Car Accidents & Injuries
Whether it’s a collision involving a car, truck, motorcycle, or rideshare vehicle, the impact of a car accident extends beyond the immediate pain and damage. Navigating the legal aftermath can be overwhelming, complicating the recovery process with burdensome claims and contentious negotiations in the pursuit of fair compensation. That’s why the road to recovery begins with the right legal team.
What To Do After A Car Accident
In the immediate aftermath of a car accident, taking the proper steps can significantly influence the outcome of any future claims or legal actions. Here’s a guide on what to do.
I. Safety First
Your immediate priority following a car accident should be safety:
- Assess the Situation: If the accident scene poses any danger, move to a safe location if you can do so without causing further harm to yourself or others.
- Check for Injuries: Quickly assess yourself and others for any injuries. Even minor symptoms can be indicative of more serious underlying conditions.
- Call for Help: Dial 911 to report the accident. First responders will dispatch medical services for injured parties and police to manage the scene. This is crucial, as emergency responders can provide immediate care, and the police can begin documenting the incident.
II. Document The Incident
Proper documentation is crucial for legal and insurance purposes:
- Exchange Information: Collect the names, contact information, insurance details, and vehicle descriptions of all drivers involved. This information will be essential for insurance claims and potential legal proceedings.
- Photograph Everything: Take detailed photos of the accident scene from various angles, capturing all vehicles involved, as well as any visible damage, road conditions, street signs, and injuries, if visible.
- Witness Details: If there are any bystanders who witnessed the accident, gather their contact information; their accounts may prove invaluable later. Don’t think that just because the police are on the scene investigating that a subsequent report will have all the witness contact information. You would be shocked at how many reports are received with no witness statements or contact information.
- Make Notes: Document your recollection of how the accident occurred as soon as possible. Over time, details can become foggy, so it’s important to record everything while it’s fresh in your mind.
- Accurately report: Make sure your injuries to the police and first responders are identified. Statements that you are “okay” or “not hurt” will be used against you later, even if what you meant was that you are not ‘seriously’ injured. Documentation is important.
III. File A Police Report
Even if you feel fine, it is crucial to undergo a medical examination:
- Seek Medical Attention: Visit the nearest hospital or your family doctor as soon as possible. Internal injuries like whiplash may not be immediately apparent. Insurance companies take note when injuries are not immediately documented. They will tell a jury that injured people get medical treatment and uninjured people do not.
Document Your Visit: Keep all medical records and receipts related to the accident. This documentation is vital for insurance and legal processes.
VI. Get To A Hospital
Even if you feel fine, it is crucial to undergo a medical examination:
- Seek Medical Attention: Visit the nearest hospital or your family doctor as soon as possible. Internal injuries like whiplash may not be immediately apparent. Insurance companies take note when injuries are not immediately documented. They will tell a jury that injured people get medical treatment and uninjured people do not.
- Document Your Visit: Keep all medical records and receipts related to the accident. This documentation is vital for insurance and legal processes.
V. File A Claim With Your Insurance Company
Prompt communication with your insurance company is vital:
- Report the Accident: Inform your insurer about the accident as soon as possible, ideally within 24 hours.
- Provide Basic Facts: Give a straightforward account of the incident. Avoid overly emotional or exaggerated descriptions, which can complicate your claim.
- Prepare Your Claim: Start preparing a claim that includes your personal details, information about the at-fault party, and details of the accident. Include claims for measurable losses like medical bills and damages like pain and suffering.
What You Can Claim Compensation For
- Special Damages: These are quantifiable losses such as medical expenses, lost wages, and property damage.
- General Damages: These cover non-quantifiable claims such as pain and suffering, physical impairment, and scarring.
Statute of Limitations: How Long Do You Have to File a Claim?
The actions you take immediately after a car accident can impact your legal options.
If you are involved in an accident and the at-fault driver’s insurance is not sufficient to cover the damages, or if you are having difficulty securing compensation through insurance claims, you may consider filing a civil lawsuit. However, to proceed with legal action, you must be aware of and adhere to Colorado’s statute of limitations:
- General Personal Injury Claims: You have three years from the date of the accident to initiate a lawsuit against the at-fault party.
- Wrongful Death Claims: If the accident results in death, the deceased’s representatives have three years from the date of death to file a lawsuit, as long as the death is as a result of an automobile accident.
- Cases Against the Government: If the at-fault driver is a government employee, such as a police officer or a garbage truck driver, you may have to file an official notice within 182 days after the accident occurred.
It’s essential to act swiftly after an accident to ensure that you meet these time constraints. Initiating a claim or lawsuit within these periods is crucial; merely reporting the accident to insurance companies or negotiating settlements does not extend these deadlines.
Colorado’s Car Accident Laws
At-Fault Insurance System
Colorado is an “at-fault” state, meaning that the person legally at fault for causing a car accident is also financially responsible for the damages resulting from the accident. This contrasts with “no-fault” states, where individuals generally first turn to their own insurance coverage to pay for medical expenses regardless of who caused the accident.
Comparative Fault Rules
Colorado employs a “modified comparative fault” rule, which affects compensation based on the injured party’s degree of fault in the accident. This rule is crucial for cases where multiple parties may share the blame.
Read more about auto accident laws: Car Accident Laws in Colorado.
When To Call A Lawyer
In the wake of a car accident, promptly securing legal representation can play a pivotal role in the outcome of your case. Here’s a deeper look into why and when it’s essential to consult with a personal injury lawyer:
Time Management
The thought of balancing existing work and family obligations along with medical appointments, phone calls from insurance adjusters and evidence gathering can throw anyone in a tailspin. Hiring an attorney can instantly relieve some of the time constraints and allow you to return to your priorities.
Immediate Legal Guidance
Consulting with a personal injury lawyer as soon as possible after an accident ensures you receive timely advice to protect your rights and interests from the start. A highly experienced Colorado car accident lawyer can provide crucial guidance on proceeding in ways that will not jeopardize your claim. They can advise you on what to say and what not to say to insurance adjusters, how to document your injuries, and how to secure evidence that may be critical later.
Handling Insurance Negotiations
Insurance companies often attempt to settle claims quickly and for as little as possible. An experienced lawyer can handle all communications with insurance companies on your behalf, ensuring that you do not accept a premature settlement that undervalues your claim. They have the expertise to negotiate with these companies, understand their tactics, and counter them effectively to ensure fair and just compensation. Given Colorado’s legal requirement for drivers to report accidents promptly, a lawyer can also provide timely filing and proper documentation, which are crucial for the success of your claim.
Managing Complex Negotiations & Litigation
Legal representation becomes indispensable if your case involves significant injuries, substantial financial losses, or disputes over liability. In situations where the at-fault party or their insurance company disputes their liability or the extent of your injuries, a lawyer can advocate on your behalf. If negotiations fail, your lawyer can file a lawsuit within Colorado’s statute of limitations, manage all legal filings, and represent you in court.
Maximizing Your Compensation
Personal injury lawyers are adept at calculating the full extent of your damages, including economic and non-economic ones. In Colorado, you may be entitled to compensation for medical expenses, lost wages, pain and suffering, and more. A lawyer can argue for a comprehensive settlement that covers all your losses, including future costs that might arise from long-term injuries.
Get Expert Legal Representation on Your Auto Injury Case
The Legal Help in Colorado team is committed to getting justice for car accident victims. If you’re looking for an auto injury attorney in Colorado, contact us today to schedule an appointment. Initial consultations are free and conducted with absolute confidence. When we take your case, you won’t have to worry about affording skilled legal representation—we only get paid if we win.
Contact Legal Help in Colorado
Ross Ziev and his team at Legal Help in Colorado are regarded as one of Denver’s leading accident attorneys and experienced lawyers for car and other vehicle accidents. We specialize in representing personal injury victims, handling negotiations with insurance companies, and providing representation in court. We operate on a contingency fee basis, relieving you of concerns about payment until you receive your rightful compensation.