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How Does A Car Accident Lawsuit Work in Colorado Springs?

by | Dec 11, 2021 | Car Accidents

ATTORNEY IN COLORADO SPRINGS FOR CAR ACCIDENT LAWSUIT

The last thing on your mind after being injured in a car accident is “how does a car accident lawsuit operate.” But how will you obtain aid when the dust settles, and you’re faced with thousands of dollars in bills? A car accident lawsuit may be your only option.

Many individuals are hesitant to start filing a car accident claim or lawsuit because they are fearful of the unknown. This website seeks to dispel some of that ambiguity. Allow an expert car accident attorney to guide you through the whole procedure!

Learn more about how a car accident claim works in the sections below.

Let’s walk you through the process of being compensated after a car accident.

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ARE YOU THINKING ABOUT FILING A CAR ACCIDENT LAWSUIT?

If you are injured in an car accident caused by someone else’s negligence, you have the legal right to seek compensation for your losses.

In an ideal world, you’d file a claim and get a check in the mail that covered all of your costs. It isn’t that straightforward, however.

Car accidents often need significant investigation, negotiation, and, in some cases, litigation.

A fair settlement award from a car accident claim may help you pay for medical costs, auto repairs, a rental car, a new car, missed income, emotional pressures, and much more.

The processes in a car accident claim are outlined below.

THE DIFFERENT STAGES OF A CAR ACCIDENT CASE

MAKING A CLAIM FOR A CAR ACCIDENT

In the event of an car accident, notify your auto insurance provider. If your policy includes collision coverage, you’ll be relieved. Still, you may also pursue the at-fault driver’s insurance, so phone and inform both your own and the other driver’s insurance companies that you’re submitting a claim. Even if the other motorist was at fault, their car insurance company would be the one to compensate you.

IMPORTANT: Make a record of your claim number and, if relevant, the name of the claims expert assigned to you.

OBTAINING LEGAL ADVICE

It’s usually a good idea to seek legal guidance after an car accident. Why shouldn’t insurance companies have their lawyers familiar with the ins and outs of car accident laws? We wish you the best of success in searching for the finest car accident lawyer. There are several alternatives available, but if you’d want a completely free consultation right now, please contact us. There is no danger!

Prepare to answer some basic questions concerning the accident, your injuries, your costs, and more when you meet with a car accident lawyer for a first meeting, whether electronically, over the phone, or in person. Your case will be evaluated by a car accident lawyer, who will inform you of your possibilities of success.

You will be asked to examine and sign a retainer agreement if you both desire to proceed with a claim. Following that, your car accident attorney will notify insurance companies and other relevant parties that you have legal counsel. They will make phone calls and write letters to report your accident and ensure that your claim is properly submitted.

You don’t have to pay anything up in advance since most personal injury attorneys operate on a contingency fee basis. The fee amount that your attorney will deduct from the final settlement will be specified in the retainer agreement. We are only compensated if you are compensated!

EXAMINING INSURANCE POLICY

Colorado is a comparative fault state, sometimes known as a “tort state,” regarding car accidents. This implies that you compare who is to blame if you’re in a car accident.

If a motorist is proven to be the primary cause of an accident, he or she must accept financial responsibility. Accidents like this are covered by liability insurance. Your lawyer might determine the limitations of the at-fault driver’s insurance coverage.

IMPORTANT: While Colorado just requires liability insurance, you should double-check your coverage to see whether it may assist. Personal injury protection (P.I.P.) and collision coverage, for example, may cover part or all of your costs if you’re struck by someone who doesn’t have insurance or has enough to cover the entire cost of your losses, uninsured/underinsured motorist coverage kicks in. It’s also beneficial if you’re involved in a hit-and-run accident.

GETTING MEDICAL ATTENTION

Our first focus is your well-being. Even if you weren’t carried away in an ambulance from the site of the accident, and even if you feel “fine” today, you should be thoroughly evaluated. Many soft-tissue injuries might deteriorate over time if they aren’t caught early enough, leaving you with persistent discomfort.

Be very honest about your pain levels while discussing with your doctor. Don’t attempt to put up with it. Before pursuing your case, we encourage that you complete all prescribed medical procedures to have a better idea of your entire medical costs.

Don’t be concerned if you think you won’t afford medical treatment. A car accident lawyer can put you in touch with medical professionals at no expense to you.

We can even assist you with scheduling appointments and transportation! You may wonder how we will do this by sending a protective letter. A L.O.P., or letter of protection, is essentially an “I.O.U.” that assures a medical practitioner will be paid from a pending claim settlement or prospective litigation judgment.

This implies that medical providers agree to treat you right away while deferring payment until your case is resolved. The medical bills will be sent to your attorney for appropriate documentation while you heal, but you may also obtain your copy.

IMPORTANT: Always follow your doctor’s directions and forget your appointments! If you have gaps in your therapy, they may be used against you.

GATHERING EVIDENCE

You must first create the groundwork for your case before filing a lawsuit. The ultimate purpose of this phase is to establish guilt and demonstrate your damages. A car accident lawyer may gather medical documents, police accident reports, bills, witness testimony, security video, and other evidence.

To support your argument, we will gather all accessible evidence. We’ll also request the assistance of investigators and experts, such as accident reconstruction experts.

Your lawyer will order your medical bills and medical records to add to your case while proceeding with your medical treatments. Your doctor’s prognostic report might potentially be used as part of expert witness evidence.

A picture is worth a thousand words! Send any images you took at the accident site, as well as photos of any property damage or injuries and bruises you sustained, to your lawyer.

Insurance adjusters will begin their investigation as soon as you register your claim. This entails examining both cars (which may have been hauled to a repair shop or a salvage yard) and attempting to get statements from all those involved.

Whether a paid staff adjuster or an independent adjuster, you may feel confident that they are working in the insurance company’s best interests.

IMPORTANT: Both sides’ investigators will go to great lengths. This implies that the insurance claims adjusters for the negligent driver’s insurance company may look into your social media profiles! While the inquiry continues, be careful what you publish and keep quiet about your accident.

SUBMITTING A DEMAND LETTER

Your car accident lawyer will acquire copies of your medical records and bills after completing all required medical treatment and physical therapy.

They’ll also ask your employer for payroll information so they can figure out how much money you lost as a consequence of the accident. These papers are attached to a demand letter sent to the at-fault party’s insurance company. This demand will be accepted or rejected by the at-fault party, who may also make a counteroffer.

DEALING WITH INSURANCE ADJUSTERS AND RECEIVING OFFERS

Your case is ended if the insurance company agrees to pay you the sum mentioned in the letter of demand. However, if you get a denial or a counteroffer to your requests, your lawyer will begin negotiating a settlement with you, keeping you informed every step of the process.

Keep in mind that insurance adjusters exist to persuade you to accept less. Shortly after the collision, you may get a call from the at-fault driver’s insurance company. They could even ask you to sign a release and collect a few hundred bucks.

This is unacceptable. You may be prevented from obtaining the compensation you deserve. You will never be able to reopen your claim after you have released the other insurance company from liability.

IMPORTANT: Never give an insurance adjuster a recorded statement. It’s preferable to stay away from them totally and instead communicate with your lawyer.

NEGOTIATING A REASONABLE CAR ACCIDENT SETTLEMENT

Your lawyer will begin negotiating on your behalf, attempting to show that you are entitled to full compensation. You will be forced to sign a release of all claims, also known as a liability waiver if you and the at-fault party’s insurance company finally agree on a settlement sum. Be aware that this contract stops you from pursuing any additional compensation, regardless of future issues.

Always consult with your attorney and be confident in your decision before agreeing to a settlement amount and losing your chance at a higher dollar amount. Next, your car accident lawyer will provide the insurance company with a compensation plan. A summary of your costs will be included in the settlement package.

The good news is that most car accident claims are resolved without the need for a lawsuit. Nonetheless, we want you to be prepared for any eventuality. What happens if the insurance company refuses to settle? You still have choices if your lawyer cannot negotiate a reasonable settlement offer.

IMPORTANT: Patience is a virtue. The initial offer from an insurance provider is sometimes insufficient to cover your expenditures. Accept it only if you’re in desperate need of money. A car accident lawyer can generally get you a much greater payment. You have the right to negotiate a settlement offer as long as you can establish how much your losses cost you.

TAKING LEGAL ACTION

You and your lawyer may decide to pursue a car accident lawsuit against the at-fault motorist and their insurance company if a reasonable settlement cannot be achieved.

While most personal injury cases are resolved without the need for a trial, our team is always ready to go to court and fight for you.

A lawsuit starts with a complaint, which names the plaintiff and defendant and states the claim. A claim for judgment is also included in the lawsuit, which asks the defendant to pay damages. The defendant will be served with a court summons and will be required to react to the complaint document with a response, in which they will confess or deny guilt.

IMPORTANT: Choose a car accident lawyer who has handled cases in the courts. A competent litigation lawyer is a triple threat: he or she must be an investigator, writer, and public speaker simultaneously!

DISCOVERY

The case goes into discovery once it is filed. The discovery stage is the pre-trial phase of litigation during which both parties research the case’s facts. Discovery may involve more depositions, interrogatories from the opposing side, or requests for documents, which your lawyer prepared for during the “evidence collecting” time.

MEDIATION

Representatives from the insurance company and you, your lawyer, and may meet with a mediator after discovery but before trial. A mediator is a neutral third person who will weigh in on both sides of the argument.

Their purpose is to assist you in reaching an out-of-court settlement. If a mediator can assist you to reach an agreement, you will be required to sign a release of all claims, ensuring that you will not sue for additional money in the future. If mediation fails, the matter will go to trial.

VERDICT & TRIAL

An injured victim and their counsel must establish negligence at trial by demonstrating that the other motorist failed to use reasonable caution and care. They must also show how much money the wounded person lost.

Following both parties’ presenting of evidence and questioning, there may be more evidence or questioning. The jury will next be questioned if the other driver was negligent, and if so, whether their carelessness caused your harm. Subsequently, the jury will be questioned whether you were negligent and if your carelessness caused your injuries.

If the jury says yes to both questions, they must blame you and the other driver. Because Colorado is a comparative fault state, the injured individual will win the case if he or she is not more at fault than the other motorist.

Damages/awards may be lowered if they are somewhat too responsible for their injuries. The jury has reached a decision, and the judge reads the decision aloud. If the plaintiff or defendant believes a mistake was committed, they may appeal the verdict at this stage.

An appeal is a request for the case to be reviewed by a higher court, known as an appellate court. An appeal court does not have a jury; instead, many judges examine the facts from the prior trial.

IMPORTANT: Personal injury proceedings are civil, involving private conflicts between individuals. Criminal trials involving behaviors deemed damaging to society as a whole, such as drunk driving, are common. These are two independent issues that will be dealt with separately. You may utilize the fact that your civil lawsuit evidence that the at-fault motorist was arrested or given a ticket.

OBTAINING PAYMENT

Money is on its way to you! Yay! Suppose your car accident lawsuit is settled outside of court. In that case, your car accident lawyer receives a disbursement check, which is deducted from their agreed-upon attorney fee percentage, additional legal fees, and liens for any outstanding debts (remember that letter of protection?) Finally, you will get the remaining compensation in the form of a cheque made payable to you.

If your car accident case goes to court, the other motorist may not have the financial resources or insurance coverage to pay you the entire amount you were awarded. In this instance, an car accident lawyer might assist you in obtaining compensation.

FREQUENTLY ASKED QUESTIONS ABOUT CAR ACCIDENT LAWSUITS

HOW LONG DOES IT TAKE TO FILE A LAWSUIT AFTER AN CAR ACCIDENT?

Every car accident claim is different, and several circumstances play a role. Your claim may be handled quickly, or it may take a long time to resolve, particularly if it gets to court.

Personal injury cases may last anything from a few months to many years. A trial may not occur for more than a year after a lawsuit is filed. An appeal may further complicate matters: it might take an appellate court more than a year to consider a case from the trial court.

If you’re thinking of filing a lawsuit following a car accident, the sooner you act, the better.

WHAT ARE THE AVERAGE SETTLEMENT AMOUNTS FOR AUTO ACCIDENT LAWSUITS?

Auto accident lawsuit compensation values vary substantially when comparing two identical incidents with similar injuries. Your specific circumstances will determine your settlement amount.

Give us a call right now if you’d like to learn more about your car accident settlement amount and your legal alternatives.

WHAT ARE EXPERT WITNESSES AND WHAT DO THEY DO?

Expert witnesses can give crucial information and insight to help you win your injury case. Even if they were not there at the time of the accident, they may nevertheless examine all of the data and provide an opinion on your car accident.

An attorney for a car accident often consults with experts such as:

Medical specialists who can explain how car accident injuries have affected your life. They may also offer you a prognosis for your rehabilitation and future.

Accident reconstruction experts who can produce a model or a computer depiction of your accident to explain how it occurred and who was at blame.

Civil or mechanical experts who can assist you argue that your accident was caused by a faulty car component or a badly built road.

Economists who can assist in calculating damages such as future lost earnings or lost earning potential.

WHAT SHOULD I DO IF MY CLAIM IS TURNED DOWN?

As car accident attorneys, we’ve seen insurance companies engage in various nefarious practices, such as underpaying consumers, skipping deadlines, delaying investigations, or outright refusing to pay.

Regardless matter how much they try to avoid it, insurance firms have an obligation to their policyholders. They have to keep their part of the bargain you made with them.

You have the right to sue the insurance provider if your claim was refused unjustly. You may either go to small claims court on your own or work with a lawyer to get the best outcomes. For the following reasons, an insurance provider may refuse your claim:

You’ve fallen behind on your payments.

You’ve let your insurance coverage expire.

You neglected to disclose a previous car accident.

You failed to meet a deadline. (For car accidents in Colorado, the statute of limitations is two years from the date of the occurrence.) This implies you have two years to submit your claim before it expires. It will be simpler to gather and preserve evidence if you file early.)

You are entitled to an explanation, regardless of the cause. What’s more, you still have alternatives. Allow a car accident attorney to handle all of the hassles that insurance companies will attempt to inflict on you.

BEST CAR ACCIDENT ATTORNEYS IN COLORADO SPRINGS

And that concludes the stages of a car accident claim and lawsuit. What an adventure!

Do you have any other questions? Are you looking for answers from a car accident lawyer? Now is the time to schedule your free consultation and acquire the information you need to recover from your injury.

It is a car insurance company’s standard operating procedure to deceive you and pay you as little as possible. Don’t let yourself be taken advantage of. By calling a car accident attorney as soon as possible, you can rely on competent legal guidance and vigorous representation at every step of the process.

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