What Are the Different Types of Car Accident Liability Claims?

Car Accident Liability Claims for Colorado

Written by Jeremy D. Earle, JD

December 5, 2021

Top Rated Colorado Springs Car Accident Law Firm

WHO IS TO BLAME FOR YOUR INJURIES IN A CAR ACCIDENT?

Liability lawsuits for car accidents sometimes resemble a labyrinth and are laden with sophisticated aspects.

You may be aware that you have the legal right to seek compensation for both personal injuries and property damage, but do you know how to prove liability?

What kind of liability is involved?

How do you determine the guilt of each party involved in the accident, as well as the overall amount of compensation you should be awarded?

Working with a lawyer can help you evaluate culpability and better understand the financial compensation you may be entitled to due to your injuries; nevertheless, having a basic grasp of liability claims may help you go ahead with your case more successfully.

COMPENSATION FOR PERSONAL INJURIES

Have you suffered any injuries as a consequence of your car accident? You’re not the only one who feels this way. More than 17,700 collisions occurred in Pinellas County, where Colorado Springs is situated, resulting in 10,654 injuries and 112 deaths in the previous year. There were 1,434 commercial car collisions, with 495 pedestrians and 618 bicyclists involved.

The Colorado Springs Police Department recorded 2,202 collisions, 827 injuries, and ten deaths. In Colorado Springs, commercial cars were involved in 200 accidents, including 60 pedestrian collisions and 86 bicycle collisions.

You must establish that the accident caused your injuries—that is, that you were hurt during the accident or as a direct consequence of the accident’s events—to successfully make a claim. For example, if your injuries were caused by medical malpractice at the hospital after the accident, the hospital, not the people who caused the accident, would be held liable. If, on the other hand, your injuries were caused directly by accident, you may be able to make the following claims:

EXPENSES FOR AMBULANCES AND TRANSPORTATION

Were you taken to the hospital in an ambulance from the accident scene? The expense of an ambulance may result in large initial fees on your medical bills. Even if you just have minor injuries, you may need to be transported by ambulance.

 

EXPENSES FOR IMMEDIATE HOSPITALIZATION

The costs of going to the emergency department may rapidly add up. X-rays, scans, and another testing may be required to assess the full degree of your injuries. You may also get emergency care for your injuries in the hospital, including durable medical equipment such as crutches, walkers, and wheelchairs to help you preserve mobility while you heal.

THE EXPENSE OF MEDICAL TREATMENT IN THE LONG RUN

Broken bones, internal bleeding, and organ damage may all need surgery as well as long-term medical attention. You may need to stay in the hospital for a long period, or you may need to see your doctor many times to obtain complete care for your injuries. As your injury heals, you may need physical therapy to help you restore strength, flexibility, and mobility.

THE PRICE OF LONG-TERM CARE

In certain situations, you may have lasting damage due to the accident, necessitating long-term medical treatment. You may be eligible for compensation if you need long-term care to deal with your injuries, such as professional nursing care, a caregiver to assist with everyday duties around the house, or continuing medical treatment.

LONG-LASTING MEDICAL EQUIPMENT, AS WELL AS MODIFICATIONS TO YOUR HOUSE AND MODE OF TRANSPORTATION

In certain situations, your injuries may need making changes to your house or car to stay mobility. To help you move up and down the stairs, you may need to expand entrances, create ramps, or add mobility support. You may require a car that’s been particularly adapted to enable you to drive it without using your legs or feet.

You may need to utilize durable medical equipment, such as wheelchairs, walkers, shower chairs, and safety bars to help you participate in everyday activities independently in certain circumstances. These purchases may be compensated as part of your injury claim.

WAGES LOST

You are often unable to work due to serious injuries. The nature of your injuries and the sort of employment you do may determine how much time you lose from work. For example, a lower- body injury may not keep you from working at a desk job in the long run.

Still, it may prevent you from working a regular schedule momentarily, particularly if your ailment causes severe discomfort. If you perform a manual job, on the other hand, you may have to miss a significant amount of time at work before returning to your regular schedule.

Even the obligations of a desk job might be difficult to fulfill after a traumatic brain injury, particularly if you battle with disorientation or agitation. Financial consequences of missing time

 

at work might put you in a bind, particularly when medical costs pile up. The majority of wounded people will include such salaries in their injury claim.

EARNING POTENTIAL HAS BEEN LOST

Some injuries may make it impossible for you to return to work in your previous position. For example, paralysis may make it impossible for you to return to manufacturing work that needs you to stand, walk, or transfer heavy objects most of the day.

Traumatic brain injury might make it difficult to execute your regular work obligations, particularly if it has long-term consequences. In this situation, as part of your injury claim, you may be entitled to compensation for lost earning potential. Insurance companies often calculate lost earning potential based on your pay at the time of the event. You may be able to get money back for prospective promotions or increases, but many insurance providers won’t payout.

COSTS OF A FUNERAL AND BURIAL

Not every person who has been wounded files a personal injury claim. Family members and beneficiaries may submit a claim on behalf of a dead person in particular instances. If a loved one was killed in an car accident, you might be able to collect funeral and burial costs by filing a claim on their behalf. You may also collect monies to compensate for the loss of companionship or financial assistance from the person.

The maximum amounts specified by the responsible individual’s insurance policy are often used to restrict personal injury claims. On the other hand, working with a lawyer may often help you more efficiently determine how much compensation you should get for your injuries and improve your chances of receiving the maximum amount permitted under the plan.

PROPERTY LOSS

Many people suffer property loss as well as physical injury as a consequence of car accidents. Even a simple fender bender may result in considerable damage to your car and any other goods in it at the time of the accident. A property damage claim might involve a variety of elements, such as:

YOUR CAR WILL BE DAMAGED

In most cases, a reputable technician or shop affiliated with the insurance company assesses the car’s damage and determines if it can be repaired. The garage will provide a pricing estimate for the repairs.

The insurance company will then determine whether to pay the full cost of repairs or declare the car totaled and give you the cash to replace it. Even apparently, small car damage may sometimes go deeper than the surface.

 

You may discover that car damage is more costly than you anticipated. Having a certified technician inspect your car will guarantee that you get all the monies you need to get it back on the road.

RENTAL CAR CHARGES

A mechanic will also discover possible flaws with the car that might lead to an accident in the future. You may need your car to carry out everyday tasks such as child care and commute to and from work in certain circumstances.

If your car has to be repaired for an extended period, you may be eligible for cash to help pay for a rental car while you wait. You may also negotiate the price of a rental car for a limited time while you look for a new car.

A rental car may help you get about while your car is being repaired, particularly if you drive for a career. On the other hand, Rental car payments are often just for a brief length of time, so you’ll need to replace your car fast.

REPLACEMENT OF A CAR SEAT

If you have tiny children still in car seats, you should verify the manufacturer’s instructions for their seats after an accident. After even a small accident, several manufacturers require owners to replace their car seats.

Others will make suggestions depending on the severity of the accident and the car’s condition. Car seats may seem little in contrast to the expense of replacing a car, but the cost of a new car seat may be too expensive for many parents.

Replacing other goods in the car, which you may be entitled to include as part of your property damage claim. Many individuals travel with pricey stuff daily.

For example, you may keep your phone in your pocket and your laptop in a front-seat backpack. You may include these things in your property damage claims if they are damaged in a car accident.

Examine any objects in the car at the time of the accident, such as your clothes, sports equipment, and devices, with care. While you may not get compensated for every tiny thing destroyed in the car accident, you will almost certainly be compensated for big or costly goods.

WHO IS RESPONSIBLE FOR YOUR DAMAGES?

To collect money via a court lawsuit, you must first determine who is responsible for your accident and injuries. If you caused the accident, the amount of money you may get depends on your insurance coverage and policy limitations. If you are at fault in the accident, your compensation may be reduced by that proportion. However, there are several additional companies and people who might be held liable for your disaster. Knowing who is to blame for your accident might help you decide who you should claim against.

 

THE OPPOSING DRIVER

In most car accidents, the other motorist is held responsible for your personal and financial losses. That motorist may have been driving while intoxicated, inattentive, or just disobeyed the laws of the road. Other drivers may be held liable if they failed to see you or engaged in a risky move on the road that resulted in the collision.

THE EMPLOYER OF THE DRIVER

If the other motorist was working at the time of the collision, his or her employer might be liable for your injuries. Employers must hire responsible, skilled drivers who are unlikely to cause accidents or injuries. Employers must also offer suitable working conditions, such as performance criteria that remove a driver from the road if he or she has been driving for an extended period, is unable to keep alert, or poses a hazard to others on the road.

RESTAURANTS AND BARS

Drunk driving accidents result in more injuries and property damage than other kinds of collisions. Furthermore, drinking while driving increases the likelihood of an accident greatly. Consider where the drunk driver got the booze if your accident included one. If they were overserved, a bar or restaurant might be held partially responsible for the accident.

CAR MAKERS

Car manufacturers may sell cars with defective components or let cars on the road prone to accidents in specific instances. If a car’s manufacturer fails to take reasonable care of it, and an accident occurs; as a result, the manufacturer may be held liable in your case.

MECHANICS

Car manufacturers are responsible for ensuring that the cars they let on the road are as safe as feasible, and technicians are responsible for ensuring that the cars they maintain are as safe as possible. If a mechanic fails to properly fix a car or notices a defect that leads to an accident, the technician may be held partially responsible.

If you’ve been hurt in a car accident, you may need to hire a lawyer to determine who is responsible for your injuries. Knowing who is financially responsible for your claim can aid you in obtaining the finances you need to continue with your life after an accident.

WORKING WITH A LAWYER MAY HELP YOU GET BETTER RESULTS WITH YOUR CLAIM.

Have you been in a car accident and sustained injuries? Are you having trouble paying your medical costs and getting your life back on track? Call 719-300-1100 or send an email to the Warrior Car Accident Lawyers now. Our main objective is to ensure that our clients get complete compensation for their injuries.

Warrior Car Accident Lawyers

1902 W. Colorado Ave., Suite 100

Colorado Springs, CO 80904

719-300-1100

Free Consultation

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