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How a Colorado Springs Truck Accident Attorney Can Help

by | Jan 4, 2022 | Trucking Accidents

Why Should You Hire A Truck Accident Attorney?

Every year, over 15.5 million cars move approximately 70% of all freight traveled in the United States—a staggering $1 trillion worth of commodities both inside the nation and between the United States, Canada, and Mexico. Trucks were involved in 38,808 accidents on Colorado’s highways in the latest year for which Colorado Highway Safety and Motor Cars has comprehensive information.

Because there are so many trucks on the road, it’s not unexpected that they collide with passenger cars. Unfortunately, because of the size disparity between cars and trucks, the damage small cars receive in terms of personal harm and material damage is nearly usually substantially more than that sustained by truck drivers and their cars.

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Injuries From A Serious Truck Accident? Legal Action Is Required

The injuries suffered by truck accident victims may be serious, even deadly. As medical bills build up and sufferers feel that there’s no way out from under the weight of ever-increasing charges, injury brings both physical and financial suffering. Even if the victim has medical insurance, the expenditures may seem overwhelming due to deductibles, co-pays, and coinsurance.

For individuals who do not have insurance or whose no-fault medical payments coverage insurance does not cover all of their expenditures, the outcome may be a financial disaster, since they are responsible for every dollar spent on medical treatment to diagnose, treat, and recover from their injuries.

When injuries are severe enough, they may result in lifetime suffering and expensive life adjustments. Some sufferers are rendered unable to work at all. Others are reliant on high-priced medical devices or pharmaceutical regimes.

Contact A Truck Accident Lawyer As Soon As Possible

If you have been injured in a truck accident, there is still hope for you to overcome your financial difficulties. As quickly as possible, contact a Colorado truck accident lawyer. Under Colorado law, you may sue an at-fault truck driver for monetary damages in the form of a personal injury lawsuit.

However, you must submit your lawsuit within three years of the date of your injury. This is referred to as the statute of limitations, and it is a set deadline. If you do not file within three years, regardless of how legally solid your claims are or how gravely you have been wounded, the court will dismiss (throw out) your case, leaving you with no legal recourse.

Don’t let three years deceive you into thinking it’s a long time. The time might fly by as you concentrate on your rehabilitation. These disputes are complex, and the sooner you contact an attorney, the sooner you may get the cash you deserve. Bill collectors will keep calling until you pay them, and they won’t wait three years to pursue the most serious actions available to them, such as handing you over to collections or obtaining a civil judgment against you so that your earnings are garnished.

How A Truck Accident Lawyer In Colorado Can Help

You may be wondering whether you need an attorney to assist you to pursue your legal rights in a truck accident case. Let’s get it out of the way immediately—yes! Personal injury legislation is complicated, with several parties and moving pieces at all times.

When insurance companies are involved (which they nearly always are), they have teams of lawyers whose only purpose is to make sure that their employers pay you as little as possible.

Those lawyers are well-versed in the law and would happily accept the opportunity to take on an unrepresented party who may not be aware of their rights or the full extent of their losses. You need a knowledgeable and experienced attorney on your side, fighting for every dollar of compensation available under the law. But what can your lawyer accomplish for you?

Getting Your Lawsuit Started

In your case, who should you file a claim against? It may seem to be a simple question, but it may rapidly get convoluted. Of course, the driver and his or her insurance company will be named as defendants, but what about the employer? It’s possible, but it’s not usually the case.

What about both yours and the other drivers’ insurance companies? It’s almost certain that you’ll be involved. Were there any unmarked hazards or hazardous road conditions? It could be acceptable to hold people responsible for road upkeep accountable.

A competent lawyer can assess the facts of your case and identify who the proper defendants are in your scenario. Suing the incorrect party, such as failing to file within the statute of limitations, might result in your case being dismissed. Because these cases require time to prepare, having to start again might result in you running into or, in the worst-case situation, totally missing the statute of limitations.

While it may seem like common sense to file a lawsuit on time and against the appropriate defendants (and it is), cases are often rejected for these reasons.

Negotiation On Your Behalf

Pretrial settlements settle the vast majority of personal injury cases, which never make it to a courtroom in front of a jury. That’s why it’s critical to ensure that the lawyer you choose has experience with truck accident cases, is familiar with the sorts of damages you’re entitled to, and knows how to deal with insurance company lawyers who want to give you the absolute minimum.

In the absence of a settlement, negotiations might proceed until the moment a jury receives your case for consideration. A skilled lawyer will know how to get you what you deserve without alienating the opposing side or shutting the door to future talks. Leaving the door open for a settlement offer is always a good idea, and walking away totally is nearly always a poor one.

Investigation Is A Key Component Of The Process

During your lawsuit, your attorney will almost definitely hire an investigator to interview witnesses and other parties involved, analyze documents, and, if necessary, visit the accident site. As fresh information becomes available, it may be beneficial and strengthen your negotiation position.

Remember how you kept that door open? This is one of the main reasons. You’ll never know all of the facts an investigator will find out about the case when you file, so being able to go back with additional information might help you get a better settlement offer.

Taking Your Case To Trial After A Truck Accident

You make the final decisions in your case at all times. You must determine whether or not to accept a settlement offer and whether or not to proceed to a jury trial.

Your attorney has a legal responsibility to bring you every offer from the defendant, and they will undoubtedly give you their judgment on how good the offer is and how much you could collect at trial, but the choice is ultimately yours. It’s your case, and the outcome will have an impact on you and the rest of your life, so you’re the captain.

If you reach a point when settlement discussions aren’t working and you need to take your case to trial, the expertise of your attorney is crucial. You need an excellent litigator, and not all lawyers have the same skills. A good lawyer will know how to pick and then connect to a jury, know how hard to press sympathetic witnesses, and be able to translate technical medical terminology and material into plain juror-friendly English.

Choosing The Best Lawyer For A Truck Accident Case

In addition to these “soft” skills, a trial attorney must also have a solid awareness of the rules of evidence and civil process, be acquainted with the procedures of the jurisdiction hearing your case, and be well-versed in the complexities of Colorado truck accident law.

When searching for an attorney to represent you in a truck accident case, it’s vital to check into their case history as well as listen to their pitch, which will almost certainly imply that they can obtain you large sums of money. It is critical to choose a truck accident lawyer who has handled cases similar to yours.

They should have dealt with comparable injuries, accident causes, and so on. Moreover, they should have achieved success in their previous cases. Be aware that success does not necessarily mean that their clients received settlements. Keep an eye out for attorneys that not only win settlements for their clients but also represent them in court when they file a case.

When choosing an attorney to defend you in this, most likely the most significant legal case you will ever face, be sure to inquire about their trial experience, particularly with truck accidents. While all lawyers attend law school and pass the bar exam, they usually specialize in one area of the law.

You wouldn’t have your foot operated on by a neurosurgeon, and you shouldn’t have your truck accident case handled by an attorney who has never dealt with truck accident litigation before.

Types Of Injuries Caused By Truck Accidents

Economic, non-economic, and punitive damages (monetary payments) are available to victims of truck accidents under Colorado law.

Each case is distinct and needs a separate legal examination. You may be entitled to any or all of the damages listed below, depending on the circumstances of your case.

Economic and non-economic damages will be discussed if your case is settled, but punitive damages may only be awarded by a jury and then authorized by the court.

Economic Losses

Consider economic damages to be expenses for which you get a bill or for which you pay and then obtain a receipt. They are observable expenses having a monetary value that can be calculated.

Medical costs are the most prevalent. They cover things like ambulance transportation to a medical facility, your initial hospital stay (surgeries, lab tests, X-rays, diagnostic testing, doctors’ fees, medications, and other treatments), follow-up appointments and additional surgeries, medication, therapy (physical, speech, occupational, and mental health), and rehabilitation services.

Another sort of economic harm is lost earnings. The money you lose during your first stay, as well as any additional time is taken off work for appointments, may quickly add up. Because you’ll be away from work, you can lose out on commissions, retirement contributions, or tips.

Future wages are the earnings you will lose as a result of your injuries in the future. You will be losing money for the rest of your life if you are unable to return to work or are forced to pick a position that is underpaid in comparison to what you performed before your accident.

An actuary can calculate the number based on things like your current age and life expectancy, previous wages, the possibility of advancement you had previously, your level of education or professional training, and the time value of money, which is more difficult to calculate than wages you are currently losing or have already lost.

You must establish economic losses since they are readily demonstrable. That implies you must meticulously record all of your expenses. Keep all your receipts and bills. Keep track of the time you’ve missed at work.

Damages That Aren’t Monetary

Non-economic damages, as the name implies, are meant to recompense victims for losses that, although real, are intangible and unquantifiable. For deformity, bodily pain, and suffering, physical handicap, or mental agony, you may be entitled to compensation. Furthermore, if you have a spouse, they may claim loss of consortium as part of your case and obtain damages for things like companionship loss.

Punitive Damages

Punitive damages may be suitable in your case, although they are seldom given in Colorado personal injury cases. Punitive damages are designed to penalize the offender for unusually immoral or egregious action rather than to recompense victims. They are also meant to deter others from participating in the same activity.

Punitive damages in Colorado are restricted to three times the total of economic and non-economic losses (often referred to as compensatory damages) or $500,000, whichever is higher.

Seek The Advice Of A Seasoned Semi-Truck Accident Attorney

If you’ve been hurt in a truck accident and have expenses and fees you can’t afford, a qualified truck accident attorney can help you fight for the compensation you deserve. Look for someone who will provide you with a free first case examination, accept cases on a contingency basis, and answer all of your inquiries.

Call 719-300-1100 or fill out an online contact form to schedule a free consultation with Warrior.

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