Car Accident Attorneys in Denver, Colorado
Dealing with car accidents can be devastating for anyone. Serious injuries and death can lead to irreparable losses. That is why getting fair compensation for material damages and personal injuries, including death, is essential to picking up the pieces and moving on. At Hebets & McCallin P.C., our personal injury attorneys believe in supporting car accident victims in Denver, Colorado. If you’ve been in an accident, reach out and schedule a consultation with our attorneys today.
Liability for Car Accidents in Colorado
In 2022, more than 700 people lost their lives due to traffic accidents in Colorado. This alarming figure underscores Colorado’s efforts to reduce traffic accident-related deaths. As a result, liability issues get significant attention.
Colorado is an at-fault state. In an at-fault state, liability for car accidents is determined based on fault. In other words, the driver at fault for causing the accident is responsible for paying damages to the other driver(s) involved.
However, Colorado also uses a comparative negligence statute—this means that a driver’s compensation will be affected by their liability percentage, up to 50%. In other words, if a driver is found more than 50% liable for the accident, they give up the right to receive any compensation. But, if they are 20% liable for the accident, their deserved compensation is reduced by 20%. For example, a driver is owed $10,000 in compensation. They are 10% liable for the accident. Therefore, they will receive only 90% of the 10,000 (totaling $9,000).
For any questions about liability in the car accident you experienced, reach out to our personal injury attorneys today.
Insurance Requirements in Colorado
Colorado requires drivers to carry liability insurance, which covers damages they may cause to other drivers in an accident. Colorado’s minimum required insurance coverage is $25,000 for bodily injury per person, $50,000 for bodily injury per accident, and $15,000 for property damage per accident.
Please bear in mind that these minimum insurance requirements may be insufficient to cover damages and personal injury resulting from a serious accident. Consequently, accident victims may need to resort to a personal injury lawsuit.
Filing a Claim With Own Insurance
Depending on the circumstances of the accident and the types of coverage available, accident victims may need to use their own insurance coverage to pay for damages or injuries. For example, if the other driver does not have insurance, their insurance coverage is not enough to cover your damages, or you were involved in a hit-and-run, you may need to use your own uninsured/underinsured motorist coverage.
Filing a Claim Against the At-Fault Driver
Accident victims can file a claim against the at-fault driver’s insurance company to recover damages. Suppose the insurance company accepts liability for the accident. In that case, they may offer a settlement to compensate accident victims for injuries and damages sustained. Be sure to review any settlement offer carefully and consult with an attorney before accepting. Insurance companies often lowball their first settlement offers, and an attorney can fight for the compensation you deserve.
Colorado Personal Injury Claim Regulations
Colorado has a statute of limitations for filing a personal injury lawsuit after a car accident. The statute of limitations is typically three years from the accident date. Still, there may be exceptions in certain cases, such as accident victims being temporarily or permanently disabled and wrongful death claims.
Remember, Colorado follows a modified comparative negligence rule, which means that a driver can still recover damages even if they were partially at fault for the accident. For instance, the accident victim may be partially liable if they did not actively attempt to avoid the accident. The investigation determines the accident victim’s overall share of liability.
Filing a Personal Injury Lawsuit Against the At-Fault Driver
Suppose the at-fault driver’s insurance company does not offer a fair settlement or deny the claim. In that case, accident victims may consider filing a personal injury lawsuit against the at-fault driver.
The first step in filing a personal injury lawsuit is hiring an experienced attorney to help accident victims navigate the legal process and advocate on their behalf. A professional personal injury attorney will investigate the accident, gather evidence, and advise victims on the strength of their case.
Before or during the trial, the at-fault driver’s insurance company may offer a settlement to resolve the case. Consult with an attorney before making any decisions to accept or deny the settlement. If the offer is fair, accident victims can accept it. If not, the case can go to a jury to decide on fair compensation.
Filling a Wrongful Death Claim in Colorado
A wrongful death claim can give you the option to receive due compensation after losing a loved one due to someone else’s wrongful acts or negligence that resulted in death. It can be filed by the surviving family members or representatives of a person who died. Although nothing can replace the loss of your loved one, a wrongful death claim can help you financially and also ensure that this doesn’t happen to someone else.
The purpose of a wrongful death claim is to seek compensation for the losses and damages suffered by the surviving family members as a result of their loved one’s death. These losses can include the following:
Loss of financial support from the deceased person
Loss of companionship, love, and affection
Loss of services and support provided by the deceased person, such as child care or household maintenance
Funeral and burial expenses
Medical expenses related to the deceased person’s final illness or injury
A wrongful death claim can be filed by the deceased person's surviving spouse, children, parents, or other heirs. Suppose the deceased person did not have any surviving family members. In that case, the claim can be brought by the personal representative of their estate.
To be successful in a wrongful death claim in Colorado, the plaintiff must prove that the defendant was responsible for the deceased person’s death and that the death resulted in damages to the plaintiff.
Car Accident Attorneys in Denver, Colorado
At Hebets and McCallin P.C., we work to fight for your right to fair compensation. Don’t go at it alone during such difficult times. Work with the legal team that’s got your back every step of the way. We proudly support accident victims and their families throughout the Denver metro area, including Adams County, Arapahoe County, Jefferson County, and Douglas County. Reach out today for guidance.