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Can You Sue After A Car Accident in Colorado Springs?

by | Dec 25, 2021 | Car Accidents

Colorado Springs Car Accident Lawsuits

After a car accident, you can sue, but whether you can obtain compensation is a different story.

If you were injured in an car accident through no fault of your own, filing a lawsuit is typically the most effective method to receive compensation for your losses.

However, several factors to consider when deciding whether and how to file a lawsuit after an car accident. Let’s have a look at what we’ve got.

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IS IT TIME TO FILE A CAR ACCIDENT LAWSUIT?

Just because someone can file a lawsuit doesn’t mean they should—especially if they don’t have legal representation. An experienced car accident lawyer may be a helpful asset in ensuring that your claim is successful.

According to statistics from a recent year, roughly 1.33 million attorneys in the United States. Thus car accident victims will have no trouble seeking legal representation.

Thanks to technological advancements, finding a car accident lawyer has never been more straightforward. According to the Pew Research Institute, ninety-three percent of individuals in the United States use the internet.

This provides the legal profession with a simple new means to engage with individuals who want their services, making attorneys more accessible than ever before—particularly in car accident cases, where most law firms provide a free first consultation.

Find a reputed legal firm with expertise in motor car accidents if you were in a car accident and are considering filing a lawsuit. Please make an appointment with them to discuss your situation.

A case assessment will not only give you an indication of how strong your prospective claim is but will also offer you an estimate of how much compensation you may be able to receive. Before you go through the money and effort of litigation, you should be aware of this.

THE MOST COMMON REASON CAR ACCIDENT VICTIMS CONSIDER FILING A CLAIM

Injuries in an car collision may vary from minor and inconvenient (sprains, strains, or soft tissue injury) to catastrophic or lethal, depending on the size and speed of the vehicles involved. While you can sue for the former, it may not be worth your time and effort, mainly if your insurance would cover any medical expenses incurred due to the injuries.

Serious injuries, on the other hand, often need legal action. Internal injuries and traumatic brain injuries are two examples of more severe injuries. Abdominal discomfort and bruising, decreased blood pressure, respiratory and cardiac problems, and blood in the urine are all symptoms of internal injuries.

  • Headache
  • Bruising around the eyes
  • Loss of consciousness
  • An evident depression in the skull
  • Visible blood in the ear
  • Loss of vision
  • Elevated blood pressure
  • Confusion
  • Memory loss

Inability to concentrate are all symptoms of a traumatic brain injury.

Neck and spinal cord damage, crush injury, traumatic amputation, and facial and dental damage are all examples of car accident injuries that may cause legal action.

Speeding, distracted driving, weariness, and impaired driving are the most prevalent causes of car accidents.

Personal injury lawsuits are legitimate to seek compensation, but they do not always succeed. The quality of the evidence you can gather to support your claim, as well as the severity of your injuries, will determine whether you win.

Insurance adjusters will most likely utilize a mix of computer tools developed to determine possible case value and prior historical data based on instances comparable to yours in relatively small and easy accident situations.

However, the more money at stake for an insurance firm, the more likely it to dispute a claim. The fundamental goal of an insurance company is to pay out as little money as possible and settle claims as rapidly as feasible.

IT TAKES TIME TO FILE A CAR ACCIDENT INJURY CLAIM AND RECOVER COMPENSATION.

A victim of a car accident injury will have to wait for compensation before receiving a cheque. Some aspects of the timeframe are in the victim’s control, such as when they file a case, although each state sets a deadline for bringing a personal injury lawsuit. A statute of limitations is the legal term for this timeframe.

The statute of limitations varies by state and might be one to six years. Louisiana and Tennessee, for example, only allow one year, but Maine and North Dakota allow six. A plaintiff’s right to seek financial redress ends when the statute of limitations runs out. There may be some exceptions.

Whatever your state’s statute of limitations is, it’s always better to start the process as soon as possible. This reduces the time it takes to process your claim and increases your chances of receiving a complete financial recovery.

Critical evidence might be lost or destroyed over time, witnesses’ recollections can fade, and essential papers can become challenging to get. All of them are necessary for establishing your claim and obtaining the compensation you deserve from a defendant and their insurance.

An car accident claim might take a long time to complete. Having a professional legal advocate for you might alleviate the stress of filing a claim.

  • Investigate the accident
  • Determine the cause of the accident and possibly culpable parties
  • Communicate with the insurance company
  • Negotiate a settlement

If necessary, take the case to trial and secure a court judgment of damages on your behalf

Physical recovery may take an extended period, which might delay the resolution of your claim. Only once you’ve determined the entire amount of your recovery will you be able to negotiate the most significant potential financial settlement. If you make a hasty decision, you may be leaving money on the table!

CONSEQUENCES OF FILING A PERSONAL INJURY CLAIM AFTER A CAR ACCIDENT

If you file a car accident injury claim, the insurance company will not readily back down. Expect a slugfest until the bitter end.

Adjusters for insurance claims are expert investigators. They may utilize their investigation abilities to obtain evidence to refute your allegation within the bounds of the law. Even on social media, an accident victim may be monitored or tracked.

As a result, posting images of your accident, commenting on your injuries, or simply discussing your case with anybody other than your attorney is never a brilliant idea.

Any talks a client has with their lawyer are private, but communications with anybody else, even close friends and family, are not.

An insurance company may be able to compel people to provide the information you’ve given them. In-car accident lawsuits, the cliched legal expression “whatever you say may be used against you” has some reality!

The at-fault driver’s insurance company may check the wounded person’s background. As a general rule, the more serious the damage, the more motivated the adjusters are to find a cause to dismiss or undervalue the claim.

You might anticipate claims adjusters to be more aggressive in cases where the plaintiff’s injuries are severe (brain damage, paralysis, traumatic amputation, permanent disability, or death). As a result, they may delve even further into your background to refute your claim.

WHAT’S THE DIFFERENCE BETWEEN A CLAIM AND A LAWSUIT?

Those who have been injured in car accidents due to someone else’s negligence have the right to seek compensation for their losses. An insurance claim or a lawsuit may be used to seek compensation for the victim. Often, victims will submit a claim with their insurance company to settle.

If or when:

  • An insurance company declines a claim, a victim may need to file a lawsuit.
  • The insurance company makes an egregiously low settlement offer.
  • The insurance company is adamant about not negotiating at all.

An accident victim may need to file a lawsuit in these situations. The plaintiff’s destiny may be in their hands once the matter is brought before a judge and jury. Fortunately, many parties reach an out-of-court settlement before the case goes to trial.

AFTER A CAR ACCIDENT, WHO DO YOU SUE?

One of the first things you’ll need to figure out if you want to pursue a personal injury claim is who is to blame for the accident and your injuries. You may assess what resources can compensate you and if you have any further limits in filing a claim based on the response to this question.

In a car accident lawsuit, determining who is at fault might be more complicated than you think.

As an example,

If a defective part on a car was found to cause the collision, the part’s manufacturer might be held liable.

THE AMOUNT OF MONEY YOU MAY GET BACK DEPENDS ON WHAT YOU LOST IN THE ACCIDENT.

Millions of car accidents occur every year, each with its own set of causes and effects. Some of these may cause only mild harm. In certain circumstances, the expense of recuperating from an car accident is too high. What you can recover is determined by the expenditures and consequences you can demonstrate.

Out-of-pocket costs that are documented are easy to calculate. An emergency medical treatment immediately after an accident, the expense of emergency ambulance transportation, inpatient hospital costs, medications, imaging investigations, surgery, physical therapy, follow-up physician appointments, and medical equipment, for example, are all direct losses to show.

Non-medical out-of-pocket costs are also often straightforward to track. Rental car fees, parking fees, mileage reimbursement, public transportation fares, and the cost of using a ride-share service are examples of alternative transportation costs.

Other consequences of severe physical injuries, on the other hand, are more difficult to quantify.

When it comes to value: A legal firm with the correct expertise, reputation, and resources, such as financial analysts and other professionals, may go a long way in assisting a family.

  • Expected increases, bonuses, or commissions will be lost in the future.
  • Job retraining
  • Required home changes
  • Hiring domestic services that the sufferer can no longer perform
  • Long-term medical expenditures in the event of permanent incapacity
  • The plaintiff’s ability to make money in their chosen occupation has been harmed.
  • Other, less measurable effects, such as pain and suffering, maybe recoverable for a car accident victim.

Is it feasible to put a monetary value on agony and pain? Loss of self-esteem, changes in family and friend relationships, and the capacity to participate in regular daily activities are prevalent following a catastrophic car accident.

Catastrophic car accidents often impact marriages and personal relationships. Anxiety, sadness, mood swings, sleeplessness, and, in extreme situations, post-traumatic stress disorder may all result from emotional discomfort.

While these losses are more challenging to measure, they are no less deserving of compensation.

IS IT POSSIBLE TO FILE A CAR ACCIDENT CLAIM WITHOUT HIRING A LAWYER?

The real issue is whether you should.

No, if you want to give yourself the most incredible opportunity of getting all the compensation you need and deserve, no. An experienced car accident lawyer has the resources and information necessary to file a successful claim, so you’ll be much better off with one on your side.

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