If you sustained injuries in a car accident in Colorado that wasn’t your fault, you might be wondering whether you have the basis for a personal injury claim.
5 Ways to Determine Whether Your Colorado Case Has Merit
According to driverknowledge.com, approximately 6 million car accidents occur in the U.S. each year, injuring 3 million people. While not nearly all of them will merit filing a personal injury lawsuit to obtain compensation, there are instances when bringing a lawsuit is the right move.
Here are some indications that you might have a viable Colorado personal injury case:
The accident wasn’t your fault.
One of the biggest hurdles to overcome in a personal injury case is proving who was at fault for the accident. If a ticket was issued to one of the drivers, this can be considered proof of liability, although the unticketed driver could still be held partially at fault. Colorado is a modified comparative fault state, which means that the accident victim will be able to pursue compensation for an injury caused by someone else’s negligence — even if the victim was partially at fault — as long as his or her degree of fault does not exceed 50 percent.
The other driver was impaired.
If the driver who caused the accident was driving under the influence of drugs or alcohol, there is rarely a question of fault, since field sobriety tests, breathalyzers, and blood tests have the ability to accurately calculate the amount of alcohol in a driver’s system, and drunk drivers are frequently held liable for their actions, both in civil and criminal court.
In Colorado, a driver who caused an accident while impaired faces serious criminal penalties. Most accidents that result from a DUI in the state will generate a reckless driving charge, and if the accident results in serious injury or death, the driver could potentially face felony vehicular assault or vehicular homicide charges.
Your injuries are serious.
In order for your case to be viable, your car accident injuries and damages must be significant, and you must be able to present evidence that you sustained these losses. Physical injuries, such as fractures, burns, sprains and strains, and head, neck, and back injuries can all be compensable injuries, but relatively minor harms may not be sufficient to warrant bringing a personal injury case. Many lawyers will not accept cases in which the injuries are minimal.
The liable party has insurance coverage.
No matter what your injuries are, it makes no sense to pursue a claim against someone with no means to pay your damages, and your attorney will compare the amount of the insurance coverage to the injuries sustained and advise you on whether to pursue the case. You should never agree to settle your case before the amount of insurance coverage has been determined.
You have a permanent disability.
If you can show that the injuries you suffered in the accident are long-term or permanent, the amount of recoverable damages could increase dramatically. Some examples of permanent injuries include scarring, disfigurement, severe burns, traumatic brain injuries, partial or total paralysis, and the loss of a limb.
Contact an Experienced Colorado Personal Injury Attorney
If you sustained injuries in an automobile accident that wasn’t your fault and are wondering whether you might have the basis for a personal injury claim, contact an experienced Colorado personal injury attorney for a free consultation.