lawsuit as soon as possible following your accident.

WHO’S TO BLAME FOR MY CAR ACCIDENT?

It’s not always as straightforward as glancing at the police record to figure out who was to blame in your car accident. Because the police report may not assign blame, you’ll need a forceful advocate on your side to prove the other motorist was at fault. However, it’s conceivable that the other driver isn’t to blame. Perhaps their car was just serviced, and the technician failed to install new brakes correctly. Perhaps the car’s tires were not properly mounted. There might have been several additional circumstances at play that led to your accident.

This is where a car accident lawyer may help. A knowledgeable car accident law company can assist you by investigating and deciding who is to blame for your injuries. Your lawyer may file a claim against the at-fault driver as well as any persons who may have contributed to the accident, depending on the facts.

WHAT KINDS OF COMPENSATION AM I ENTITLED TO IF I’M INJURED IN A CAR ACCIDENT?

When you’ve been hurt in a car accident, the only thing on your mind should be getting well. On the other hand, your capacity to recuperate is contingent on your ability to pay your medical expenditures. You should not be held liable for such expenses since you had no role in triggering the mishap.

Depending on the circumstances of your case, you’ll need an attorney who will battle tooth and nail to win you compensation for:

Pain and suffering. Emotional anguish Medical expenses Rehabilitation expenditures Lost pay

Companionship loss

If your injuries are serious enough, you’ll most likely be out of work for a while, if not permanently. You may be unable to pay your expenses if this occurs. While your injuries are awful in and of themselves, this just adds to the stress and anxiety you already have.

SHOULD I ACCEPT A SETTLEMENT PROPOSAL?

 

If you’re unemployed and struggling to make ends meet, the other driver’s insurance company is aware. They’ll take advantage of this and give you an early settlement. They’re hoping you’ll accept this offer since it will provide you with the cash you need right now. Take it only after consulting with an experienced personal injury attorney.

According to the National Highway Traffic Safety Administration, traffic accidents in the United States cost more than $240 billion each year. That figure is enormous, and it emphasizes the importance of rejecting the insurance company’s initial offer. When an insurance company does not pay out the entire amount of a claim, it earns money. They will make you a low-ball offer that will just cover your current costs. It is unlikely to pay any future expenses.

You can develop an accurate estimate of your future expenditures when you engage with an expert personal injury lawyer in Colorado. This will give you a decent indication of the value of your claim and how much you should settle for. A skilled lawyer will not agree to a settlement unless it is in your best interests. While most cases settle out of court, you want a lawyer ready to go to trial if necessary to obtain the maximum compensation you need to make a full recovery.

WILL MY CASE BE HEARD IN COURT?

It depends, as it does with many aspects of the law. When you’re in a car accident, your health and safety are the most important thing on your mind. Our main goal is obtaining the remuneration you need to improve. It may be necessary to go to trial in certain cases.

In most cases, a car accident attorney will assess your case and estimate the worth of your claim. This is determined by various circumstances, including your injuries, lost earnings, and pain and suffering. Your lawyer will then work with the insurance company to get a reasonable settlement, so you don’t have to worry about paying your costs.

However, the insurance company may refuse to make a fair and reasonable settlement offer in specific cases. If this is the case, your lawyer may advise you to go to trial. While this may take more time, it may be the best option for you since you will optimize the amount you get. Your lawsuit will most likely be settled at mediation or with a settlement offer. If you must go to trial, get a fully prepared lawyer to walk you through the process. It’s nothing to be frightened of, and it could be the best choice you’ve ever made.

ISN’T IT EXPENSIVE TO HIRE A LAWYER?

The simple answer is no, and it should be free.

It is more costly to represent yourself than to accept the insurance company’s low-ball settlement offer. This may put you in a situation where you can’t afford to pay for your recovery. On the other hand, a car accident attorney may assess your claim, perform an independent investigation, interview witnesses, analyze medical records, negotiate with the insurance company, and, if required, represent you at trial. Most car accident legal

 

companies operate on a contingency basis, which means they only get paid if you get a settlement or award.

HOW LONG WILL IT TAKE FOR MY CAR ACCIDENT INJURY CASE TO BE RESOLVED?

This is one of the most often asked questions and one of the hardest to answer. It all depends on how complicated your situation is. Some personal injury lawsuits are resolved in only a few weeks. In other circumstances, it might take years for a jury to reach a decision. The majority of people, on the other hand, fall somewhere in the middle.

You’ll most likely want to settle your case as soon as possible since you’ll need the money to help you recuperate. However, you want to ensure that your attorney properly serves you and provides you with the greatest counsel available. To do so, your lawyer will need to conduct a comprehensive examination of your case. This may take some time. However, you want your lawyer to do so to ensure that he or she has a thorough understanding of your claim and is prepared to bargain vigorously with the insurance company.

WHAT IS THE VALUE OF MY INJURY CASE?

It is debatable. In general, the more serious your injuries are, the more money your claim is worth. That isn’t always the case, however. There are no two-car accidents alike.

However, some criteria, such as the overall amount of your medical expenses, might alter the worth of your claim.

Medical expenses in the future The money you’ve lost

If your injuries make it impossible for you to live a full life,

Our objective is to keep you informed and collaborate with you to get the best possible result for your auto accident claim. You’ve already been through a lot.

SEEK THE ADVICE OF A SEASONED COLORADO CAR ACCIDENT LAWYER

Following an accident, your main emphasis should be on your injuries and recovery. Allowing an attorney to handle the legal aspects of your injury claim is a good idea. However, since the law is always evolving, you’ll want to know how your case could turn up.

A consultation with an experienced car accident lawyer is usually free, and regardless of whether you choose to pursue a claim or not, an attorney can assist put you on the correct track to success. Following a car accident, everyday life may be difficult, much alone the possibility of filing a personal injury claim; nonetheless, neglecting to do so can gravely jeopardize your capacity to heal physically, financially, and emotionally from your injuries. An experienced personal injury attorney can assist you in determining your legal alternatives.

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