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Can I Sue for Personal Injuries After a Car Accident?

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You can sue for personal injuries after a car accident. However, whether your lawsuit wins is a different subject altogether. A Denver car accident lawyer can decide if your lawsuit can get you fair compensation.

After a car accident, electing to sue someone personally is a big step. Sometimes it’s hard for both parties to come to the correct agreement, and going to trial takes up a lot of time. That’s why you should speak with the insurance company first to find out the settlement they are willing to offer.

Additionally, choosing to go to court is a personal decision. You could end up getting different compensation. This is why it’s critical to recognize the correct time to sue the other party is in your best interest.

While you can sue the negligent party for damages, you may not get the results you want. The person may not have enough money to cover your damages. You cannot get what they don’t have. Winning a settlement might feel good but will not provide monetary assistance if you can’t get compensated.

Negotiation with the Insurance Company

Before you sue the negligent party, it would be a smart move to try to come to a settlement agreement before deciding to go to trial.

An experienced and skilled car accident attorney can seriously move the scales in your favor. They handle all the negotiations with the insurance companies and get you a settlement without going to court. During negotiations, your attorney will oversee submitting evidence to the at-fault party’s insurance company.

The gathered evidence will include:

  • Time missed from work
  • Medical bills
  • Expenses related to the accident
  • Pain and suffering

The total amount for damages will be a lump sum and function as the first settlement offer. The first offer typically is rejected, and negotiations will continue. At this point, it is best to let your lawyer take over from here and get you the payment you deserve.

Usually, insurance companies will attempt to offer you a low monetary amount since they’re the ones making payments and not the responsible party. Therefore, take a good look at what the insurance company wants to offer you. If the sum is too low or the payment won’t cover what you and your family need to recover completely, then it’s in your best interest to sue the other driver.

While your lawyer can manage negotiations, discussions, and agreements with the insurance company, you must be careful when dealing with the claims adjuster. Even if you have an attorney, they might ask that you provide a recorded statement. This isn’t a good idea.

The insurer could use anything you say to discredit or undervalue your case. Don’t say things like:

  • “I’m sorry.”
  • “I wasn’t paying attention.”
  • “I wasn’t injured.”
  • “I had this injury before.”
  • “It was my fault.”
  • “I’m okay.”
  • “I’m good.”

Also, don’t point fingers or voice your opinion when talking about the cause of the crash. When the insurance company calls, refer the individual to your attorney.

The Outcome of Your Case Depends on Its Supporting Evidence

Proof is crucial when you sue for personal injuries after a car accident. For your case to win, you must prove, with evidence, the at-fault driver’s financial responsibility. Information to support your case may include:

  • Pictures and videos of the accident scene
  • Police accident report
  • Videos and pictures on the crash site
  • Medical report of any physical injuries
  • Professional accident reconstruction data
  • Witness statements

A car accident attorney in Denver will understand how to get vital documentation to strengthen your case. They may also hear your account of the car accident during a no-obligation, free consultation.

A Victorious Lawsuit Needs You to Prove Neglect

Negligence happens when someone fails to behave with reasonable care. In an auto crash, negligence could include being high on drugs/alcohol, speeding, or texting while driving.

Proving that another motorist behaved recklessly necessitates showing:

  • The other driver’s actions caused your accident, resulting in injuries.
  • The other driver’s negligence caused your car crash.
  • The other driver drove recklessly.
  • You endured losses due to your injuries.

Proving neglect after an auto crash could be difficult, even if it seems easy at first.

In some instances, the responsible party is not instantly apparent, or there is more than one driver at fault. In these circumstances, you may benefit from an attorney’s perspective. They can prove negligence, along with handling the other pertinent parts of your case.

Being the victim of an auto accident could affect your life in numerous ways. If you were injured in a crash caused by another driver, you can sue someone personally after your collision. Starting legal action may work for you in several ways. Mainly, filing a lawsuit can help you get financially compensated for your accident-related damages and injuries.

Our Denver car accident attorneys can assist you in getting compensated by:

  • Gathering evidence of negligence
  • Establishing liability
  • Interviewing 3rd party field experts and witnesses
  • Assessing the amount of your accident-related expenses
  • Showing how your collision occurred and who was at fault
  • Negotiating a settlement with the at-fault driver’s insurance company
  • Filing a lawsuit

At Lampert and Walsh, we handle all the legal parts of your case so you can concentrate on healing physically and mentally from your accident.

The Burden of Proof in Car Accident Cases

The burden of proof in a lawsuit is the crux that an individual must meet in court to prove the case. The burden of proof in a car accident case is usually most of the evidence. Most of the evidence, also referred to as a preponderance of the evidence, signifies that your version of events is more possibly true than not true. This is a lesser standard than the burden of proof typically needed in criminal cases.

To satisfy your burden of proof, it might be necessary to hire an accident reconstructionist specialist. This expert can visit the accident scene, gather evidence, assess measurements, and finally re-create the accident, all in determining and demonstrating what probably took place.

You Must Meet Your Case’s Filing Deadlines

Claims and lawsuits are two different matters with separate filing deadlines. The liable insurer’s deadline could differ from the lawsuit the state instigated. One thing’s for sure: following the necessary deadline is vital to the outcome of your case. By performing swift legal action, you can safeguard your rights and go after what you need from the at-fault party.

Your Financial Damages

Some financial damages are simple to quantify since they come with receipts, bills, and invoices. Such compensable financial damages include:

  • Lost income or not being able to work while you recuperate from the car crash
  • Medical costs like hospital, emergency room, and hospital bills
  • Medical devices and equipment to help you recuperate from your accident injuries
  • Physical therapy and counseling
  • Medication

You could also recoup any out-of-pocket expenses related to the car accident, including vehicle repairs and childcare.

Your Non-Financial Damages

Non-financial damages are hard to determine since they don’t have specific values. However, you can still get compensated for:

  • Physical and mental pain and suffering
  • Disability, scarring, or disfigurement
  • Loss of enjoyment of life
  • Emotional suffering
  • Brain injury or paralysis

There are other non-financial damages you can pursue. While non-financial damages don’t come with supporting documentation, your attorney can decide their monetary value based on the complete suffering and severity of your injuries from the car crash. This includes how your non-financial damages will affect your future.

When to Hire a Lawyer After a Car Accident

If your lawyer feels that a lawsuit is applicable in your case, this is where the time aspect comes into play. Colorado law states that you have three years from the date of the car accident to file the initial claim. This means that if you don’t file a lawsuit within this time, you might not be able to pursue legal action against the at-fault party.

There are some exceptions to the statute of limitations. For example, one is referred to as “tolling.” Sometimes, situations beyond the plaintiff’s control stop a case from going forward. When this occurs, the case could be paused (“tolled”) until the issue is resolved. Typical reasons for tolling car accident cases include:

  • The defendant has filed for bankruptcy
  • The victim isn’t mentally capable
  • The victim was a minor when the car accident happened

Contact a Car Accident Attorney in Denver to Handle your Car Accident Claim

Car accidents can leave you in a negative state. You will have mental anguish and physical injuries, emotional distress, and related financial damages. Medical care during and after the accident is costly. You might not be able to work to support yourself and your loved ones.

Therefore, you have the right to sue the at-fault party for your losses. Rather than handling this stressful situation alone, contact a car accident attorney from Lampert and Walsh as soon as possible following your crash. An empathic and knowledgeable attorney will handle your case with skill, working to obtain financial recovery and provide some reprieve from your stressful situation.

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